$64.95 SECURED PARTY CREDITOR PROCESS PACK

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Unsecured Debt Can Be Terminated


Debts can be purged using the Fair Debt Collection Practices Act. Credit history
can be restored by using the Fair Credit Reporting Act. Creditors can be defended
against with knowledge of simple contract law, Generally Accepted Accounting
Principles, rules of court and the basis that banks do not loan anything. Debt
collectors can be defended against with the basis that an assignee cannot
establish any contractual nexus to enforce a claim.
Banks are prohibited from loaning. They can’t loan other depositor’s money
because of the matching principle under GAAP. They can’t loan out nor risk any of
their own assets because of Federal Reserve regulations.
In order to accept a credit application or promissory note, the banks must convert
the customer’s note into a check and give it back to him. Only they can do this
because they have a monopoly on negotiable instruments. It is the customer who
creates the currency and funds the line of credit to himself. The customer is the
depositor (creditor). The banks conceal this fact by carrying out what appears to
be a loan approval process for each customer. There is no loan from the bank.
The object in defending yourself against a creditor that has not assigned the
account to a debt collector is to manipulate the creditor into a new agreement
and/or force the account into collections.
The creditor can be sent a notice of final payment with the expectation that the
creditor will not dispute the payment or its terms in writing, thereby accepting it
as payment in full. When the final payment is accepted, and the creditor has
failed to respond or object to the notice of final payment, it makes it very difficult
for them to maintain a claim against the account holder.
In practice, the creditor will call you to ask about late payments. It is prudent to
take a record of the caller’s name, company, mailing address, and phone and fax
numbers, date and time of call, and then request that the caller limit
communications with you only to writing. It is best to disconnect the call after
obtaining this information and then to send a written correspondence making the
same request.
If the calls continue, you can do this again or make a complaint with your state’s
attorney general’s office.
In most cases, the creditor will assign the account to collections. Once this
happens, the third party collection efforts are regulated under the Fair Debt
Collections Practices Act.
The debt can be assigned, but that doesn’t automatically mean that you have a
contract with the new 3rd party debt collector; in fact you don’t as long as you
don’t contract with them by acquiescence.
The third party assignee usually has no agreement with the debtor, so in order to
recover the loss that it chose to incur; it needs the debtor’s consent. This is
usually obtained by deceit, by tricking the debtor into accepting a new obligation.
You can request from them a validation of the purported debt. This they’re not
going to be able to fully respond to – the collector never provided any services or
products, neither is there an automatic obligation for you to pay.
When the collector responds with anything but some written agreement, evidence
of your consent or evidence of consideration (e.g. payment), they have failed to
validate.
Most collectors who receive this request will never pursue the collection.
If the collector persists in ignoring your request for validation, a complaint to the
Federal Trade Commission may be appropriate. Just listing the address for the
FTC on the second notice is likely to get positive results.
The Commerce Game Exposed
ON APRIL 5, 1933, then president Franklin Delano Roosevelt, under Executive
Order, issued April 5, 1933, declared: "All persons are required to deliver ON OR
BEFORE MAY 1, 1933 all GOLD COIN, GOLD BULLION, AND GOLD CERTIFICATES
now owned by them to a Federal Reserve Bank, branch or agency, or to any
member bank of the Federal Reserve System." James A. Farley, Postmaster
General at that time, required each postmaster in the country to post a copy of
the Executive Order in a conspicuous place within each branch of the Post Office.
