Debt Elimination and the Commerce Game

 



Debts can be discharged using the Fair Debt Collection Practices Act (FDCPA), and credit history can be restored under the Fair Credit Reporting Act (FCRA). Creditors and debt collectors can be addressed using contract law, Generally Accepted Accounting Principles (GAAP), court rules, and the premise that banks do not issue loans and assignees lack contractual nexus to enforce claims.Banking and Credit MechanismsBanks are prohibited from lending under Federal Reserve regulations and GAAP’s matching principle, which prevents lending depositors’ money or risking bank assets. When a customer submits a credit application or promissory note, the bank converts it into a check and returns it to the customer, leveraging its monopoly on negotiable instruments. The customer, as the depositor and creditor, creates the currency and funds the line of credit. The bank conceals this through a loan approval process, creating the appearance of a loan.Handling CreditorsTo address a creditor before the account is assigned to a debt collector, send a notice of final payment, expecting the creditor to accept it as payment in full by not disputing it in writing. If the creditor accepts the payment without objection, it cannot maintain a claim against the account holder. If the creditor calls about late payments, record the caller’s name, company, mailing address, phone and fax numbers, date, and time, then request written communication only and disconnect the call. Follow up with written correspondence reiterating this request. Persistent calls can be reported to the state attorney general’s office.Handling Debt CollectorsWhen an account is assigned to a third-party debt collector, the FDCPA regulates their efforts. The assignee lacks a contract with the debtor unless the debtor consents through acquiescence. Request validation of the debt, requiring evidence of a written agreement, consent, or consideration (e.g., payment). If the collector cannot provide this, they fail to validate. Most collectors cease pursuit upon receiving this request. If they persist, a complaint to the Federal Trade Commission (FTC) may be filed, and listing the FTC’s address in a second notice often yields results.The Commerce Game and HJR-192On April 5, 1933, President Franklin D. Roosevelt issued Executive Order 6102, requiring all persons to deliver gold coin, bullion, and certificates to a Federal Reserve Bank by May 1, 1933, under penalty of a $10,000 fine, 10 years imprisonment, or both. Postmasters displayed this order, citing Section 9 for penalties. A 1997 U.S. Department of Justice response to a FOIA request clarified that executive orders typically direct federal officers, not private persons, unless Congress expressly authorizes such action. No such authorization existed for Roosevelt’s order.On June 5, 1933, Congress passed House Joint Resolution (HJR) 192, suspending the gold standard and abrogating the gold clause. HJR-192 declared that obligations requiring payment in gold or specific currency are against public policy, and all obligations can be discharged dollar-for-dollar in legal tender, including Federal Reserve notes. This replaced public law with public policy, eliminating the ability to pay debts and allowing only their discharge. Using commercial paper (e.g., checks, drafts, Federal Reserve notes) passes unpaid debt to others, making all debt public under public policy.The U.S. government pledged citizens’ property, labor, life, and bodies as collateral for this debt, creating a commercial bond without consent. Certified copies of birth certificates are registered as securities in the U.S. Department of Commerce, each valued at approximately $1,000,000, circulated globally as collateral for loans and ledger entries without authorization.The Strawman and UCCThe United States is a District of Columbia corporation (Corpus Juris Secundum, Vol. 20, § 1785; NY re: Merriam, 36 N.E. 505). As a fictional entity, it requires a liaison to connect with living people. This liaison is the strawman, a fictional entity created using the birth certificate as a manufacturer’s certificate of origin, with the state of birth as the port of entry. The strawman, defined as a “stramineus homo” or nominal party (Black’s Law Dictionary, 6th Ed., p. 1421), acts as a front for transactions (Webster’s Ninth New Collegiate Dictionary). Names in all caps or altered formats (e.g., SMITH, JOHN) identify the strawman, not the living person, who is correctly named (e.g., John Adam Smith).Since June 5, 1933, all transactions operate in commerce under HJR-192, governed by contract law. The strawman, created by the government, is subject to its codes, statutes, and regulations, while the living person is not. By engaging in government processes, the living person becomes surety for the strawman’s debts, reversing reality and fiction.To separate from the strawman, file a UCC-1 Financing Statement with the Secretary of the Treasury, including a Charge-Back Instruction Notice and birth certificate, to become the holder in due course of the strawman. This activates a private exemption account under 26 U.S.C. § 163(h)(3)(B)(ii), valued at $1,000,000, used for ledger entries in commerce. Controlling the strawman prevents government access to this account and removes their liaison to the living person.Handling Government ClaimsGovernment presentments (e.g., traffic citations, criminal charges) are negative commercial claims against the strawman’s account, moving digits between ledgers. To address these, accept the presentment for value, removing controversy, and become the holder in due course. Request the presenter’s sworn testimony under penalty of perjury and the original order authorizing the claim. If no order exists, request adjustment of the account to remove the charge. If unadjusted, request the Fiduciary Tax Estimate and Fiduciary Tax Return for the claim. If unavailable, request individual tax estimates and returns to identify delinquency. Without favorable responses, file a currency report on the claimed amount, initiating a commercial process to compel compliance or seize the presenter’s assets, as contracts override all other legal documents.Sample Private Administrative Process ResponseJohn 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
To:
Jack Boot, individually and dba Collection Manager, and
Credit Company
[Address]
[City, State, ZIP]
Hereinafter “Respondent”
Re: Alleged Account #[Account Number] (hereinafter “Loan”)This notice informs Respondent that the alleged account was disputed and settled privately. Pursuant to state and federal law, Respondent must cease all contact with the Secured Party unless in writing, signed by a living person, within 10 days of February 9, 2009, and provide original, verified documents proving:
  1. The Secured Party granted permission to trespass on a private matter.
  2. The matter was not settled privately.
  3. Bookkeeping entries show a loan from the Lender’s assets, proving risk in the transaction.
  4. The Lender possesses original signatures for all transactions, including the loan agreement.
  5. Respondent’s statements are based on personal knowledge of the Loan’s status.
  6. The Lender or Respondent has a registered claim against JOHN HENRY DOE©.
  7. The Lender and Respondent complied with the FDCPA in all credit reporting.
  8. All contacts with JOHN HENRY DOE© comply with the FDCPA.
  9. Attempting to collect without proof of claim complies with state statutes.
Failure to provide verified documentation within 10 days constitutes agreement that no evidence exists and agreement to cease collection activity. Failure to verify each claim point-by-point results in Respondent’s agreement to:
  1. Pay $1,000 per non-affidavit communication to JOHN HENRY DOE©.
  2. Pay three times the value of any impaired property use.
  3. Pay $5,000 per transaction impeded by adverse credit reporting.
  4. Pay the unsubstantiated claim amount plus triple damages.
  5. Pay $1,000 per court appearance by JOHN HENRY DOE© or the Secured Party.
  6. Authorize the Secured Party to file a UCC-1 on Respondent and Jack Boot as debtors.
  7. Prove their claim in an involuntary bankruptcy proceeding.
This matter is settled. This is a private communication for out-of-court settlement.Sincerely,
John Henry Doe
All rights reserved