Chapter 28: The Pen is Mightier than the Sword
NOTHING IN THIS CHAPTER OR THIS BOOK MAY BE CONSTRUED AS LEGAL ADVICE: FOR EDUCATION PURPOSES ONLY
One might consider all of the approaches presented in this book as tools in a tool chest. When you are doing construction, it’s good to not only have a hammer, but a saw and screwdriver are also helpful and quite necessary. The same could be said for approaching freedom and the military in-justice tribunals.
This is not speculation or rehearsal for a play, this is real life, and if one desires to be free, it would be best to heed the words in this book, and remember that this information is gleaned from studies over the course of 27 years so far, and a never ending search for the truth and freedom. This book was not written to be read as a novel, but as education for freedom. These procedures are VERY POWERFUL, and can be used in many situations, and if one utilizes the knowledge here, they should be careful, but also be aware, that these procedures are known to be affective, and known to work, depending on the level of knowledge of the Freeman or Freewoman applying them.
It is always best to have a firm grasp of the information and knowledge in one’s own head, and that way one doesn’t have to rely on external sources and paperwork, and if one get into a situation where one is in custody and it’s all tight in one’s head, then all the necessary paperwork on the spot, and everything can be written up exactly as needed, without “crutches.” That is the best way. Know the information well and the less questions one has, and the better the reader knows the material, the better position that person can be in to utilize these methods and achieve their goals in relation to freedom, should they choose to go that route.
If someone reading this now desires to be free today and from here onward, they must examine carefully their previous contracts and employment, first. Some adhesion contracts may be desirable to eliminate, others may be desirable to keep.
In the example of “driving” and “traveling,” there is the fact that when an automobile is registered and becomes a “vehicle” (factual), and when a driver’s license is employed for use one is involved in “commercial” activity such as transporting for hire (factual). The presumption stands among many freedom seeking individuals that if the “vehicle” is being used by someone who does not have a driver’s license, they are still presumed to be involved in commerce because the car is registered. However, this does not stand up to conventional logic. That would imply that someone who is not licensed to drive, with a driver’s license, would be prohibited from using or traveling in an automobile just because it was registered to use for commercial use. Almost every automobile is registered for commercial use, because of fraud through non-disclosure and ignorance of the law. This means an individual would have to “unregister,” an automobile before he could use it for his traveling purposes and this makes no sense, in law. I do not see why an automobile could not serve a dual function and role. It does not always have to be used for “transporting for hire.” If that is the only car you own and your wife is pregnant and needs to go to the hospital, do you stay home and wait until your friend from across the valley picks you both up to take you to the hospital or do you use the car that is also registered for commercial use, and if you do use this car, is your trip to the hospital considered “transporting someone for hire?” It makes more sense that only the use of the driver’s license implies commerce and the registration of the automobile as a “vehicle” does not constitute involvement necessarily in “commerce.” Though I do not have a court case for this, precisely. There might be one out there. The point being, just having a license and traveling in a registered automobile does not imply commerce and the presumption can be rebutted.
There are several options at this point for people. Some people are using passports to travel in their automobiles and removing their plates, and/or sending them back to the DMV. I have heard of some success doing this. There are also methods for Non-Citizen Nationals to get certificates of non-citizen national status pursuant to Section 341(b) of the Immigration and Nationality Act (INA), 8 USC 1452(b). This certificate may be used to then obtain a passport as a “state citizen.” I cannot make recommendation for this, and it’s not an idea I am promoting.
Documents such as these may be useful for some people. Besides being pulled over, there are other situations which may occur as well, like being kidnapped off the street or raided in your home and removed directly to jail. When no crime has actually been committed (injured party), then the best attitude might be to proceed as if you are not a party to any contract (provided you are not), and everything could then be questioned from the start of any encounter. Next to avoiding encounters, should one occur, the next concept to apply would be minimalizing the situation. Can the officer or judicial official be reasoned with? While you probably are not going to be talking much to a judge, the officers are the first responders in most cases.
It’s important to treat everyone with respect and kindness and never assume people are your enemy or working against you. Every human has a heart deep down inside them somewhere and many of these criminals are just doing their jobs and taking advantage of the situation of power. Once you can make them laugh or gain their respect in some way, many times they will work for you in your favor. Be polite and courteous. Show respect to the employees of the District of Columbia. They work for us, as our servants, remember. You would not treat your employee like trash, would you? Look them in the eye, stand up for yourself, and display a knowledge of the law and your purpose. Do not allow them to play mind games with you. They are not your superior. You do not work for them. It is the other way around, in fact. They are the ones employed. They are the ones who have a fiduciary responsibility to perform according to a set of statutes and codes.
California Code, Business and Professions Code – BPC CA BUS & PROF § 6067
Every person on his admission shall take an oath to support the Constitution of the United States and the Constitution of the State of California, and faithfully to discharge the duties of any attorney at law to the best of his knowledge and ability. A certificate of the oath shall be indorsed upon his license.
Most recently I discovered this awesome document on the Sovereign Citizen problem. It’s a government document that gives some background information then makes some VERY INTERESTING recommendations. It was produced for the legal profession and meant to give advice for dealing with “sovereign citizens” which in itself would be an oxymoron. A citizen cannot be a sovereign and vice versa. Well worth reading and understanding. After reading through a massive bunch of pages we finally get to this at the very end. I advise reading this with a set of x-ray glasses:
Sovereign Citizens: A Reasoned Response to the Madness by Joshua P. Weir
“Given this state of affairs, and the tremendous amount of resources someone like Miles Julison or the Eilertsons can cost taxpayers in fraud, litigation, and prison costs, it seems the best strategy is to keep sovereign citizens out of the courtroom as much as possible.”
“Criminal laws should only be a part of this battle, however, as there seems little indication that they will deter hard-core sovereign believers like Miles Julison. Further, a stint in prison can add to the problem by giving sovereigns a captive audience of fellow prisoners that is uniquely receptive to the ideas they are selling. The SPLC has described the spread of the sovereign-citizen ideology through the prisons as “viral.”
“The best strategy seems to be keeping these people out of the system if at all possible. The more quickly and unceremoniously courts and other public agencies can dismiss their frivolous filings, the better. Motions to dismiss their spurious lawsuits should be granted liberally, with as little expense to the defense as possible. In federal court, where the plaintiff is proceeding in forma pauperis, dismissal of a baseless claim under 28 U.S.C. §1915(e) can be an effective tool. With prisoners, the initial screening stage under the Prison Litigation Reform Act should also be used freely. States should consider similar pre-filing screening mechanisms that can ease the burden on already overworked courts, prevent harm to victims of this tactic, and avoid putting fuel on the fire of a sovereign’s anger.” (Prison may have fueled the fires with some of the examples discussed in this article, such as Daniel Petersen, supra note 291, as well as the drama of Mr. Reed and Mr. Davis, supra note 292. See also Laird, supra note 80, at 58 (‘They will go to prison and recruit everybody there,’ MacNab says. ‘Look at someone like [notorious tax defier] Irwin Schiff. He’s been in and out of prison since the ‘70s and nothing has awakened him.”) (1)
(1) Sovereign Citizens: A Reasoned Response to the Madness by Joshua P. Weir ; https://law.lclark.edu/live/files/20846-lcb193art12weirpdf
One idea circulating among sovereign minded people deals with Apostille and Diplomatic Status, through a Treaty through the Hague Convention. These are issued by the state, and have had some good success, from what I have heard, but I don’t have enough information on this personally to get into it here. It involves overcoming the “Trading with the Enemy” presumption of your citizenship and enemy status. It’s called “Act of State,” and it could be relevant and important as well. This is much different than rescinding your citizenship or expatriating, which is another fast growing alternative for sovereigns, although I don’t subscribe to the idea, myself. The Act of State information appears to be solid and well founded, and beneficial, but I’m not sure how reliable it is. (As of 2019, I have not heard of much success with this.)
Affidavit of Negative Averment. – This is an affidavit of Truth, filed with the court, and Noticed to the Public in some way, that says essentially, “The natural person is not the strawman, and the natural person owes no duties, taxes, or debts to the state or federal government and there exists no evidence that the natural person owes any duties, taxes, or debts, and I believe the none exists,” then the state and courts are noticed and given ten days to respond or confess that the truths asserted on the affidavit are true and correct. I’ve heard this can be very powerful and should be done by Notary Presentment and Certified Non-Response by the same Notary. This means the Notary certifies to what is in the envelope and sends the envelope themselves, with the return address to themselves as well. That means when the response is made, if it is made at all, it will be returned to the Notary, and this allows the Notary to Certify that no response was made. The Notary has the evidence. If you did this any other way, the Notary cannot testify to the act having been done, or done properly. The Notary, remember is a State Officer.
Waiver and Non-Consent — Well, I cannot say anything about this personally, but Winston assures people this will work if done correctly. Howard Griswold is also very adamant about this procedure. I feel it is very important to include and may be a very valuable tool in the arsenal. The way it works is, and this is true, and I believe I laid this out elsewhere, but it is assumed that every reasonable man or woman would accept a benefit privilege if given to them. So, you are assumed to be accepting the benefit privilege of the corporation, the United States. Make sure in any case you are dealing with, to have your Affidavit of Negative Averment placed into the evidence file, and also your WRITTEN EXPLICIT WAIVER of the Benefit Privilege of the court proceeding, the court’s rulings, the sentencing, and jail. All of these are considered benefit privileges, believe it or not. The other Issue is Non-Consent. It has been understood, mostly, I believe by a Supreme Court Justice statement made that “most prisoners in jail are there by their own consent,” that the judges cannot sentence us without our consent. There are some that believe that you must explicitly let them know that you do not consent to go to jail. Now, if you are in a last resort position, what will it hurt to try it out, since you have little to lose at that point? I would make sure it’s written and filed in the evidence file if possible, but if not, make sure to say “for and on the record, I do not consent to be detained or to go to jail.” I have heard of this working before. The judge asked one time, “well then what do you consent to?” and the person stated he “consented to being released” and that is what the judge did. You see, it may be hard to believe, but the people actually are the government “in fact,” and the officers and agents are the government in “fiction,” and since this is the natural pecking order of the corporate world we live in, it is up to us, the people to MOVE the COURT, if it is truly OUR COURT. You see, if you fail to move the court yourself, the corporate officers go ahead and do it themselves and it’s usually to their benefit and not yours. If a private person moves the court, then the government is supposed to honor that action.
Moving the Court – This is about taking control, and not sitting back and waiting for them to move on you. The way this would be accomplished would be say for instance, the judge has just asked you if you want to call a witness and you call the prosecutor, to ask if he has a claim against you, and if he knows anyone who does…or maybe it’s the police officer or “informant” who wrote their name on the affidavit to obtain a search warrant, or whoever you believe is holding the claim, or you may want to do this to several people, then go ahead and say the following, “For the record, there being no party to step forth with a superior claim to my own, and there being no party to show evidence of any claim against the defendant so and so, the plaintiff or accusing party so and so, stipulates that there are no claims against the defendant, and that he believes that none exist. Therefore, I move for summary judgment. I would like to request the finding of facts and conclusions of law.”
Also, if there is any time in court, that you ask a question, and the opposing party does not answer, or falls silent, you should immediately move the court by stating the party so and so falls silent and therefore the answer is “fill in the blank”….now you see, if they don’t respond, you should respond for them, that is the way of commerce, and affidavits, and contracts. This is the way it works, so what I’m saying, is “work it to your benefit.” Remember the definition of what a court is, and remember to “hold your court,” or “lose your standing.”
In commerce, if you want to say something to the court, or anyone for that matter, it is done in the form of “Notices” and “Petitions,” not “Motions.” However, one must get the court to establish on the record what type of proceeding it is first.