On the bottom of the posting was the following: CRIMINAL PENALTIES FOR
VIOLATION OF EXECUTIVE ORDER $10, 000 fine or 10 years imprisonment, or
both, as provided in Section 9 of the order Section 9 of the order reads as
follows: “Whosoever willfully violates any provisions of this Executive Order or of
these regulations or of any rule, regulation or license issued there under may be
fined not more than $10,000, or if a natural person, may be imprisoned for not
more than 10 years, or both; and any officer, director or agency of any
corporation who knowingly participates in any such violation may be punished by
a like fine, imprisonment, or both. NOTE: Stated within a written document
received September 17, 1997, from the U.S. Department of Justice, Office of
Legal Counsel, Office of the Deputy Assistant Attorney General, Richard L. Shiffin,
in response to a FOIA, was the following: "A fact that is frequently overlooked is
that Executive orders and proclamations of the President normally have no direct
effect upon private persons or their property, and instead, normally constitute
only directives or instructions to officers or employees of the Federal Government.
The exception is those cases in which the President is expressly authorized or
required by laws enacted by the Congress to issue an Executive order or
proclamation dealing with the legal rights or obligations of members of the public;
such as issuance of Selective Service Regulations, establishment of boards to
investigate certain labor disputes, and establishment of quotas or fees with
respect to certain imports into this country." NOTE: IT SEEMS RATHER OBVIOUS
THAT PRESIDENT FRANKLIN D. ROOSEVELT WAS NOT "EXPRESSLY AUTHORIZED
OR REQUIRED” TO "ISSUE AN EXECUTIVE ORDER OR PROCLAMATION"
DEMANDING THE PUBLIC (PRIVATE) TO RELINQUISH THEIR PRIVATELY HELD
GOLD. The order (proclamation) issued by Roosevelt was an undisciplined act of
treason. Two months AFTER the Executive Order, on June 5, 1933, the Senate
and House of Representatives, 73d Congress, 1st session, at 4:30 p.m. approve
House Joint Resolution (HJR) 192: Joint Resolution to Suspend the Gold Standard
and Abrogate the Gold Clause, Joint resolution to assure uniform value to the
coins and currencies of the United States. HJR-192 states, in part, that:
"Every provision contained in or made with respect to any obligation which
purports to give the obligee a right to require payment in gold or a particular kind
of coin or currency, or in any amount of money of the United States measured
thereby, is declared to be against public policy, and no such provision shall be
contained in or made with respect to any obligation hereafter incurred. Every
obligation, heretofore or hereafter incurred, whether or not any such provisions is
contained therein or made with respect thereto, shall be discharged upon
payment, dollar for dollar, in any such coin or currency which at the time of
payment is legal tender for public and private debts."
HJR-192 goes on to state:
"As used in this resolution, the term ‘obligation’ means an obligation (including
every obligation of and to the United States, excepting currency) payable in
money of the United States; and the term ‘coin or currency’ means coin or
currency of the United States, including Federal Reserve notes and circulating
notes of Federal Reserve banks and national banking associations."
HJR-192 superseded Public Law (what passes as law today is only "color of law”),
replacing it with public policy. This eliminated our ability to PAY our debts,
allowing only for their DISCHARGE. When we use any commercial paper (checks,
drafts, warrants, federal reserve notes, etc.), and accept it as money, we simply
pass the unpaid debt attached to the paper on to others, by way of our purchases
and transactions. This unpaid debt, under public policy, now carries a public
liability for its collection. In other words, all debt is now public. The United States
government, in order to provide necessary goods and services, created a
commercial bond (promissory note), by pledging the property, labor, life and body
of its citizens, as payment for the debt (bankruptcy). This commercial bond made
chattel (property) out of every man, woman and child in the United States. We
became nothing more than "human resources" and collateral for the debt. This
was without our knowledge and/or our consent.
How? It was done through the filing (registration) of our birth certificates! The
United States government - actually the elected and appointed administrators of
government -took (and still do, to this day) certified copies of all our birth
certificates and placed them in the United States Department of Commerce ... as
registered securities. These securities, each of which carries an estimated
$1,000,000 (one million) dollar value, have been (and still are) circulated around
the world as collateral for loans, entries on the asset side of ledgers, etc., just like
any other security. There's just one problem, we didn't authorize it.
The United States is a District of Columbia corporation. In Volume 20: Corpus
Juris Sec. § 1785 we find "The United States government is a foreign corporation
with respect to a State" (see: NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L.
