Universal Affidavit of Truth.
UNIVERSAL AFFIDAVIT OF TRUTH
(Integrated Statutory Demand – TILA §1641(f)(2))
---
I, [Your Full Name], a living man/woman, competent to testify, declare under penalty of perjury pursuant to 28 U.S.C. §1746 that the following statements are true and correct based upon personal knowledge, information, and belief:
---
I. STATUS AND RESERVATION OF RIGHTS
1. I am the party alleged to be obligated in connection with an account, agreement, or transaction referenced by [Company Name].
2. I expressly reserve all rights, remedies, and defenses. Nothing herein shall be construed as an admission of liability or debt.
---
II. NO ADMISSION OF DEBT OR LOAN
3. I do not admit that any loan, extension of credit, or lawful debt was issued or funded by [Company Name].
4. Any claim that a valid loan occurred is disputed unless proven by competent evidence showing lawful consideration and creditor status.
---
III. REBUTTAL OF PRESUMPTIONS
5. Any presumption that [Company Name] is a creditor, lender, or owner of an alleged obligation is expressly rebutted.
6. Presumptions do not constitute proof and cannot enforce obligations absent verified facts and statutory compliance.
---
IV. SERVICER VS. CREDITOR – TILA GOVERNANCE
7. Pursuant to 15 U.S.C. §1641(f), a servicer of a consumer obligation is not treated as the owner of the obligation unless it is also the legal owner.
8. Any attempt by [Company Name] to collect, enforce, or represent ownership without lawful proof constitutes a disputed claim.
---
V. STATUTORY DEMAND FOR DISCLOSURE
9. This affidavit serves as a formal written request pursuant to 15 U.S.C. §1641(f)(2).
10. [Company Name] is hereby required to disclose, in writing:
The name, address, and telephone number of the current owner or assignee of the alleged obligation;
Documentary proof of ownership, including any assignment, transfer, or sale;
The legal capacity under which [Company Name] claims authority (creditor, servicer, agent, or assignee).
---
VI. ACCOUNTING AND SOURCE OF FUNDS
11. I require a complete accounting showing:
The source of funds allegedly advanced;
Consideration exchanged;
Any securitization, assignment, or third-party funding.
---
VII. FAILURE TO REBUT
12. Failure to rebut this affidavit point-for-point with sworn evidence shall constitute agreement to the facts stated herein.
13. Silence or non-response shall be deemed non-compliance and may be used as evidence in administrative or judicial proceedings.
---
VIII. COMMUNICATION TERMS
14. All responses must be in written form only.
15. Telephone contact is expressly refused.
---
IX. DECLARATION
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this ___ day of ________, 20.
---
[Your Full Name], Affiant
---
State of __________
County of __________
Subscribed and sworn before me this ___ day of ________, 20.
---
Notary Public
In my experience, drafting and submitting a Universal Affidavit of Truth can be an empowering step when dealing with questionable debt collection practices. This affidavit not only asserts your personal knowledge and disputes the legitimacy of any alleged debt or loan without proper proof, but it also demands statutory compliance from the creditor or servicer. The integrated statutory demand under TILA §1641(f)(2) requires the debtor to formally request detailed disclosures about the loan ownership and servicing, which many creditors struggle to provide. When I personally used this affidavit, I was able to clarify who legally owned the debt and verify whether the collector had the right to claim it at all. This document helped firmly establish communication terms, insisting on written responses and rejecting unsolicited phone calls, which adds a layer of control and formality that can deter harassment. Including precise demands for accounting details—such as the source of funds advanced and any securitization or assignments—is crucial. These details often reveal inconsistencies or gaps that undermine collection claims. It’s important to fill out the affidavit carefully, with your full personal details and keep a copy notarized to enhance its legal weight. However, while the affidavit is a strong defensive tool, it should be used judiciously and ideally accompanied by professional legal advice to navigate complex creditor relationships effectively. It is not an admission of debt but rather a formal challenge requiring the creditor to produce proof. Failure to respond by the creditor may be taken as non-compliance, strengthening your position if administrative or judicial procedures follow. Ultimately, the Universal Affidavit of Truth serves as both a shield and a spotlight—shielding you from false claims, and spotlighting the necessity for lawful evidence from creditors. For anyone facing unclear or aggressive debt collection, educating oneself about such affidavits and related consumer protections can lead to better outcomes and peace of mind.