There are proper procedures for doing a lien and they should be followed closely, in order to avoid problems with the courts. It is not the purpose of this book to teach those procedures, but you can get Hartford Van Dyke’s Lien Material either online or from many sources. A Lien is basically an Arrest Warrant for Property. It is a very useful and EXTREMELY POWERFUL tool, and should be used wisely, and carefully. A person can ruin another person’s credit, and cause all kinds of problems when filing a lien against them. A lien can also be used as leverage, when someone is strong-arming you in the courts and refuses to be “honorable” in their commercial dealings. In order to avoid being labeled a “paper terrorist” though, one must abide by the rules and follow them carefully. One should always be honorable and friendly in their affairs. This is something I would suggest to everyone. Always give your brother or sister a chance to settle with you. Then, when they fail, then give them another chance. That is the proper way to conduct one’s affairs. It is not my intent to encourage anyone to be vengeful, and I would warn those that would use the information in this way, that what one reaps, one sews, so always treat others as you would like to be treated, and if the other party is attempting to injure you, and will not stop, and does not respond to your affidavits, then a lien against their property or bank account, or bond, would likely be in order.
Here is another useful set of court procedures to study. This is the proper way to deal with the issue in court.
Potential Scenario involving a Court Conversation in Commerce or Affidavit of Truth, or declaration of Status
We do not know how they are operating against us and in what secret manner. It could be Merchant Law or it could be Constitutional Law or it could be military rule in Territorial legislative courts. We need to ask lots of questions. If you argue, you may be threatening to the judge. But someone who asks questions is not perceived as being harmful in the same way. You are not challenging when asking questions, you are inquiring.
Some of the following “recipes” have been prepared by other people and in the end of the chapter, I will introduce the rules of court, court procedure and possible solutions I have put together based on the work of other teachers and students. This is kind of like learning Kung Fu, Karate and Ju-Jitsu all at the same time. The master of all three is the true master of the art of fighting. The same could be said for fighting for freedom. We have Common Law and Constitutional Law, we have Merchant Law and Equity in commerce and we have Administrative Law or corporate rules. These are the various forms of law that require a good degree of understanding. At this point, I assume the reader now has a moderate understanding. This will require additional research that is not included in this book. It requires due diligence and application with will to freedom. It is a lifestyle, not a part time hobby, though it should always be fun and can be considered a hobby if one is not tempted to test it out and actually liberate themselves from the nightmare matrix.
(The following is a method of understanding and action. It is not a direct step 1, step 2, step 3, procedure. The concepts are to be well understood first, then it should be able to be recited to a lesser or greater degree. If you are to speak in court, which is not recommended, this might be part of the proceeding, but it would have to be when you are able to speak, and not out of turn. There is a lot to be said here and it’s not likely the judge will allow time for it all. It is suggested to make your voice heard in written form and have that filed into the record before the court proceeding ever takes place. More on that later in this chapter. Once again, study the substance here, and not the form. Do not ever apply the form, in any place you find it, especially in this book. The substance is all I am sharing.
1. The court is a commercial register, a place where a contract or agreement is made.
2. Failure to respond is tacit agreement.
3. When you are trying to write an agreement you would need the name of the second party to have an agreement in fact. The court is acting on an assumption not an agreement.
4. In order to get an agreement in fact you need to name for the record.
5. If the judge tries to give his title instead of his name: “Your offer of communication is accepted and your dishonor is returned. Please state your name instead of your title.” “Is that title registered with the Secretary of State?”
6. If the judge still refuses to give his name, then he waives his rights, and now you can proceed with the contract as if he had answered.
7. “Do you have a claim against me?” Claim: dispute of title.
8. “Do you know anyone who has a claim against me?” “Who” demonstrates that you asking if a man has a claim against you, thus avoiding traversing into a legislative/fictional venue.
9. “This authorized representative does request the “title” to please direct the prosecutor to answer whether there are any more charges.” That removes any lingering assumed charges.
- “This authorized representative does request the “title” to please direct the prosecutor to answer whether the assessment for the charges are in his possession.” This eliminates the assumption of the agreement in question, without the assessment there can be no charges. This primarily puts the prosecutor into trouble, as he is now practicing law without a license and that is a felony.
11. “This authorized representative does request the “title” to please direct the prosecutor to provide the assessment for the charges along with the certified audit trail of all transactions including the voucher and all disbursement documents and receipts.”
12. “This authorized representative does request the “title” to please direct the prosecutor to provide the serial placement number of his bar card.”
13. “This authorized representative does request the “title” to state whether he has subject matter jurisdiction.” (If the court does not have an assessment for the current charges, not further charges, and not subject matter jurisdiction it is in a position of forfeiture.
14. “This authorized representative does request an appearance bond at no cost so that he can plead to the charges.” (This places your name on the account and serves to charge the account and thus the appearance bond is discharged when you make an appearance in the court. This places the operators and holders of the account into immediate involuntary bankruptcy. If there is no assessment of the charges they will typically not issue the appearance bond, but you can therefore issue a subrogation surety bond.)
15. Do not allow them to waive reading of the charges. Do not understand the charges. They are trying to get you to verify the charges. “Your honor is it not the duty of the one bring the charges to verify them?” Persist in having them produce the assessment for the charges.
16. This is the point to introduce the guilty plea.
17. Now, ask for the findings of facts and conclusions of law. The findings of facts is the agreement of the parties and the conclusion of law is the close of the escrow.
18. “This authorized representative does request the order of the court to be released to the debtor immediately.” There being no charges in fact, there being no assessment in fact, etc., therefore, there is no dispute as to who is entitled to the order of the court. It has to be the property of the debtor as the debtor has the only valid claim before the court which is a guilty plea in fact. The sufficiency of the pleading creates subject matter jurisdiction and the debtor becomes the plaintiff. The plaintiff is the moving party in the case, and especially now is the judge liable to the debtor because of the surety bond.
19. After asking the three questions and requesting the order of the court you have changed it into a small claims court where the parties themselves must bring their claims, cannot be represented by an attorney with a title of nobility. If there are no claims then that is a default to our appearance to investigate. It is an inquest hearing to appear and show cause.
20. It is basically a coroner’s inquest or a probate into the matter of any claims against you in the common law.
21. It turns into what the Magna Carta calls an ecclesiastical court of conscience.
22. And in this inquest, only those who have firsthand knowledge of a claim can testify. If no claims can be brought in fact, then the public inquest is over, and you are out of there.
23. Judge So and So, is not a name, and cannot be entered onto the public registry. It is a fiction and cannot give direct testimony.
24. The judge might say, “The STATE OF UTAH has a claim against you.” You would say, “Is there anyone here to press a claim in any alleged name other than their own?”
25. If the prosecutor wants to stand up and press that claim then you demand that he be sworn in to testify under oath as to the damage in the claim in which he is testifying…there is the inquest. Here is a good place to demand a proof of loss. If the attorney does take the stand to testify then he has to bond up his testimony. Attorneys are civilly dead and have no public liability, so if they tell a lie then there has to be a bond to cover that possibility. If it is the prosecutor, then you could bring in his public hazard bond that is the bond on his oath of office. If he won’t take the stand to testify under pains and penalties of perjury, then there is not public business to be done here, and I am leaving.
26. It’s either the judge’s private corporate business going on in there, or your private rights under public law. Don’t traverse into the judge’s private corporate business.
27. These people are all acting under the major premise of a legislative democratic venue. They must have delegation of orders that give them any authority to do anything they’re doing and obviously, once he’s gone through the first 3 questions and there is no claim brought forth in fact, then there is no further business.
28. There is a parallel commercial world and universe in bookkeeping that parallels the legal judicial bookkeeping. The order of the court would have to come from the insurance provided for the legislative democracy which is its treasury. When the court creates a security/indictment, there has to be an appraised value on it. That determines the value, how it is measured. Once measured it can be discharged dollar for dollar under HJR 192. The courts like to hide the assessment of the security and let the “bill” turn into an accounts receivable. The accounts receivable just sits on the books, and the government agents just do an offset against it any time they need funding, and hence draw down on the prepaid account.
29. When you go into court you are exercising your rights under public international law to discover what kind of business these people are trying to do. You can discover if they are acting as rogues and pirates.
30. You go into the private international courts in your public capacity, because your private rights are recognized in the public. But as soon as you engage in a co-business venture in their private business, you’re in their court in a business venture, you’re in an agreement and everything is proceeding.
31. “I request the order of the court to be released to the debtor immediately.” You are looking for the insurance policy of the order. You want to know who is behind the claim, the dispute in title. With those requests and statements he has just made a public verbal demand for a Bill of Particulars! He has removed any assumptions/presumptions around the agreement in question. He is trying to find out the nature and cause of the claim. Without knowing who has the liability on the order there is no way to close the escrow.
32. There being no further public business, withdraw. You are giving equitable notice to the parties present.
That is the very best summary of the court knowledge right there. If you can understand that preceding portion well, and cite that material and know it well enough to use it in your speech and interchange it at will, which means thoroughly understand it in your inner being, it is likely you will succeed in court, provided you also handle yourself like a lady or a gentleman, whichever applies. Be kind, and respectful. Keep the peace, and make it known that you are not in contest or controversy. That is the best approach.
I don’t advocate going out and using these concepts in court, at least until you have a firm understanding of what you are doing, and even then, one must only do them upon their own will. I do not wish anyone to use these methods in court because I said so or they heard it from me. The desire to use this information in some form or manner must come from the will of the applicant. Also, one must be confident. A freeman or woman will know when the time is right. One way is to ask yourself, as you are learning all of this, “What if a DEA or IRS agent walked up to me right now and wanted to question me?,” “Would I know how to handle it?,” “Would I be scared?,” “Would I be o.k. if they arrested me, and confident I could handle it?” — NOW, when you can answer those questions and be o.k. with the answers, then you are ready.
In my personal life, I don’t go crossing the street in front of policemen on red lights, and I don’t go looking for “issues.” I mind my own business, and I expect others to mind their own. It’s not smart to go out and “confront” authority, because court issues are not fun when you go through them all the time. Also, there is always someone to pick a fight with if you like picking fights.
Now, when people who don’t know me, come into my life and make me offers, or give me orders, and I find myself caught up in these entanglements, I look at these events differently. I say to myself, “oh, my card has come up, and now it’s time to use new info. I have learned and to learn new things about the system and “freedom” in general, and I always “accept them for value,” or handle them appropriately in common law.
But I recommend taking a responsible attitude in your application of this knowledge. Take karma into consideration, and step carefully and lightly in all that you do. I say this because it’s my belief that this will keep your ‘selves in alignment. Your conscious and your subconscious have to be in alignment in all you do, and you have to understand these concepts first. Not just a little, but as thoroughly as possible. When you can confidently stand up to the judges and District Attorneys and inform them calmly, and firmly of your principle position, and do it in a friendly way, you may find yourself lucky enough to have made a friend, who might be willing to give you a pointer or two. It is always better to look at the positive side and anticipate things going the right way for you, instead of thinking that you will automatically be defeated. That is the “key,” really. Because this is what will resonate from the core of your being, and the confidence will radiate all around you.
There are no absolutes in any of this. By observing the world and what is happening, reality can be “distilled,” and we can see the way things really work. Then, you have to take the information internally, to “internalize” it, then it becomes a part of your awareness, which can aid you day to day in your life and pursuit of happiness. I hope this book has helped to do that. By observing these truths and happenings in the world, I, personally have been able to conclude that this is as close to the truth as one can get. At least, this is as close as I have been able to get, as far as this subject is concerned…..so far.
It is easier to change oneself within, than to change the world around you, and it can be more beneficial to focus on this process, for the “short-term” goals of “personal freedom,” and to focus on “public initiatives,” etc., for the long-term, “public freedoms,” because these freedoms are secondary to our personal, private, natural rights and freedoms. If we are unaware of our true roles as the masters of government agents, then the government agents become our masters.