Ed. 287). Since a corporation is a fictitious "person" (it can not speak, see, touch,
smell, etc.), it can not, by itself, function in the real world. It needs a conduit, a
transmitting utility, a liaison of some sort, to "connect" the fictional person, and
fictional world in which it exists, to the real world.
Why is this important? LIVING people exist in a real world, not a fictional, virtual
world. But government does exist in a fictional world, and can only deal directly
with other fictional or virtual persons, agencies, states, etc. In order for a fictional
person to deal with real people there must be a connection, a liaison, a gobetween.
This can be something as simple as a contract. When both "persons,"
the real and the fictional, agree to the terms of a contract, there is a connection,
intercourse, dealings, there is a communication, an exchange. There is business!
But there is another way for fictional government to deal with the real man and
woman: through the use of a representative, a liaison, the go-between. Who is
this go-between, this liaison that connects fictional government to real men and
women? It's a government created shadow, a fictional man or woman ... with the
same name as ours. This PERSON was created by using our birth certificates as
the MCO (manufacturer's certificate of origin) and the state in which we were
born as the "port of entry." This gave fictional government a fictional PERSON
with whom to deal directly. This PERSON is a STRAWMAN. STRAMINEUS HOMO:
Latin: A man of straw, one of no substance, put forward as bail or surety. This
definition comes from Black's Law Dictionary, 6th edition, page 1421. Following
the definition of STRAMINEUS HOMO in Black's we find the next word
STRAWMAN:
A front, a third party who is put up in name only to take part in a transaction.
Nominal party to a transaction; one who acts as an agent for another for the
purposes of taking title to real property and executing whatever documents and
instruments the principal may direct. Person who purchases property for another
to conceal identity of real purchaser or to accomplish some purpose otherwise not
allowed.
Webster's Ninth New Collegiate Dictionary defines the term "STRAWMAN" as:
1: a weak or imaginary opposition set up only to be easily confuted
2: a person set up to serve as a cover for a usually questionable transaction.
The STRAWMAN can be summed up as an imaginary, passive stand-in for the real
participant; a front; a blind; a person regarded as a nonentity. The STRAWMAN is
a "shadow," a go-between. For quite some time a rather large number of people
in this country have known that a man or woman's name, written in ALL CAPS, or
last name first, does not identify real, living people. Taking this one step further,
the rules of grammar for the English language have no provisions for the
abbreviation of people's names, i.e. initials are not to be used. As an example,
John Adam Smith is correct. ANYTHING else is not correct. Not Smith, John Adam
or Smith, John A. or J. Smith or J. A. Smith or JOHN ADAM SMITH or SMITH,
JOHN or any other variation. NOTHING, other than John Adam Smith identifies
the real, living man. All other appellations identify either a deceased man or a
fictitious man: such as a corporation or a STRAWMAN.
Over the years government, through its "public" school system, has managed to
pull the wool over our eyes and keep us ignorant of some very important facts.
Because all facets of the media (print, radio, television) have an ever-increasing
influence in our lives, and because media is controlled (with the issuance of
licenses, etc.) by government and its agencies, we have slowly and systematically
been led to believe that any form/appellation of our names is, in fact, still us: as
long as the spelling is correct. WRONG! We were never told, with full and open
disclosure, what our government officials were planning to do ... and why. We
were never told that government (the United States) was a corporation, a
fictitious "person." We were never told that government had quietly, almost
secretly, created a shadow, a STRAWMAN for each and every AMERICAN...so that
government could not only "control" the people, but also raise an almost
unlimited amount of revenue - so it could continue ... not just to exist, but to
GROW. We were never told that when government deals with the STRAWMAN it is
not dealing with real, living, men and women. We were never told, openly and
clearly with full disclosure of all the facts, that since June 5, 1933, we have been
unable to pay our debts. We were never told that we had been pledged (and our
children, and their children, and their children, and on and on) as collateral, mere
chattel, for the debt created by government officials who committed treason in
doing so. We were never told that they quietly and cleverly changed the rules,
even the game itself, and that the world we perceive as real is in fact fictional
-and it's all for their benefit. We were never told that the STRAWMAN - a fictional
person, a creature of the state -is subject to all the codes, statutes, rules,
regulations, ordinances, etc. decreed by government, but that WE, the real man
and woman, are not. We were never told we were being treated as property, as
slaves (albeit comfortably for some) while living in the land of the free; and that
we could, easily, walk away from the fraud. WE WERE NEVER TOLD WE WERE
BEING ABUSED!
