Certified U.S. Mail                            [mailing location]
Serial Number #P xxx xxx xxx                      [city], [state]
Return Receipt Requested                        (zip code exempt)
Restricted Delivery                                [today's date]


                    AFFIDAVIT OF DEFAULT AND
                   OF ESTOPPEL BY ACQUIESCENCE


[bank officer]
[name of bank]
[address]
[city], [state]

Dear [bank officer]:

     We, the  Undersigned, hereby serve upon you Our AFFIDAVIT OF
DEFAULT to  establish presumed  fact concerning  your failure  to
produce competent  evidence that  We, as  customers of your bank,
ever waived  Our fundamental  Right to  due process  of  law,  as
guaranteed by  Amendment V  to the  Constitution for  the  United
States  of   America,  as  lawfully  amended  (hereinafter  "U.S.
Constitution").  The U.S. Constitution is the supreme Law of this
Land, pursuant to Article VI, Clause 2.  The constitution of this
state also  recognizes that  the U.S. Constitution is the supreme
Law of this Land.

     On [mm/dd/yy1],  We presented  to  you  Our  formal  written
NOTICE  AND  DEMAND  for  production  of  any  and  all  material
evidence,  currently  in  your  possession  or  control,  of  any
knowing, intentional,  and  voluntary  waiver(s)  by  Us  of  our
fundamental Right  to due  process of  law.   As  stated  in  Our
previous written  communications to  you, waivers  of fundamental
Rights must  be knowing,  intentional, and  voluntary acts,  done
with sufficient  awareness  of  the  relevant  circumstances  and
likely consequences.   See  U.S. v.  Brady, 397  U.S. 742  at 748
(1970);  U.S. v. O'Dell, 160 F.2d 304 (6th Cir. 1947).

     Said NOTICE  AND DEMAND gave you reasonable notice and grace
to locate and produce the requisite evidence of any such waivers.
The deadline  for production  of said  evidence was  [mm/dd/yy2].
You have  served  absolutely  nothing  upon  Us  which  could  be
considered as a good faith and diligent attempt by you to respond
to Our  lawful and reasonable NOTICE AND DEMAND within the stated
deadline.

     Accordingly, We  now invoke  the  doctrine  of  estoppel  by
acquiescence, because  we can  prove that your previous fiduciary
contract with  Us imposes  upon you  a legal  and a moral duty to
answer, and  your silence  can  now  be  construed  as  a  fraud.
"Silence can only be equated with fraud where there is a legal or
moral duty  to speak or where an inquiry left unanswered would be
intentionally misleading."  See U. S. v. Tweel, 550 F.2d 297, 299
(1977), emphasis  added, quoting  U.S. v. Prudden, 424 F.2d 1021,
1032 (1970).  See also Carmine v. Bowen, 64 A. 932 (1906).


                          VERIFICATION

     We,  the   Undersigned,  hereby  verify,  under  penalty  of
perjury, under  the laws of the United States of America, without
the "United  States", that  the above statements of fact are true
and correct,  to the  best of our current information, knowledge,
and belief, so help Us God, pursuant to 28 U.S.C. 1746(1).

Further Affiants Sayeth Naught.


Executed on [mm/dd/yy3]




[signature  of first Person]
_____________________________________
[typed name of first Person]




[signature  of second Person]
_____________________________________
[typed name of second Person]




[signature  of third Person]
_____________________________________
[typed name of third Person]


                             #  #  #
      

Return to Table of Contents for

Bank Levy Procedure