In analogy, I liken this to someone who is thinking about what to do as their ship is sinking. They barely know how to swim themselves, if they try to save the rest of the passengers, without knowing how to swim themselves, they risk drowning along with all the other passengers. However, someone, who knows how to swim well, can focus on the other passengers better, without putting him or herself in harm’s way. By learning how to be free, yourself, and even free of the financial system, like Roger Elvick, and many others now that follow his philosophies, you can be better equipped to deal with all sorts of things that come your way along the road of life, as you go about your business. It took Roger getting into tremendous trouble and spending years and years in prison, and many others who have spent decades and decades in prison to finally extract the level of knowledge we have now about the inner workings of the corporate prison industrial complex. Roger has been involved in many attempts over the years to help people and has taken on a lot of burden for that, but one thing he is not, is a crook. He is a pioneer and his knowledge, since it has been applied in 1999 and onward has been tremendously successful in helping people all over the country, and likewise, those who have misunderstood it or abused it in ways for greed, have found themselves in trouble time and again. Remember though, there is nothing criminal about using his process in attempting to achieve freedom. Just don’t create any financial instruments without understanding everything you are doing. A lien and a partial assignment can be as effective as creating a draft, and far safer legally if it is perfected according to law.
If you do decide to use this information and you get results, positive, or negative, and you wish to inform me about it, please include ALL the details possible, and I might include it in a revised and updated version of this book or on my website.
In order to better understand how Commercial Law Works and the Lien Process, study the following Maxims of Law. Maxims of Law are age old concepts that are considered to be so well understood and engrained within the system of commerce or law that one need never challenge them. They are established guidelines. Nothing may contradict them, or it is not commerce or law. They are established “truth.” Maxims of Law are immutable.
1. A workman is worthy of his hire. (In other words, you, as a person, have inherent value in your ability to labor.)
2. All are equal under the law. (This is not statutes and codes they are referring to, it’s commerce.)
3. In commerce, truth is sovereign. (Your word is your bond.)
4. Truth is expressed in the form of an affidavit. (Express your truth, state the facts, present your evidence, claim your interest, and lay out the foundation for your expression of truth.)
5. An unrebutted affidavit stands as truth in commerce. (If the party the affidavit is being sent to, does not respond within a timely matter, anywhere from 3 to 10 days, the stated facts stand as truth in commerce, and it becomes a judgment.
6. An unrebutted affidavit becomes the judgment in commerce.
7. In commerce, for any matter to be resolved, it must be expressed. (That’s the purpose of the affidavit of truth.)
8. He who leaves the battlefield first, loses by default. (The commerce game is played worldwide. The IRS seizes property by using this process. We use paper to justify the use of force.)
9. Sacrifice is the measure of credibility. (You must put up something, in order to gain anything. This could be a bond, but it must insure the claim. One cannot realize the potential gain, with risking the potential loss.)
10. A lien or claim can be satisfied only by rebuttal by affidavit point for point, resolution by jury, or payment. (Refer back to “all are equal under the law,” and you may start to see the benefit of liens.)
Now, here are some more Maxims, but from the actual law, not of contract law. Maxims of Jurisprudence Part 4 of the California Civil Code.
3510. When the reason for a rule ceases, so should the rule itself.
3511. Where the reason is the same, the rule should be the same.
3512. One must not change his purpose to the injury of another
3513. Anyone may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.
3514. One must so use his own rights as not to infringe upon the rights of another.
3515. He who consents to an act is not wronged by it.
3516. Acquiescence in error takes away the right of objecting.
3517. No one can take advantage of his own wrong.
3518. He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.
3519. He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.
3520. No one should suffer by the act of another.
3521. He who takes the benefit must bear the burden.
3522. One who grants a thing is presumed to grant also whatever is essential to its use.
3523. For every wrong there is a remedy.
3524. Between those who are equally in the right, or equally in the wrong, the law does not interpose.
3525. Between rights otherwise equal, the earliest is preferred.
3526. No man is responsible for that which no man can control.
3527. The law helps the vigilant, before those who sleep on their rights.
3528. The law respects form less than substance.
3529. That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.
3530. That which does not appear to exist is to be regarded as if it did not exist.
3531. The law never requires impossibilities.
3532. The law neither does nor requires idle acts.
3533. The law disregards trifles.
3534. Particular expressions qualify those which are general.
3535. Contemporaneous exposition is in general the best.
3536. The greater contains the less.
3537. Superfluity does not vitiate.
3538. That is certain which can be made certain.
3539. Time does not confirm a void act.
3540. The incident follows the principal, and not the principal the incident.
3541. An interpretation which gives effect is preferred to one which makes void.
3542. Interpretation must be reasonable.
3543. Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.
3545. Private transactions are fair and regular.
3546. Things happen according to the ordinary course of nature and the ordinary habits of life.
3547. A thing continues to exist as long as is usual with things of that nature.
3548. The law has been obeyed.
The following section will rely on the teachings of Mark Emery, a student of law and commerce, who has a very good handle on the situation as it applies today. His knowledge is vast in this material.
“Let’s take a brief look at Black’s Law definition of “Status”:
“What is STATUS? The status of a person is his legal position or condition. Thus, when we say that the status of a woman after a decree nisi for the dissolution of her marriage with her husband has been made, but before it has been made absolute, is that of a married woman, we mean that she has the same legal rights, liabilities, and disabilities as an ordinary married woman. The term is chiefly applied to persons under disability, or persons who have some peculiar condition which prevents the general law from applying to them in the same way as it does to ordinary persons. Sweet. See Barney v. Tourtellotte, 138 Mass. 108; De la Montanya v. De la Montanya, 112 Cal. 115. 44 Pac. 345, 32 L. R. A. 82, 53 Am. St. Rep. 105; Dunham v. Dunham, 57 111. App. 407.
“What they are saying here is that your status determined which laws apply to you. Status determines which rights and obligations apply to the individual. Various forms of status include married or unmarried people. Citizens of the United States. State Citizens. American Nationals. Foreign Nationals, Tourists or you may have Diplomatic Immunity.
“The next important issue to consider is Standing. What is STANDING? Once again, from Black’s Law:
“A right of people to challenge the conduct of another person in a court.
“So, standing is the ability to sue. In order to have standing one must have a “cause of action.” In other words, a valid “claim.” Generally, the only people who have standing in the courtroom are Plaintiffs, Defendants, Attorneys, Witnesses, and Friends of the Court. Those are the only people the court will listen to. There are three standing requirements.
“There are three requirements in order for one to have “standing.” They are as follows;
“Injury-in-fact: The plaintiff must have suffered or imminently will suffer injury—an invasion of a legally protected interest that is (a) concrete and particularized, and (b) actual or imminent (that is, neither conjectural nor hypothetical; not abstract). The injury can be either economic, non-economic, or both.
“Causation: There must be a causal connection between the injury and the conduct complained of, so that the injury is fairly traceable to the challenged action of the defendant and not the result of the independent action of some third party who is not before the court.
“Redressability: It must be likely, as opposed to merely speculative, that a favorable court decision will redress the injury.
“The next important word to be aware of is Agency. What is AGENCY?
A relation, created either by express or implied contract or by law, whereby one party (called the principal or constituent) delegates the transaction of some lawful business or the authority to do certain acts for him or in relation to his rights or property, with more or less discretionary power, to another person (called the agent, attorney, proxy, or delegate) who undertakes to manage the affair and render him an account thereof. State v. Ilubbard, 58 Kan. 797, 51 Pac. 290, 39 L. R. A. S60; Sternaman v. Insurance Co., 170 N. Y. 13, 62 N. E. 763, 57 L. R. A. 318, 88 Am. St. Rep. 625; Wynegar v. State, 157 Ind. 577, 62 N. E. 38.
Con’t: “The contract of agency may be defined to be a contract by which one of the contracting parties confides the management of some affair, to be transacted on his account, to the other party, who undertakes to do the business and render an account of it. 1 Liverm. Prin. & Ag. 2. A contract by which one person, with greater or less discretionary power, undertakes to represent another in certain business relations. Whart. Ag. 1. A relation between two or more persons, by which one party, usually called the agent or attorney, is authorized to do certain acts for, or in relation to (lie rights or property of the other, who is denominated the principal, constituent, or employer. Bouvier.
“Our Government agents are bound by the Law of Agency. This is their fiduciary duty to the people, their Principle. To do business, every entity must have an office and a registered agent where mail and process can be served. That attorney for that business is their registered agent. He is the one with the fiduciary duty. He is the liable party for the business. We are presumed to be the agent for the dead entity with our names in all caps, the strawman. We are presumed to be acting in a representative capacity for the principle. This is why we are being held responsible for the charges.
“Going into Blacks again for a more thorough definition of Attorney, we find the following;
“What is ATTORNEY?
“In the most general sense this term denotes an agent or substitute, or one who is appointed and authorized to act in the place or stead of another. In re Ricker, 60 N. H. 207, 29 Atl. 559, 24 L. R. A. 740; Eichelberger v. Sifford, 27 Md. 320. It is “an ancient English word, and signifies one that is set in the turn, stead, or place of another; and of these some be private * * * and some be publike, as attorneys at law.” Co. Litt. 516, 128a; Britt 2856. One who is appointed by another to do something in his absence, and who has authority to act in the place and turn of him by whom he is delegated. When used with reference to the proceedings of courts, or the transaction of business in the courts, the term always means “attorney at law,” q. v. And see People v. May, 3 Mich. 605; Kelly v. Herb, 147 Pa. 503, 23 Atl. 889; Clark v. Morse, 16 La. 576.
“From this definition we can see that an attorney acts as an agent and he is the one in court acting on behalf of the business. He is the responsible party. When you are in court and the prosecutor is hounding you, just remember, he is an attorney and responsible for the business he is representing, being the corporation called the STATE OF CALIFORNIA or the CITY OF LOS ANGELES. In order for an attorney to conduct the business in court in behalf of another, there must be a Power of Attorney granted to them and that is something that may be demanded (requested) to be seen in court as part of the discovery. This fact is evidenced by the word Attorn, which is defined as follows;
“What is ATTORN?
“In feudal law. To transfer or turn over to another. Where a lord aliened his seigniory, he might with the consent of the tenant, and in some cases without attorn or transfer the homage and service of the latter to the alienee or new lord. Bract, fols. 816, 82. In modern law. To consent to the transfer of a rent or reversion. A tenant is said to attorn when he agrees to become the tenant of the person to whom the reversion has been granted. See ATTORNMENT.
“What is POWER OF ATTORNEY?
An instrument authorizing a person to act as the agent or attorney of the person granting it. See LETTER OF ATTORNEY
“A power of attorney is an agreement between two parties: a principal and an attorney in fact. The attorney in fact need not be an attorney at law (a lawyer). A power of attorney gives the attorney in fact rights to act in the principal’s place. Attorneys in fact are fiduciaries of their principals.
“Powers of attorney may be general, limited, or special. They are usually written documents, although some jurisdictions allow oral power or attorney agreements. Many jurisdictions impose special requirements on their form or substance.
“General powers of attorney allow agents to take any legal action their principals may take. For example, the agent could open or close bank accounts in the principal’s name, invoke or waive the principal’s contractual rights, or buy or sell stocks for the principal. In most jurisdictions, even a general power of attorney is not unlimited due to statute or court precedent. For example, a jurisdiction might prohibit attorneys in fact from using their principals’ assets to pay themselves.
“A principal may grant a limited power of attorney by placing restrictions in the power of attorney.
“Some jurisdictions allow special powers of attorney for certain situations. Most often, special powers of attorney are used to appoint people to make medical decisions on the principal’s behalf when the principal is incapacitated.
“Normally, a power of attorney only remains effective as long as the principal is alive and competent to make decisions. Principals may, however, grant durable powers of attorney that persist after they are no longer able to make their own decisions. – (End of first section of Mark Emery Material)
So, the attorney is in fact acting on behalf of another, under contract, in ALL situations where he is in court and MUST possess a “Power of Attorney” from their client. This is important to remember because the prosecuting attorney in the courtroom does NOT possess a Power of Attorney from the State corporation, or City corporation, he is supposedly representing. When the court attempts to foist a Public Defender on an individual when they refuse to take one, this individual can ask, “where is the Public Defender’s power of attorney?” or place him on the stand as a witness and ask him if he has one of those, signed by the person being prosecuted. If that is not possible, this individual could ask them on the record, in the courtroom. The judge knows he does not have one, in which he can represent anyone unless they authorize him to. If they still refuse to submit to that, then the Power of Attorney can be revoked right there on the record in front of the witnesses.