How does that make YOU feel? There's something else you should know:
Everything, since June 1933, operates in COMMERCE! Why is this important?
Commerce is based on agreement, contract. Government has an implied
agreement with the STRAWMAN (government's creation) and the STRAWMAN is
subject to government rule, as we illustrated above. But when we, the real flesh
and blood man and woman, step into their "process" we become the "surety" for
the fictional STRAWMAN. Reality and fiction are reversed. We then become liable
for the debts, liabilities and obligations of the STRAWMAN, relinquishing our real
(protected) character as we stand up for the fictional STRAWMAN. So that we can
once again place the STRAWMAN in the fictional world and ourselves in the real
world (with all our "shields" in place against fictional government) we must send
a nonnegotiable (private) "Charge Back" and a nonnegotiable "Bill of Exchange"
to the United States Secretary of Treasury, along with a copy of our birth
certificate, the evidence, the MCO, of the STRAWMAN. By doing this we discharge
our portion of the public debt, releasing us, the real man, from the debts,
liabilities and obligations of the STRAWMAN. Those debts, liabilities and
obligations exist in the fictional commercial world of "book entries," on computers
and/or in paper ledgers. It is a world of "digits" and "notes," not of money and
substance. Property of the real man once again becomes tax exempt and free
from levy, as it must be in accord with HJR-192. Sending the nonnegotiable
Charge Back and Bill of Exchange accesses our Private Exemption Account. What
is that? Let's go to Title 26 USC and take a look at section 163(h)(3)(B)(ii),
$1,000,000 limitation:
"The aggregate amount treated as acquisition indebtedness for any period shall
not exceed $1,000,000 ($500,000 in the case of a married individual filing a
separate return).”
This $1,000,000 (one million) account is for the STRAWMAN, the fictional
"person" with the name in all caps and/or last name first. It is there for the
purpose of making book entries, to move figures, "digits" from one side of ledgers
to the other. Without constant movement a shark will die and quite ironically, like
the shark, there must also be constant movement in commerce, or it too will die.
Figures, digits, the entries in ledgers must move from asset side to debit side and
back again, or commerce dies. No movement, no commerce. The fictional
persona of government can only function in a fictional commercial world, one
where there is no real money, only fictional funds ... mere entries, figures, digits.
A presentment from fictional government - from traffic citation to criminal
charges - is a negative, commercial "claim" against the STRAWMAN. This "claim"
takes place in the commercial, fictional world of government. "Digits" move from
one side of your STRAWMAN account to the other, or to a different account. This
is today's commerce. In the past we have addressed these "claims" by fighting
them in court, with one "legal process" or another, and failed. We have played the
futile, legalistic, dog-and-pony show - a very clever distraction - while the
commerce game played on. But what if we refused to play dog-and-pony, and
played the commerce game instead? What if we learned how to control the flow
and movement of entries, figures and digits, for our own benefit? Is that possible?
And if so, how? How can the real man in the real world, function in the fictional
world in which the commerce game exists? When in commerce do as commerce
does, use the Uniform Commercial Code (UCC). The UCC-1 Financing Statement
is the one contract in the world that can NOT be broken and it's the foundation of
the Accepted for Value process. The power of this document is awesome. Since
the private exemption account exists for the STRAWMAN - who, until now, has
been controlled by government - We can gain control (and ownership) of the
STRAWMAN by filing a UCC-1 Financing Statement and activating our private
exemption account. By properly filing a UCC-1 Financing Statement we become
the holder in due course of the STRAWMAN. By activating the account we gain
limited control over the funds in the account. This allows us to also move entries,
figures and digits ... for our benefit. This gives us virtual ownership of the
government created entity.
So what? What does it all mean? Remember earlier we mentioned that a
presentment from government or one of its agents or agencies was a negative
commercial claim against the STRAWMAN (and the STRAWMAN’s account)?
Remember we told you entries, figures and digits moved from one side of the
account to the other, or to a different account? Well now, with the STRAWMAN
under our control, government has no presumable direct access to the personal
exemption account and they also lose their go-between, their liaison, their
"connection" to the real, living man and woman. From now on, when presented
with a "claim" (presentment) from government, we will agree with it (this
removes the “controversy”) and we will ACCEPT IT FOR VALUE. By doing this we
remove the negative claim against our account and become the "holder in due
course" of the presentment. As holder in due course you can require the sworn
testimony of the presenter of the "claim" (under penalty of perjury) and request
the account be properly adjusted. It's all business, a commercial undertaking, and
the basic procedure is not complicated. In fact, it's fairly simple. We just have to
remember a few things, like: this is not a "legal" procedure - we're not playing
dog-and-pony. This is commerce, and we play by the rules of commerce. We
accept the "claim," become the holder in due course, and challenge whether or
not the presenter of the claim had/has the proper authority (the Order) to make
the claim (debit our account) in the first place. When they cannot produce the
Order (they never can, it was never issued) we request the account be properly
adjusted (the charge, the "claim” goes away). If they don't adjust the account a
request is made for the bookkeeping records showing where the funds in question
were assigned. This is done by requesting the Fiduciary Tax Estimate and the
Fiduciary Tax Return for this claim. Since the claim has been accepted for value
and is prepaid, and our personal exemption account is exempt from levy, the
request for the Fiduciary Tax Estimate and the Fiduciary Tax Return is valid
because the information is necessary in determining who is delinquent and/or is
making claims on the account. If there is no record of the Fiduciary Tax Estimate
and the Fiduciary Tax Return, we then request the individual tax estimates and
individual tax returns to determine if there is any delinquency. If we receive no
favorable response to the above requests, we will then file a currency report on
the amount claimed/assessed against our account and begin the commercial
process that will force them to either do what's required or lose everything they
own -except for the clothing they are wearing at the time. This is the power of
contracts (commerce) and it should be mentioned, at least this one time, that a
contract overrides the Constitution, the Bill of Rights, and any other document
other than another contract. We should also mention that no process of law
-"color" of law under present codes, statutes, rules, regulations, ordinances, etc.
- can operate upon you, no agent and/or agency of government (including courts)
can gain jurisdiction over you, WITHOUT YOUR CONSENT. You, (we) are not
within their fictional commercial venue. The Accepted for Value process, however,
gives us the ability to deal with "them" -through the use of our transmitting
utility/go-between, the STRAWMAN - and hold them accountable in their own
commercial world, for any action(s) they attempt to take against us. Without a
proper Order, and now we know they're not in possession of such a document,
they must leave us alone ... or pay the consequences. Yes, this process IS
powerful.
Yes, it CAN set us free from government oppression and control. By knowing the
difference between our STRAWMAN and our more real identity, and behaving
accordingly, we gain our proper sovereignty over "legal fictions" and the ability
(which is our birthright) to demonstrate freedom, to the delight of the Divine in
us all.