Now, a person may sign their name as “attorney in fact,” and this makes them an “agent.”
Let’s take this back to what we learned previously about the abandoned property of the strawman. If the United States is set up as a Constructive Trust and the people have been granted the privilege of limited liability through HJR-192 and the ability to discharge all debt in the bankruptcy of 1933, We, the people are the grantors, the creditors and the beneficiaries.
The bonds that have been created in our name which have created all the derivatives on the market which have created all this public debt, have been foisted on us because as beneficiary we never addressed the issue or made any claim and therefore the property of the all caps name was deemed “abandoned” and therefore we are deemed “incompetent,” therefore our office is “vacant” and the estate is administered for us and the physical man or woman is held liable as the “trustee/agent/surety.” We then become the debtor and the responsible party for paying all the charges. This is how the whole system works and how we get dumped with the debt and thee attorney’s and banker’s liabilities. This is also why we started with Status, because that is the most important issue, first and foremost. Many people will think to themselves while reading this book, “if it’s only relative anyways, what does it matter if I’m a US citizen or a State citizen or a Freeman?” Well, it matters very much, in relation to how the law treats you, and which laws apply to you, as I stated previously.
Creating a claim against your strawman is what Roger Elvick first started teaching around 1999 when he was released from prison. An individual files a UCC-1 claim against their ALL CAPS strawman and claims title to it as the holder in due course, so there are no higher or prior claims. It makes a public record that you have in fact taken control and this is evidence that the property is no longer abandoned and there is a principle in fact, who holds the office or beneficiary of the trust. When Roger first started to teach this, several people went out and made their own “programs” from it and claimed all kinds of things Roger never stated, such as the idea of there being $630,000 in an SSN account or $1 Million dollars in a Treasury Direct account in our names and we could claim it and so forth. This is disinformation spread all over the internet. Roger never said any of that stuff. The only thing Roger “said” really was printed in transcripts of conversations and spread out among friends and co-patriots. Roger was always right on the money, in his knowledge.
When Mark presents his material, he includes an image of the Miami Federal Courthouse, which is taken from above and actually resembles a ship on the high seas. It is no coincidence. It looks exactly like a ship with engines in the back and a smokestack in the center. The judge is the captain of the ship and that’s why when you cross the bar, you are in admiralty/maritime jurisdiction. Now the contract becomes the ruling issue before the court and the average individual’s position as “debtor/surety.” Now the Dock/Docket makes much more sense, doesn’t it? The “berthing” of the “vessel” or ALL CAPS name. The Birth Canal and Delivery. The prisoners are “delivered” before the magistrate. When released they are “discharged” from the courts or ship. There are even floating prisons now, on the high seas that practically nobody knows about and even less people have access to. I’m not sure if some of the prisoners even know they are on a ship on the high seas. This is the extent of this madness and the ignorant masses are financing it all on the stock markets. So, how then do we stay off their ship?
Here is an approach Mark teaches: This is perhaps the very best approach for many matters. It incorporates the most essential elements of what we have learned so far and applies it in the correct order addressing each concern concisely. Once again, I should reiterate, this is good for substance and knowledge, but application of it may or may not be necessary based on personal decisions. A counterclaim may be a far better strategy, but I include this for mental training purposes. Its powerful material.
When you are first called in court and the judge calls the case and yells out something to the effect of:
“The state versus John Smith Defendant case number so and so, will the parties come forward?”
The prosecutor might introduce themselves and tell the judge their bar card number and they are representing the state through the District Attorney’s office on this issue and so forth. At this point you have not crossed the bar yet. In some cases, in order to force people into the bar they read a list of names, like in traffic court, or even in some criminal proceedings I have been involved with, and have them seated on a bench inside the bar while each case is called. The people who are not there are marked as missing because the public defender comes through and gathers names of all the people who have cases there that day. In this case, I don’t think it would be wise to give them your name. Instead there should already be papers filed with the clerk for your case, to be seen by the judge, and this may prevent having to “appear” in person. If you do have to appear, then this is what you might consider doing.
You would then make your appearance right there in the gallery when your name is called, and respond with “Judge, I’m here in propia persona making a special appearance as grantor and beneficiary of the estate being administered in this case relating to the named defendant.” One point to be aware of is not allowing the judge to name YOU as the defendant, which he or she will usually attempt to do. The estate would be all the accounts being administered in the court for the ALL CAPS name. They are administering the estate of the dead person, in probate. Make it known that you are not there in a representative capacity. Make sure the court is a court of record before you say anything. Ask the judge if this is a court of record. The first thing you say then is “I reserve all rights at all times and waive none ever.” At this point the judge might try to get you to tell them your name, if he has not tried to already. “If he asks you “what is your name?” Then they might add, “If you are not John Smith defendant, we will deem him absent and we’ll issue a warrant for his arrest.” At this point, the proper response might be, “Judge, I’m here to administer this matter for the benefit of the court.” … “If the [prosecutor] has a valid claim against me, the man who is beneficiary to the estate of the defendant, let me see it and I’ll tell you if I am the named party or not.” Then you may turn to the prosecutor and say “Mr. [Prosecutor], please provide me with the verified claim.”
At some point, in the beginning of the proceeding, the judge will attempt to drag you into the court by forcing you to pass the bar, where the court is actually held. Questions must be raised at this point before this is done. The question might be phrased like this, “Judge, I need to know this, if I cross the bar, am I entering into a contract with this court, yes or no?” At this point he could get very upset, but it does not matter to you since you are expected to be held innocent until proven guilty, in all matters. They have not even identified you yet, so arresting you would be very difficult to do. They still don’t know who you are. You are only asking questions which make sense and if placed on record, could be grounds for reversal on appeal or thrown out before trial. The answers they respond with hold them accountable in the “court of conscience.” Whatever he says, yes or no, you might add at this point, “Judge I have no intention to board your ship. I operate under the laws of the republic and I hereby invoke the laws of the republic to manage my affairs in my court. My court is hereby set under the laws of the republic. I can operate just fine from here, thank you judge. And I’m here to help you administer this case expeditiously, so let’s get on with it.”
The judge may start to threaten you with contempt or to have the bailiff arrest you. Many times judges threats can be empty and I have seen this happen. A judge will threaten contempt and never carry it out even though the party in court continues with their rant. You don’t want to rant or come off belligerent. Be kind and courteous and also stand up strong and lead. The judge is a public official not almighty god. The next thing to respond with might go like this, “If you force me to cross the bar against my will with threats of force and imprisonment being used against me, it is only under duress that will comply and there will be no contracts assumed or presumed by my presence. My law follows me wherever I go with my reservation of rights intact at all times. For the record, are we clear on that?”
The judge may not answer. Sometimes they go silent. When they go silent, it is time for you to move the court. They are giving you an “out,” sometimes. Use it. One may proceed with these words, “Excuse me judge but I need a reply to my question for clarity. I said I would comply with your request under duress and on the terms I just stated. Are we clear on that? Yes? I’ll take your silence as consent. Let the record reflect that the judge has accepted my terms and we will proceed on that basis. Thank you judge.”
Provided you are being railroaded and do not see justice just yet, or in the alternative, you would like to address the prosecutor at some point, something like the following could be used since you have now set the record.
“Excuse me judge, before you proceed there are some administrative matters to attend to which will expedite this matter before the court. I need to address the prosecutor/County Attorney/Attorney for the plaintiff.” Or “I have some administrative matters to deal with the City Attorney, and I need to address him for just a minute, so if I may…” Then you would turn to the prosecutor and state something like this, “Mr. Prosecutor, Do you have a claim against me, the living man who is the beneficiary of this estate? If so, please present it now so I can examine it. I would like to see the verified claim, please show me.”
In many cases the prosecutor will respond with, “We have a complaint in this case against John Smith, defendant, which I presume is you, etc.” If they try to trap you into the position of the “defendant,” say, “No, I stated clearly, for the record, who I am and I am not the agent/trustee or the named defendant or surety against which you seek to settle your matter. I am the beneficiary. Let me repeat my question. Do you, Mr. Prosecutor, have a claim against me, the grantor and beneficiary of this estate? Yes or no?
No matter how the prosecutor responds, the proper answer would include something to this effect, “Against whom? Not me. For the record, you have provided no evidence that there is a claim against me, you have not showed me any claim. I am the beneficiary of the named estate, living upon the land, in the republic. I believe you want me to stand in as the defendant as the trustee and debtor, which is a mistake, for the record, which I need to correct. The record stands corrected. That is not my capacity and if you claim so you need to establish documentary evidence and enter it into the record now. Do you have it, yes or no?”
At this point, he might be feather ruffled and say something to the judge like, “your honor this is irrelevant, we need to proceed.” They will do all kinds of things to attempt to sway you, and manipulate the proceedings. At this point, the entire court may be address as you ask out loud, “Again I ask, who here in this court who can hear my voice, has a claim against me. Please come forward with your claim. Who can present a contract to which I am being held liable as the man upon the land in my venue which is the law of the republic. Does anybody here have a contract to present or a claim against me? Mr. Prosecutor, you want me to believe that there is a claim against me yet you have shown nothing to this court to support your position.” Then proceed and direct your attention to the judge. You might consider saying something like, “Judge, let the record reflect that Mr. Prosecutor has not presented to the court or to me any documentation which supports a verified claim against me. Judge, I move this court to dismiss this case as the prosecutor has failed to state a claim upon which relief can be granted.”
What you are doing is establishing evidence that there is no claim and whether it’s a traffic citation or an indictment for some “criminal” matter where there is no injured party. Everything must be established on the record.
Next, Mark takes things in another direction by directing a different set of questions to the prosecutor. This handles the matter more directly, if or when things are not going your way and justice is not being served.
You might want to direct the following type of question to the prosecutor at this point, “Mr. Prosecutor, are you a witness in this case, prepared to testify under oath with first-hand knowledge and information related to the alleged charges in this matter?” He will likely respond with something to this effect. “No, I’m representing the state.” The proper comeback for this might be, “Oh, so then you are a state licensed attorney at law representing the plaintiff, correct?” Likely, he will say, “yes, that’s correct.”
Well, if he is foolish enough to answer “yes,” then the correct statement and question might be in response, “O.k. then Mr. Prosecutor, I need you to enter into the record of this proceeding your license to practice law issued by the state, not a private bar card, but a an actual license issued by the state to establish that you have proper standing as an agent for the plaintiff to even discuss this matter with me. Please do that now. Please provide that to this court.”
Now, you will have led him down a trap path because he would have stated on the record that he was a state licensed attorney and there is no such thing. This helps establish for the record that he is prone to lying. When he states, “Well, I have my bar card”, You might respond with, “No, I did not ask for your bar card, you went on the record and stated that you are a state licensed attorney and now I want to see it that license. Please show it to the court and enter it into the record.”
When he fails to produce this, the appropriate action to take might be to say something like, “Let the record reflect that the prosecutor cannot provide any evidence to the court that he is who he says he is and he is an imposter illegally passing himself off as someone who he is not.” Then directing your attention to the judge, the proper statement might include the following words, “Your honor, I move this court for dismissal on grounds that Mr. Prosecutor has not established proper standing as an attorney at law licensed to represent his client in this court and the plaintiff is without proper representation and has no standing in this court since the plaintiff is not present.”
The most important thing to remember though out all of this is to stay on point no matter what they throw at you. The judge could have either tossed all this a while ago, or he is proceeding to run right over everything you do, outside his authority to do so.
Following this same line of thought would be the next direction to take things, if all else is not working yet. One might want to direct the following statement to the prosecutor, “Mr. Prosecutor, are you going to be presenting your client, the plaintiff as a witness to testify under oath, with first-hand knowledge and information related to the alleged charges in this matter?”
Of course, he will say something like, “No, it doesn’t work that way.” To which the proper response might be, “Oh, so we are not operating in equity, and we must be operating at law. In that case, please present me and the court with the underlying contract which you want to hold the defendant accountable to. You can do that now, can’t you? Please provide the contract that the plaintiff has with the defendant.”
We must remember, they are trying to hold us accountable to traffic infraction and statute violations in a corporate capacity, through administrative law and legislative Territorial courts operating in bankruptcy.
At this point, one might direct their attention to the judge in the matter and say something to the effect of, “Your honor, let the record reflect please that the prosecutor cannot produce the plaintiff as a witness under oath nor can he produce a contract to which he wants to hold the defendant accountable. Therefore, he has no standing in law or equity. Judge I move this court for dismissal for want of prosecution and failure to state a claim upon which relief can be granted.”
If the case is still continuing against you at this point, the next path of approach might include the following, directed at the prosecutor, “Mr. Prosecutor, you mentioned before that you are representing the plaintiff in this case, correct?” He will answer “yes,” but you want to wait till he answers and get it on the record first. “Then I need to see the contract between you and the State, your client, the plaintiff, which gives you the Power of Attorney to represent the plaintiff before this court. Do you have that contract to present the court, yes or no? Do you have it or don’t you?” Whatever he says, it doesn’t matter.
He might say, “Everyone knows the District Attorney’s office represents the state on these matters, and bla hblah blah.” The next step might be to speak up and say, “Well, you want to make a claim against the defendant and I don’t know who you are or who you work for. I don’t operate on assumptions or presumptions, only documented facts. This court only recognizes documented facts. Please produce your representation contract or Power of Attorney with your client, for the record, to establish your authority and legal relationship with the plaintiff so this court can see that you have proper standing.” When he fails to produce this, one might include the following statement, “I will take that as a No. Let the record reflect that Mr. Prosecutor has not established his proper authority to act on this matter. He has no contract with the plaintiff giving him the Power of Attorney to represent the State in this matter, and thus has no standing to be before this court. Your honor, I move the court for dismissal on this matter for the prosecutor’s failure to establish proper standing before this court as agent for the plaintiff.”
At this point, everyone in the courtroom has witnessed this fraud being perpetuated and pointed out, and the criminals are caught red-handed engaged in fraud on the record. It’s doubtful that this could go further, but if it does, there is more.
The next thing Mark suggests is to say something to this effect, “Mr. Prosecutor, you are conducting your activities and seeking to settle charges amongst the people in the public. So surely, you can produce the payment and performance bonds which provide indemnity for yourself or your principle in the event of any missteps which may occur which may cause damage to the public. So, please produce for the court and record here, the bond or bonds for this action in particular, not a general bond, for this action in particular, which gives you the authority to impose yourself upon the public, with indemnity. Surely you can do that. Am I correct?”
If he cannot produce these, or will not, then you might add the following, “Oh, I see, Mr. Prosecutor, why are we here? You have nothing. No claim. No standing. No agency. No contract. No witness. No bond. No authority. You are making a mockery of this court. You are wasting this court’s time. You’re wasting taxpayer dollars. You are fired.” At this point, you might warn him he is facing arrest, should he continue.
You may want to close out the court session as follows, “Judge, there is no case here. The prosecutor is wasting everyone’s time. The record reflects that this case is null and void, ab initio, nunc pro tunc. From the beginning. And I require you to confirm its dismissal.”
This is not something you are asking for. You are requiring it from a public official, as you expect them to do their job.
The next step of this procedure is the next to last resort, for pre-pleading maneuvers. However, there might be some written paperwork which could be submitted prior to the hearing, which may prevent this entire hearing from taking place. But failing to achieve justice at this point, Mark recommends the following. Direct this to the judge, and say something to this effect, “Excuse me judge, but I will not be denied Due Process. If you attempt to deny me the Due Process I am entitled to which you are required to insure by your contract with me, via your oath, then you are acting ultra viris, (outside his authority) and you would be in contempt of your duty, your oath and my god given rights in my venue which would put you in the middle of accepting full liability for the damage you may cause in any ultra viris acts which interfere with my rights as a man upon the land, in my venue. Now, judge, remember I operate in my venue, not in yours. In the alternative, if you wish to incorrectly presume me to be a person who is the named defendant without any evidence or proper claim establishing such, you would be interfering with my ability to conduct commerce.
It would be illegal restraint of trade as per 15 USC section 1 and 2. $1 Million dollars per offence on the individual. $100 Million for the entity, add to that RICO laws in addition to federal and criminal statutes relating to the deprivation of rights under color of law, specifically sections 241 and 242 among others. Those are just a few of the laws that you, judge, would be in contempt of. Don’t threaten me with contempt, when you are in contempt of due process and your oath of office if you continue along this track and neither of us wants to see that happen, do we? Shouldn’t this matter be settle amicably and according to the law, don’t you think? I certainly wouldn’t want you and Mr. Prosecutor to be acting in concert on the record to steamroll me on this matter in contravention of all law, duty and established jurisprudence. Now do your duty to demand the prosecutor to properly establish himself in this case before the court as I have required or dismiss the case. Those are your only two lawful options. Judge, how would you like to proceed?”
If all of this fails so far, then there is one last semi-forceful approach Mark suggest which would include something to this effect, “Ok Judge. There seems to be some miscommunication here. I have not been presented with anything which names me as the defendant in any legitimate claim in my capacity of beneficiary of the named estate in my venue. I’ve not seen the bond supporting the action. I’ve not seen anything which gives the prosecutor proper standing in this court to address me on this matter, therefore, I’m obviously at a serious disadvantage here due to lack of disclosure, discovery or transparency in this matter. Now since you and the prosecutor seem to be on the same page here and I’m completely in the dark at this point as to how this court is operating outside of law and equity. I am hereby appointing you as trustee over the estate of the defendant to protect my interest as beneficiary and administer this matter in a fiduciary capacity on my behalf, so please proceed as my trustee in this matter and I thank you very much.”
Now, this is probably the MOST powerful approach to entering a courtroom, I have ever analyzed in all my years of research. Mark is spot on with this. Everything he is doing in this procedure squares with all the known facts we have about the court system and how it operates upon us. This method is tried and true and has been used numerous times to cause judges to run from the bench, or close case ASAP. This is extremely powerful information, but without a background understanding like I provide in this book, one would be at a loss to attempt to use this because one must understand it first and foremost. You cannot just memorize this and think it will work for you. It won’t because the judges can smell fear, and they will know you are bluffing if you don’t understand what you are doing. It’s a formulation within consciousness, of cohesive cross data in the mind. One must not act it, one must be it. Integrate it into your personal awareness, and then you won’t have to memorize it. It will just flow naturally, because it’s all based on common sense, not lawyer bullshit.
Several things must be kept in mind. When the judge or prosecutor falls silent, immediately proceed and say let the record reflect that so and so. Say whatever it will be in your favor, and then let the record reflect that fact as evidence now. Failure to object is fatal. Always be prepared to object to everything they say, and give reason. If they ask “why are you objecting?” you could say, “because I’m not sure about whether to agree with this or not, so I feel safer objecting, your honor.” Then you can explain that you are making your record, and that is your right to do so.
Don’t back down or feel intimidated. Remember if you are being intimidated, that is duress right there and the contract is null and void, once you say so. The people who are not “lawyers” are given far more leeway in the courts and they are supposed to be. You are not expected to know everything. You are human and may make mistakes. The court should allow for your learning as well. Otherwise, they are forcing you to contract, under duress. You cannot do anything under duress, because it nullifies “assent” or “consent.”
Remember as well. You are dealing with people who are conditioned to believe they are in control and have authority because nobody challenges them. They are not used to this kind of action in court and if they have seen it at all, it will not be too often, and usually it can be slightly traumatic for them. You have to give them as many “outs” as you can. Leave them wiggle room to get out, if they are begging or asking for it, in some way. This is their job. Make it easy for them to help you, not difficult or something they would resent. Work to gain their respect if it can be had, but if not, don’t be an asshole. Always treat others as you would like to be treated. Someone who has an adversary attitude will usually find an adversary eventually. A friend will likely find a friend. That’s just life. Most of these people are just doing jobs and do not have it out for the average person. If you see bias, deal with it right away. Confront them on their bias, in one of the ways presented in this previous approach.
The following information I now present concerns taking this last step slightly further in writing through the court, which may avoid the process of the appearance if settled in this manner. ***
This letter is designed to open the can of worms for the clerk, prosecutor, and the judge in a civil suit or criminal case of any kind.
This can be used to put them on notice that you know what’s going on with their bonds-for-profit “business” related to the case. They will realize that YOU know what is really going on. It is quite possible that you might be called into private chambers to have a private discussion on the matter, this is where you get remedy without the risks and pressure of open court. Who knows how a given judge will handle it, just be ready to go in and stay on point with the letter questions. Consider such an “invitation” good news. Whatever happens, all you want is for them to back down and/or use these bonds to set off, settle, and dis “charge” the charges/case/bill. They will play dumb and just come up with a settlement, get angry (it’s an act), or evasive – so be persistent. You are not there expecting to get rich. The idea is for the case against you to get dropped.
It is also quite possible that this will scare the crap out of them and they could “dismiss” the case or offer a ridiculously good plea agreement in your favor (so they don’t have to expose this to the public), without discussion and just hope you go away.
First, read the following introductory information, then the substance and form are provided.
“COMMENTS FROM PROVIDER OF SECURITIES SEARCHES AND HOW THEY ARE USED
“QUESTION – How do we demonstrate this is an authentic CUSIP search based on the case#, ssn, license etc as submitted?
“ANS: It’s a common one and a serious one at the same time. The screen shot of the fund shown on the Bloomberg terminal we search, as provided is as close as we can get to showing information, and is as the brokers will release.
“A few points to remember: The screenshots ARE from qualified people who researched your case number. A primary reason it’s difficult to accurately track and note WHERE the security interest is being held, is that fund managers can move issues if need be. They do all the time.
“If you fully understand how they are using this CAGE system, it doesn’t matter WHERE a security interest is held. If a proper claim is made the correct parties must detail the findings for you, such as when you contact or motion the court with this information and requesting and disclosures of what is going on. It’s their obligation implement this and do something to make this go away. Do whatever it takes to make this an issue in your case (in this private manner vs public motions just yet).
“Status is everything. If this is done properly and you can control the issue in your favor (such as get case dismissal, etc).
“QUESTION – What if my attorney won’t submit anything demanding disclosure on these issues?
“Typically no attorney will touch this discussion and play dumb or tell you it’s crazy. You may have to force the issue or write the clerk of court yourself. Primarily it seems because it’s against the law for them to discuss this in an open forum. 18 USC 472 bars them from talking about anything relating to the securities generated by these cases. It’s a million-dollar fine and a 20 year sentence if so, by that attorney. Plus, many judges and even more attorneys have NO IDEA this goes on. They will be scared, play dumb, or not advise you to do this. YOU may want to consider doing your private process with the documents and letter to the clerk, and see what happens. THEN copy the attorneys on what you did. NOT LEGAL ADVICE.
“THE BEST WAY is to properly set yourself up, is to take this information as the proper claimant (as only YOU are by name) to the real people running the show. These may be fund managers, IRS chief counsel, the banking commission, head counsel of the court, head clerk /chief judge of the court you are in, etc. These people DO at higher levels know what is going on, and when they comprehend the severity of what you are doing. They will likely privately urge the “public interface” (IE judge or prosecutor) to find a way to make up a “vanilla” reason to feed the public to dismiss the case. They may suddenly accept or make up something like “jurisdiction,” or “lack of evidence,” or some other reason the public will buy and keep their secret river of cash safe. It may come in for form of a dismissal or very acceptable offer to settle for minimal penalties, and make this go away, vs discuss the issues you raised.
“Another way to add leverage is to report these securities sales to the IRS CID. The first issue of a security is a tax-free event, but reporting is required or THEY are involved in tax evasion. Again, being in the proper status (you are beneficiary of securities created in your name IF you claim them), so then you must be making the initial claim to force the issue that all other transfers, etc. are secondary sales and are therefore, taxable to the court – you and full disclosure, and why not? Now THEY are guilty of tax evasion if they did not report the 1099’s, which is why you should also demand them.
“Possible letter to the clerk of court, to start with, then hit other with this as it may apply to their participation to get your remedy.
“RESOURCES – There are services who can assist in looking up CUSIP number or you can search Fidelity – we cannot “coach” on this as it is not our system and processes can change. Background on Cusip numbers – SEC Website https://www.sec.gov/answers/cusip.htm
Search Fidelity Website (note this link could change) – search “Symbol Lookup” https://quotes.fidelity.com/mmnet/SymLookup.phtml?reqforlookup=REQUESTFORLOOKUP&productid=mmnet&isLoggedIn=mmnet&rows=50&for=fund&by=D&criteria=226880145&submit=Search
COMMENT – THIS PAGE FOLLOWING IS NOT A LEGAL TEMPLATE FOR LEGAL ADVICE.
Date Clerk Name Title – Clerk of County Court xxx Address City, State, Zip
Ref: Case Number, (you could also provide your evidence of a Cusip search report, indicating the case# is assigned to bonds being traded)
Case name (State of Cali vs. Defendant)
Dear (Clerk Name)
It has come to my attention that this case either has been, or will be, offered to the financial markets as part of a securitized document package whereupon significant investment income is generated. See attached documents I obtained while investigation case# ______ and using the Name on the case as _____________.
Due to the fact that someone other than I, will be benefiting financially from these securitized documents while using the name and accounts of (INSERT YOUR FULL FICTIONAL NAME IN CAPS HERE), done without full disclosure of these transaction to me, of which, as the living man, executor of the estate, and beneficiary, I hereby require full disclosure on the following (in addition to the information on the enclosed securities report);
- Name address and contact info of the assignee(s) securities were transacted with.
- CUSIP number of either the instrument(s) being assigned or of the fund/instrument to which this case is being directed, if different than or in addition to the securities listed in the enclosed report.
- List of beneficiaries of the investment income for your agency/court 1099 tax reporting purposes.
In addition, since all revenue generated is derived from the accounts using a fictional corporate version of MY NAME, an estate or trust which I am the executor/beneficiary of, and done so without disclosure to me, it would be incumbent upon me to do the necessary tax reporting. Please provide to me the completed 1099 form(s), from the appropriate party(s), including an extra copy I will send to IRS CID, and return to me at my address listed below. I require that any excess funds recovered beyond what is necessary to immediately settle and close this account CASE# __________), shall be return to me as return of property from the estate.
Thank you for your cooperation.
Your Name – in propia persona
State spelled out, replace zip with [non-domestic].
Enclosures (if you have them) CUSIP report containing the discovered Case# CUSIP NUMBER(s)# report as evidence.
“This letter explores the idea of administrative remedies and describes your willingness to settle the matter directly, without the need for playing along in their color of law kangaroo “court.”
“This could be an effective early response to any summons, etc. In so doing, the idea is that you are not arguing but offering to “settle” the matter and that you are in agreement to do so. This is powerful because there is no further dispute to adjudicate. The “rules of acceptance and contract courts” are that if there is no dispute, then there is no issue before the court, and therefore court has no jurisdiction. The opposing party now fails to “state a claim for which relief can be granted” …BAM! The rules are that simple.
“Further, the prosecutor will not likely provide what is being requested (most likely), and therefore will default and have to ‘stand down’ for lack of STANDING to proceeding with any form of ‘charges’. Lack of standing is a killer. You may also craft a follow up letter letting them know this fact is a good idea, as a notice of default, just for the record.
“This letter is intended to put the prosecutor in a box and settle any attempted charges, before it goes too far in their process.
NOT LEGAL ADVICE – MAKE SUBSTANTIAL CHANGES AS IT FITS
Date Prosecutor or Plaintiff Name Prosecutor official title Address City, St. Zip Re: case number Case name they used Dear Prosecutor, In regards to the above referenced matter, by this letter I am coming to you in a good faith effort to settle this matter administratively. Since ultimately all matters relating to statutory code and the dealings of the appointed court are commercial in nature, being administered in the latest round of bankruptcy, I offer you the following: This is my bona fide offer to pay in full, in money of account of the United States, in order to settle the matter once and for all, provided that you have proper status and standing to appear before the court with a verified claim. Failure of any of these would be fatal to the court’s jurisdiction and nullify the action ab-initio. Please provide the following to me within 10 days of receipt, in order to support your claim and position on the matter, and to document that you have my good faith promise to then immediately enter into direct negotiations to settle the matter, on lawful terms.
Regarding your agency for the plaintiff:
1. Certified copy of your license to practice law. You purport to be an ‘attorney” and I have no reason to doubt that, however I do not operate on assumptions and presumptions. Therefor I require your state issued ‘license’ (not a bar card) that would establish this in no uncertain terms.
2. Copy of your representation agreement. You claim to represent the plaintiff in this matter. Therefore, I need to see documentary evidence demonstrating the legal nexus for your representation.
3. As an employee for the office you represent, you are acting on behalf of the public interest (the public trust), and as such this public interest must be indemnified from acts or omissions which would cause injury to those public interests. I request to see your current performance, payment and/or indemnity bond(s) which are now in place covering this action.
Regarding the cause of action, please provide either;
1. The sworn complaint of a true damaged party who is willing to appear as a witness and testify to the damage in this matter, physically, by contract, or due to the fact you can prove with sworn evidence that I am a creature of statute, with a duty to that statute.
2. The specifics of the contract to which you are attempting to hold me to, which are allegedly violated along with material evidence that ties me in as the living man and beneficiary to the estate named as NAME OF CASE, to that contract.
Regarding the obligation on this matter;
1. Documentary or material evidence clearly proving that I am a ‘Person’, and that I am in fact residing or doing business in the STATE OF ___ or within the United States (if applicable) who would be subject to the statutory code you are using. (According to Washington Revised Statutes RCW 62A.9A-307 (h) Location of United States. The United States is located in the District of Columbia).
2. Documentary or material evidence showing that I, _____________________, am the surety, guarantor and/or debtor for the named defendant, ALL CAPS NAME, the cestui que trust. I require authenticated evidence that establishes such a relationship expressly exists. Any presumed relationship as surety is withdrawn, disclaimed, and rebutted nuc pro tuct to the birthday of _______ 1961 found on birth certificate# ______________________. (attach a certified copy form the state attached if you have one).
This is an offer of performance with intent to extinguish the alleged debt liability. From the statutes enacted in virtually every state legislature setting forth the commonly understood meaning of such an offer; the state codes, which are generally entitled “Extinguishment of Obligation.” (or similar wording).
An obligation is extinguished by an offer of performance made in conformity to the rules herein provided and with intent to extinguish the obligation. And state Civil Procedures entitled “Rejected offer as equivalent to production and tender of money, instrument, or property” –“AN OFFER EQUIVALENT TO PAYMENT. (Or similar wording)
An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production or tender of the money, instrument, or property. And Civil Codes stating an offer dependent upon performance of conditions — “PERFORMANCE OF CONDITION PRECEDENT” (or similar wording).
When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition PRESUMPTION OF GOOD FAITH AND FAIR DEALING
The law presumes men act fairly and honestly –that their dealings are in Good Faith without intention to cheat, hinder, delay or defraud another. And if any transaction is called into question, it is equally capable of two constructions;
That one that is fair and honest, the other unfair and dishonest, then, in that case, the law presumes the transaction to be fair and honest. Therefore, I am not going to jump to the conclusion that you are manifestly attempting to “put one over on Me”, by asserting a liability where none exists –and attempting to collect a debt which I do not owe by fraudulent or deceitful means.
Therefore, I make this Good Faith Offer of Performance with intent to extinguish the alleged obligation. Please respond in writing within 10 working days of receipt. These items should be readily available in view of your preparation so far on this matter. Failure to respond accordingly shall be construed as a refusal of the offer to pay in full which, by operation of law and the U.C.C., is the equivalent of a ‘debt paid at law.’
Upon your presentation of a verified claim and the showing of your proper standing in law to negotiate this matter with me, I’ll make myself available for immediate agreement on the settlement terms.
Please be advised that should you fail to establish your claim properly in accordance with the above and you proceed to make attempts at collection/prosecution, via the courts or otherwise, I would consider this an unlawful and ultra vires act, being outside the scope of your lawful authority for which all associated parties could be held personally liable in federal court for any damages incurred, starting with 15 USC 1 & 2, 18 USC 241 and 18 USC 242 and others. I trust you will work to settle this in good faith and I look forward to your reply.
Sent via notary witness who mails for you and registers if there is any response via their address.
Here is the follow-up information regarding the CUSIP numbers and how to access them.
Federal Case Number Update as received from: We The People For Independent Texas [email@example.com] Thanks to a fellow student in reference to CRIMINAL CASE NOS. 3-08-CR-0089 concerning one of our friends (Wes) in debtor prison, the following is supplied in further detail!
Prisoners in America – They cannot deny that they are trading prisoners like cattle!
Enter any prisoner’s case number within the specified entry boxes, located at Fidelity Investment’s online Securities LOOKUP index query, and locate that prisoner’s bonds and find out where they are being traded.
Example: enter a court case number, such as: 05CR272, for example, into the SEARCH VALUE box and you will get a CUSIP number. Example: 316423102. See it being traded as a mutual fund through Fidelity Investments! Follow our below outline as a model using any prisoner’s court case number. Enter “Mutual Fund” into the Search for box on the left. Then enter “Fund Number” for the box on the left.
Use this below model as an outline:
Please enter search criteria for the stock, mutual fund, index, or annuity you want to lookup:
Search for: Mutual Fund by: Fund Number
Search Value: 05CR272 – [ this is the District Court Case Number ]
You can use Symbol Lookup to find the following for a Stock, Mutual Fund, Index or Annuity:
- the full name of the security
• the trading symbol
• the CUSIP number
• the fund number
To find the CUSIP No.: Click the Fidelity Investments symbol below and enter your information using the above model as an outline: http://activequote.fidelity.com/mmnet/SymLookup.phtml
To find Bonds by the CUSIP No.: Click the Fidelity Investments symbol below: http://fixedincome.fidelity.com/fi/FIFrameset.do?page=FISearchIndividualBonds.do
There is also a far more peaceful approach with hardly any confrontational aspects to it that appears to be working rather well, from what I understand, but it’s difficult to fully confirm these things. The people I have learned this from claim a good deal of success with it in all matters where there is no injured party or real person of interest, in the claim. It’s a method called subrogation. Subrogation is also known as “Expressing the Trust.”
First I will explain it briefly, then give some facts and details. The most important thing I can point out right now is that I have led the reader along a path of understanding. Each piece of information has built upon the last as a foundation for learning law and commerce, or equity. In many cases, none of the previous information would be used in court to access freedom in this day and age. The courts operate in commerce and the only approach which stands any REAL chance of obtaining freedom is one which is rooted in solid foundations.
The subject of subrogation is probably the top of the food chain in relation to information concerning trusts and how to operate using bonds. All the information previously discussed should only be relied upon IF AND WHEN subrogation fails and you are placed past the point of using it. In Equity, no matter what, subrogation would be the first and foremost approach and establishing the record using subrogation is essential, BEFORE establishing a record of the other facts and matters like the ones just mentioned. All of this previous information is true, however, it would not be wise to use it unless all attempts at administrative remedy have failed as well as attempts to settle the matter in a gracious and harmonious way with the prosecutor, judge and court. Still, there are far better “first options” we will get to shortly, in the common law, utilizing a “counterclaim.”
Subrogation is an approach which utilizes no argument whatsoever, if it’s handled properly. This is the position we want to come in under, as the creditor. In any complaint, indictment etc., coming after you, the prosecutor or plaintiff is charging you, who are assumed to be the defendant, but the defendant is the strawman, in all caps, JOHN DOE. In subrogation, one would walk into court and assume the position of the defendant in order to pay the debts off and then step in as the new creditor. This substitutes the living person into the position of the debtor, and pays the debt off, thus making the living person the new creditor. The basis behind this is the understanding that the trust was set up under bankruptcy, for our benefit, but when our corporate fictional name is created and our social security number issued, we are still too young, and considered “minors” and the account is considered a “minor account.” We cannot assume the position of taking over as beneficiary of the trust until we are of age.
When the prosecutor comes into the case, he’s holding a bond in your name, but you fail to make a claim to it. That puts you in dishonor and now you become the surety, and your body is held as the liable debtor. That bond can be used to settle or set-off the claim, charges or bill, but only if you direct the court to do that through your right to subrogation. It must be exercised or you assent to become the surety. It’s that simple. Since the bond has your name on it, you are creator of that security. You are the beneficiary of the trust, but as a minor, you are a ward of the state. You have to claim this account and direct the closure of the account by offsetting the debt with your exemption to settle the case. This process allows you to assume the position of creditor instantly. The one who pays the debtors bills is the creditor and is entitles to all the rights, privileges, priorities and remedies which the debtor previously held.
The prosecutor was previously the creditor, and what they are trying to do is get you to step in to the position of debtor. Once you do that and defend the case, NOW there is an actual debt accruing. A person who comes to court to complain about another brings equity to court with them in the form of a bond, as insurance to indemnify the accused party should the claim be made in error or falsely. You are stepping in, since the bond was created in your name and saying, “hey there, that’s mine, so why don’t you use that to pay this charge and set-off this account because that is the equitable thing to do.”
Much of the following information on subrogation comes via a group at youarelaw.org
Good information exists there, however, they mix it up with Christianity and teach some methods that are not worth investigating at all, which can lead to general confusion.
The following is the definition of subrogation:
“The Substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or Securities.
“There are two types of subrogation: legal and conventional. Legal subrogation arises by operation of law, whereas conventional subrogation is a result of a contract.
“The purpose of subrogation is to compel the ultimate payment of a debt by the party who, in Equity and good conscience, should pay it. This subrogation is an equitable device used to avoid injustice.
“Legal subrogation takes place as a matter of equity, with or without an agreement. The right of legal subrogation can be either modified or extinguished through a contractual agreement. It cannot be used to displace a contract agreed upon by the parties. Conventional subrogation arises when one individual satisfies the debt of another as a result of a contractual agreement that provides that any claims or liens that exist as security for the debt be kept alive for the benefit of the party who pays the debt. It is necessary that the agreement be supported by consideration; however, it does not have to be in writing and can be either express or implied. (COMMENT: this is what you get yourself into in court)
“The facts of each case determine the issue of whether or not subrogation is applicable. In general, the remedy is broad enough to include every instance in which one party, who is not a mere volunteer, pays a debt for which a second party is primarily liable and which, in equity and good conscience, should have been discharged by the second party. Subrogation is a highly favored remedy that the courts are inclined to extend and apply liberally.
“The ordinary equity maxims are applicable to subrogation, which is not permitted when there is an adequate legal remedy. The plaintiff must come into court with clean hands, and the person who seeks equity must do equity. The remedy is not available when there are equal or superior equities in other individuals who are in opposition to the party seeking subrogation. The remedy is denied when the person seeking subrogation has interfered with the rights of others, committed Fraud, or been negligent.
“The right to subrogation accrues upon payment of the debt. The subrogee is generally entitled to all the creditor’s rights, privileges, priorities, remedies, and judgments and is subject only to whatever limitations and conditions were binding on the creditor. He does not, however, have any more extensive rights than the creditor. (2)
“This applies directly to any court charge since you have the highest equitable claim to matters involving your NAME estate which the court has made an account out of. Therefore, requiring the prosecutor to “certify your right to subrogation” is the right move. Keep it this simple. This turns the tables, makes you the plaintiff and order them to settle the accounts (or you should order them after you ask). This has been tested in court and can be quite effective if you follow through.
“If you already have an attorney, show him what you plan to send to the judge. The attorney will likely run from this approach and discourage you, as it exposes the game they are all playing together. Then send this letter privately from you to the judge in chambers, signed as the living soul.
“More background information –
IR 126.96.36.199.2.2(2) infant defined internal revenue
“An infant is the decedent of an estate or grantor, owner or trustor of trust, guardianship, receivership or custodianship that has yet to receive their SSN.”
“Once the infant receives a social security number, the infant begins the journey as federal government property, a Federal Employee/Taxpayer (Strawman) with the father and mother as fiduciaries to protect the state property via the newly created Cestui Que Vie Trust’s Estate for the infant, identified by holding the stock certificate (State issued Certificate of Live Birth), and that estate is subject to tax reporting and tax on “income” based on the self-confession that he/she shows by self-reporting a 1040 or 1041 under contract/affidavit, sworn as true, correct and complete under penalty of perjury.
“Once the child attains the age of 18, he/she assumes the title of co-trustee/co-beneficiary and must claim the position of the father described below.
“The father must claim the title of “third party intervener” for the holder of the person occupying the Office of General Executor of the infant’s estate of face consequences of abandonment in the administration of the estate.
“The courts and the judge know this and rightfully step in as administrator under an undisclosed constructive trust for the minor/child (you), if the father and mother are incompetent in the administration of the minor child’s estate or you as an adult act as a child vs being of the Age of Majority, by not stepping up and declaring the trust. Getting an attorney and entering a plea places you as being incompetent and thus WARD of the court, not a beneficiary (Title holder). So you abandoned your position as a rightful beneficial interest title holder, and the court grabs it from you as unclaimed – that is, abandonment of property at sea and it’s called “court.” This is what’s really going on in court, until you claim your title.
“Via the State issued Marriage License and the State issued Birth Certificate for the new child, they have gifted, pledged, abandoned, and orphaned the minor child, the child’s future labor, and the estate to US Inc./District of Columbia.
“The child (and you, if still acting as Minor, who has not yet claimed his/her securities), becomes part of the collective “Res” for Full Faith and Credit of the United States (trust), and the joint and severable debtor/underwriter/Undertaker/surety for all debts and acts of US Inc., its officers, agents, contractors, franchises, corporations, etc.
“This can be entered into any court matter ahead of an appearance or with any party making claims against your estate/minor account. This replaces all previous status declarations. It is simple and complete. Then when in court, repeatedly say to the effect:
“In order to proceed I first require the court to recognize I am here in special appearance as the beneficial equitable title holder in matters involving the named trust in this matter. I also require the court take notice of my Bill in Equity and notice that I appear only in the capacity of one who is at the Age of Majority. As such, I therefore direct you to fulfill your fiduciary duty to settle all accounts as trustee per the BILL OF COMPLAINT IN EQUITY I submitted and recognize my right of subrogation in this matter.” (See Bill Below in Forms Chapter)
(2) https://legal-dictionary.thefreedictionary.com/subrogation) (West’s Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved
“They may try all kinds of things to evade this, but if they do, just keep repeating as many times as necessary. This may be needed to be stated at least three (3) times. Just start with “I do not consent to proceed until this matter has been addressed.” Then repeat the previous phrase again.
The following is the paperwork to file in this situation. I will warn people though. Don’t run out and do this kind of stuff unless you are willing to deal with all consequences. You have to be confident and knowledgeable. If you are not, you could end up being questioned in such a way that will cause you to be in more trouble than you already are. They may try to call a bluff and punish you for not knowing what you should know. It’s not right, but they can do that if they want. Enforcement is the key to all this. If you are not willing to enforce, then you may not prevail. The ultimate court warrior is someone who has most of this and the Elvick material committed to memory in such a way they can explain this whole concept to their friends and family and have them all understand it. Now, if you can do that, you are probably ready to enter a courtroom or file the first papers in response, through the court, prior to appearance.
If you are held in jail, you need to be able to do all this off the top of your head, or you will have to wait until you are released (if at all, prior to trial). I recommend not only having all this memorized well, and whatever you would file in your paperwork too, but also have a good understanding of court procedure like the “Rules of Court.” That way, should they ignore the subrogation, and they also ignore the Mark Emery based questioning, and it’s all on the record you have established, the next steps would be the CUSIP material if that has not already been filed and used and the reporting to the Internal Revenue concerning the outstanding tax obligation of the court, the next move might be to remove the case from the venue into Judicial Article III venue, in which you have the case adjudicated properly without contest.
If we look under 31 Code of Federal Regulations, we find there are certain definitions required to understand this chapter, according to the Cornell Law site: (Not a complete list – Refer to site for more)
31 CFR § 363.6 – What special terms do I need to know to understand this part?
Account means a TreasuryDirect ® account as described in § 363.10.
Automated Clearing House (ACH) means a funds transfer system governed by the Rules of the National Automated Clearing House Association (NACHA). NACHA provides for the interbank clearing of electronic entries for participating financial institutions.
Beneficiary refers to the second individual named in the registration of a definitive savings bond, a converted definitive savings bond, or a book-entry security purchased through the TreasuryDirect system, registered, e.g., “John Doe SSN 123-45-6789 POD (payable on death to) Joseph Doe SSN 987-65-4321.
Book-entry security means a Treasury security maintained by us in electronic or paperless form as a computer record.
Business day means any day that funds may be settled through ACH.
Closed book period means a period of four business days prior to the date a scheduled marketable security interest and/or maturity payment is made, during which time certain transactions will be delayed until after the closed book period is completed. (See§ 363.210.)
Commercial book-entry system refers to the book-entry system in which you hold your Treasury securities in a tiered system through securities intermediaries such as financial institutions or brokerage firms. (See § 363.4.)
Court means a court of law with jurisdiction over the parties and the subject matter.
Conversion account means a linked account in TreasuryDirect that contains only savings bonds that have been converted from definitive bonds to book-entry bonds.
Converted savings bond means a savings bond originally issued as a definitive bond that has been surrendered to us and converted to a book-entry savings bond to be maintained by Treasury solely as a computer record.
Coowner means either of the persons named in the registration of a definitive or a converted definitive savings bond, registered, e.g., “John Doe SSN 123-45-6789 or Joseph Doe.”
Custom account means an account that you establish for a specific purpose that is linked to your primary account. You use your primary account as the portal to open and access your custom linked account. (See § 363.10 for more information about custom accounts.)
Entity means any owner of a TreasuryDirect account that is not an individual. Entity is a sole proprietorship, partnership, corporation, limited liability company or professional limited liability company, trust, the estate of a decedent, or the estate of a living person such as an incompetent or a minor.
Entity account manager is the individual who initially opens the TreasuryDirect account for an entity, or his or her replacement; who is authorized by the entity to act alone on its behalf to open, access, and conduct transactions with respect to the account; and who certifies that he or she is so authorized.
Federal Reserve Bank (Reserve Bank) means a Federal Reserve Bank or Branch.
Individual means a natural person.
Interest on a savings bond means the difference between the purchase price and the redemption value of the bond.
Legacy Treasury Direct® system is a non-Internet-based book-entry system maintained by Treasury since 1986 for holding and conducting permitted transactions in marketable Treasury securities directly with Treasury as book-entry products. (See § 363.4.)
Legal guardian of a minor or incompetent person refers to the court-appointed or otherwise qualified person, regardless of title, who is legally authorized to act for the minor or incompetent individual.
Legal representative refers to the court-appointed or otherwise qualified person, regardless of title, who is legally authorized to manage and settle the estate of a decedent. The term includes an executor and an administrator.
Marketable Treasury security refers to a Treasury bill, note, or bond that is negotiable and transferable, that is, may be bought and sold in the secondary market.
Minor means an individual under the age of 18 years. The term minor is also used to refer to an individual who has attained the age of 18 years but has not yet taken control of the securities contained in his or her minor account.
Owner when referring to an individual, is either the single individual named in the registration of a security held in the single owner form of registration, the first individual named on a security held in the owner with beneficiary form of registration, the first individual named on a security held in the primary owner with secondary owner form of registration, or either individual named on a converted savings bond held in the coowner form of registration; when referring to a minor linked account, the owner is the minor; when referring to an entity, the owner is the entity.
Primary account means the account that you establish when you first open your TreasuryDirect account; your primary account is the portal used to open and access all your linked accounts. (See § 363.10 for more information about primary accounts.)
Primary owner means the first person named in the registration of a security held in TreasuryDirect registered, e.g., “John Doe SSN 123-45-6789 with Joseph Doe SSN 987-65-4321.” In this example, John Doe is the primary owner.
Principal amount means the amount of the original investment. Principal amount does not include any interest earned.
Redemption of a savings bond refers to the payment of principal and interest at final maturity, or prior to final maturity at the option of the owner. The owner may redeem all principal and interest or a portion of the principal and the proportionate amount of interest.
Redemption value means principal plus accrued interest of a bond, or a portion of the principal plus a proportionate amount of accrued interest on the bond, as of the date of redemption.
Registration or Registered means that the name and taxpayer identification number(s) (TIN) of the person(s) named on the security are maintained on our records.
Secondary owner means the second person named in the registration of a book-entry security held in TreasuryDirect registered, e.g. “John Doe SSN 123-45-6789 with Joseph Doe SSN 987-65-4321.” In this example, Joseph Doe is the secondary owner.
Security, or Treasury security, as used in this part, means an obligation issued by Treasury that may be held in TreasuryDirect.
Social security account number or social security number (SSN) means the identifying number required on tax returns and other documents submitted to the Internal Revenue Service by an individual. A SSN is composed of nine digits separated by two hyphens, for example, 123-45-6789.
Taxpayer identification number (TIN) means the identifying number required on tax returns and other documents submitted to the Internal Revenue Service; that is, an individual‘s social security number (SSN) or an employer identification number (EIN). A SSN is composed of nine digits separated by two hyphens, for example, 123-45-6789. An EIN is composed of nine digits separated by one hyphen, for example, 12-3456789. The hyphens are an essential part of the numbers.
Tender means an offer, or bid, to purchase a marketable Treasury security.
Transaction is any action affecting Treasury securities or account information.
Verification service means a public or private service that confirms the identity of an online applicant for a TreasuryDirect account at account establishment using information provided by the applicant.
We, us, or our refers to the Bureau of the Fiscal Service. The term includes the Secretary of the Treasury and the Secretary‘s delegates at the Treasury Department and Bureau of the Fiscal Service. The term also includes any fiscal or financial agent we designate to act on behalf of the United States.
You or your refers to a TreasuryDirect primary account holder.
Zero-percent certificate of indebtedness is a one-day, non-interest-bearing security that automatically matures and is rolled over each day until you request that it be redeemed.
[67 FR 64286, Oct. 17, 2002, as amended at 68 FR 24807, May 8, 2003; 69 FR 2507, Jan. 16, 2004; 69 FR 50308, Aug. 16, 2004; 70 FR 14942, Mar. 23, 2005; 70 FR 57433, Sept. 30, 2005; 70 FR 57442, Sept. 30, 2005; 72 FR 30978, June 5, 2007; 74 FR 19416, Apr. 29, 2009; 75 FR 26090, May 11, 2010; 75 FR 70815, Nov. 19, 2010; 75 FR 78901, Dec. 17, 2010; 76 FR 18064, Apr. 1, 2011] (3)
You know the saying, “there are many ways to skin a cat.” In handling a case against you, there are all sorts of ways to approach it. One might start with subrogation or perhaps another method. The best approach is not to fight or argue but to accept. One way to do this is a “conditional acceptance.” A conditional acceptance for one situation might be the use of the following: I will accept your offer to charge me, on the condition you apply the bond the prosecutor is holding to the account to set-off the charges. Conditional acceptance allow the person being victimized by the court system to act as if they are agreeing, but placing conditions upon the agreement. A police officer may be attempting to get you to agree with something, and a conditional acceptance can be used to “soften” your response of resistance. In general, it would be best used with the judge or prosecuting attorney.
There is one more extremely powerful method which can potentially be used to defeat a case against you, especially criminal. It may be especially useful for releasing prisoners from jail or prison, no matter the length of the sentence. This procedure is based on the knowledge of the prisoner bonds discussed previously.
Jail bonds are not made, which bind the surety, until arraignment, then your plea and signature helps create the bond which then holds you in debt. These bonds are then filled out by the court in the form of a Bid Bond, Payment Bond and Performance Bond, all filed through the General Services Administration (GSA). The following bonds are the essential ones to know about:
SF 24, Bid Bond
SF 25, Performance Bond
SF 25-A, Payment Bond
SF 28, Affidavit of Individual Surety
OF 90, Release of Lien on Real Property
OF 91, Release of Personal Property from Escrow
SF 273, Reinsurance Agreement for a Bonds Statute Performance Bond
SF 274, Reinsurance Agreement for a Bonds Statute Payment Bond
SF 275, Reinsurance Agreement in Favor of the United States
SF 1414, Consent of Surety
SF 1415, Consent of Surety and Increase of Penalty
SF 1416, Payment Bond for Other Than Construction Contracts
SF 1418, Performance Bond for Other Than Construction Contracts
Here is the link to the Cornell site which gives some info on this – https://www.law.cornell.edu/cfr/text/48/28.106-1
These Bonds when filled out by the defendant or the prisoner replace the bonds that have been created by the court which hold the debtor or surety as prisoner while the case or account is making some mutual fund investor a sweet profit. These bonds supersede the previous bonds issued by the court and allow for the release of the funds or property (defendant or prisoner’s body) back to the surety, (defendant or prisoner) thereby releasing them from lien and custody.
The way it is filled out is very important and one MUST know what they are doing. It’s not difficult to understand. There are sources out there which will help anyone to learn how to fill out the forms, but the idea is to use one version of your name, your living flesh and blood name, with the Last Name First, then First and then Middle as the Principle and the name spelled out First, Middle, Last, as the surety debtor. The case # is the product of the contract. The arraignment date is the date of initiation of the contract and the date you sign and submit the contract is the Date the Contract is executed. A simple instruction set accompanies the chapter on Forms. A person cannot really fill this out wrong and get into trouble so it’s not a cause for great concern. But, absolutely, do not fill out any government form until you understand completely, what it is you are seeking to accomplish and what you are actually doing.
There are several sections of the CFR that need research and understanding when applying this material. Nobody is going to do this for you. You have to learn it yourself. The first section (28.203) is what the prosecutor fills out once you plea to the charges and the bond is created. This is the tool they use to create the bond that holds your body captive and liable in the prison complex. Understand this as it is vitally important. Herein is mentioned the use of GSA Form 28.
The second section (53.228) deals with the types of bonds there are and these apply to all kinds of situations and conditions. They can be used for child support or other kinds of court ordered bills or misdemeanor and felony criminal cases.
48 CFR 28.203 – Acceptability of individual sureties.
(a) An individual surety is acceptable for all types of bonds except position schedule bonds. The contracting officer shall determine the acceptability of individuals proposed as sureties, and shall ensure that the surety’s pledged assets are sufficient to cover the bond obligation. (See 28.203-7 for information on excluded individual sureties.)
(b) An individual surety must execute the bond, and the unencumbered value of the assets (exclusive of all outstanding pledges for other bond obligations) pledged by the individual surety, must equal or exceed the penal amount of each bond. The individual surety shall execute the Standard Form 28 and provide a security interest in accordance with 28.203-1. One individual surety is adequate support for a bond, provided the unencumbered value of the assets pledged by that individual surety equal or exceed the amount of the bond. An offeror may submit up to three individual sureties for each bond, in which case the pledged assets, when combined, must equal or exceed the penal amount of the bond. Each individual surety must accept both joint and several liability to the extent of the penal amount of the bond.
(c) If the contracting officer determines that no individual surety in support of a bid guarantee is acceptable, the offeror utilizing the individual surety shall be rejected as nonresponsible, except as provided in 28.101-4. A finding of nonresponsibility based on unacceptability of an individual surety, need not be referred to the Small Business Administration for a competency review. (See 19.602-1(a)(2)(i) and 61 Comp. Gen. 456 (1982).)
(d) A contractor submitting an unacceptable individual surety in satisfaction of a performance or payment bond requirement may be permitted a reasonable time, as determined by the contracting officer, to substitute an acceptable surety for a surety previously determined to be unacceptable.
(e) When evaluating individual sureties, contracting officers may obtain assistance from the office identified in 28.202(d).
(f) Contracting officers shall obtain the opinion of legal counsel as to the adequacy of the documents pledging the assets prior to accepting the bid guarantee and payment and performance bonds.
(g) Evidence of possible criminal or fraudulent activities by an individual surety shall be referred to the appropriate agency official in accordance with agency procedures.
[54 FR 48986, Nov. 28, 1989] (4)
48 CFR § 53.228 – Bonds and insurance.
The following standard forms are prescribed for use for bond and insurance requirements, as specified in part 28. These forms can be found at the GSA Forms Library at https://www.gsa.gov/forms. All the following forms are authorized for local reproduction, except for SF 25B.
(a) SF 24 (Rev. 8/2016) Bid Bond. (See 28.106-1.)
(b) SF 25 (Rev. 8/2016) Performance Bond. (See 28.106-1(b).)
(c) SF 25A (Rev. 8/2016) Payment Bond. (See 28.106-1(c).)
(d) SF 25B (For Standard Forms 24, 25, and 25A) (Rev. 10/1983) Continuation Sheet for Standard Forms 24, 25 and 25A. (See 28.106-1(c).)
(e) SF 28 (Rev. 6/2003) Affidavit of Individual Surety. (See 28.106-1(e) and 28.203(b).)
(f) SF 34 (Rev 8/2016) Annual Bid Bond. (See 28.106-1(f).)
(g) SF 35 (Rev. 8/2016) Annual Performance Bond. (See 28.106-1.)
(h) SF 273 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Performance Bond. (See 28.106-1(h) and 28.202-1(a)(4).)
(i) SF 274 (Rev. 4/2013) Reinsurance Agreement for a Bonds statute Payment Bond. (See 28.106-1(i) and 28.202-1(a)(4).)
(j) SF 275 (Rev. 10/1998) Reinsurance Agreement in Favor of the United States. (See 28.106-1(j) and 28.202-1(a)(4).)
(k) SF 1414 (Rev. 05/1997), Consent of Surety.
(l) SF 1415 (Rev. 7/1993), Consent of Surety and Increase of Penalty. (See 28.108-1(l).)
(m) SF 1416 (Rev. 10/1998) Payment Bond for Other than Construction Contracts. (See 28.106-1(m).)
(n) SF 1418 (Rev. 2/1999) Performance Bond For Other Than Construction Contracts. (See 28.106-1(n).)
(o) OF 90 (Rev. 1/1990), Release of Lien on Real Property. (See 28.106-1(o) and 28.203-5(a).)
(p) OF 91 (Rev. 1/1990), Release of Personal Property from Escrow. (See 28.106-1(p) and 28.203-5(a).)
[83 FR 42576, Aug. 22, 2018] (5)
Another couple of sections to become familiar with would be 26 USC 2041-2044
LII U.S. Code Title 26. INTERNAL REVENUE CODE Subtitle B. Estate and Gift Taxes Chapter 11. ESTATE TAX Subchapter A. Estates of Citizens or Residents Part III. GROSS ESTATE
2041. Powers of appointment
2042. Proceeds of life insurance
2043. Transfers for insufficient consideration
2044. Certain property for which marital deduction was previously allowed
Another part of the US code to become familiar with in relation to this information is the following:
Title 12 – BANKS AND BANKING
CHAPTER 2 – NATIONAL BANKS
SUBCHAPTER IV – REGULATION OF THE BANKING BUSINESS; POWERS AND DUTIES OF NATIONAL BANKS
Sec. 95a – Regulation of transactions in foreign exchange of gold and silver; property transfers; vested interests, enforcement and penalties
It’s important to understand how this relates to what we learned about at the end of chapter 9.
Repeating the previous information, briefly:
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