An example of a private administrative process response:
John Henry Doe
Secured Party
Attorney in Fact for JOHN HENRY DOE©
c/o 111 Main Street
Eugene, Oregon [97405]
February 9, 2009 Sent Certified Mail # 7004 1687 0004 3411 7422
JACK BOOT individually and dba COLLECTION MANAGER, and
CREDIT COMPANY
ADDRESS
CITY, STATE ZIP Hereinafter collectively referred to as “RESPONDENT”, “you”,
“your”
RE: Alleged Account #____ (hereinafter referred to as Loan)
Dear Mr. Boot,
This is my timely notice to you and your agents that the above alleged account
was disputed and the matter settled in full privately. In accordance with state and
federal law, this is your NOTICE TO CEASE AND DESIST any further contact with
me in any form, unless it is in writing, signed by a living soul, within ten days
time of the date shown above, and you have delivered to me original, verified
documents as specified below proving your claims that:
1) the Secured Party has granted you permission to trespass on a private matter;
2) the matter was something other than settled in full in a private administrative
process;
3) the bookkeeping entries show a loan was made to JOHN HENRY DOE© from
the Lender's assets thereby proving the Lender took a risk in the alleged Loan
transaction;
4) the Lender is in possession of original signatures for all transactions including,
but not limited to, the original loan agreement and transaction slips;
5) all statements by RESPONDENT and/or its agents are based on personal
knowledge as to the status of the alleged Loan;
6) the Lender and/or the RESPONDENT has a registered claim against JOHN
HENRY DOE©;
7) the Lender and RESPONDENT's have strictly adhered to, are and were
completely correct and accurate and in compliance with, the principles expressed
in the Fair Debt Collections Practices Act, hereinafter referred to as “FDCPA”, in all
reporting and all information they provide/provided to Credit Reporting Agencies
regarding JOHN HENRY DOE©;
8) every contact, whether written or telephonic, to JOHN HENRY DOE© by
RESPONDENT or its Agents, is in compliance with the principles of the FDCPA;
9) an attempt to collect upon a purported debt without providing proof of claim
when demanded by the Secured Party is in compliance with the State Statutes
and constitutes a valid ‘claim’;
10) RESPONDENT’s refusal to return the bill of exchange that was tendered on
date constitutes something other than other an exchange for closure and
settlement in full of the account.
Failure to provide the above verified documentation within 10 days constitutes
your agreement that no such evidence exists and your agreement to cease and
desist from any further collection activity on said account.
Should you fail to verify each claim on a point by point basis, your silence or
failure will constitute your voluntary agreement to send, by certified mail, a
cashier's check within thirty (30) days of the date of billing by JOHN HENRY
DOE© in the following amounts:
1) One Thousand Dollars ($1,000.00) for each communication made to JOHN
HENRY DOE©, whether telephonically or in writing, which is not in affidavit form,
regarding your unsubstantiated claim;
2) Three times the value of any property, the enjoyment and use of which by
JOHN HENRY DOE© or the Secured Party is impaired as a result of
RESPONDENT's actions without having first provided documentation verifying
your claim;
3) Five Thousand Dollars ($5,000.00) for each transaction initiated by JOHN
HENRY DOE© where JOHN HENRY DOE©'s commercial ability is impeded due to
you or your agents’ adverse credit reporting;
4) RESPONDENT owes JOHN HENRY DOE© the amount of DOLLAR AMOUNT ($) of
your unsubstantiated claim and triple damages;
5) One Thousand Dollars ($1,000.00) for each court appearance JOHN HENRY
DOE© or the Secured Party makes in response to RESPONDENT's unsubstantiated
claims; and
RESPONDENT also voluntarily agrees to:
6) authorize the Secured Party and JOHN HENRY DOE© to record a UCC-1 both
on RESPONDENT and insert name individually as debtors to secure the debt owed
JOHN HENRY DOE©; and
7) prove his claim as a RESPONDENT in possession of JOHN HENRY DOE©'s
property in an involuntary bankruptcy proceeding process.
The matter is finally and totally settled.
This is a private communication to you in your individual capacity and is intended
to effect an out-of-court settlement of this matter. Conduct yourself accordingly.
Sincerely, with all rights reserved,
Jeff:the man: