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DISCOVER HOW YOU CAN
ELIMINATE DEBT LEGALLY
AND OWN YOUR OWN LIFE 'FREE & CLEAR'
DISCOVER HOW YOU CAN
ELIMINATE DEBT LEGALLY
AND OWN YOUR HOME 'FREE & CLEAR'
PURPOSE:
To find out what group you are in
·
Provides a brief summary on the
differences in bodies of law by definition
·
More definitions regarding
titles, property and possession
·
Gives an overall view on how to
get back control of your universe
·
Explains how to make the UCC-1
contract and how to properly file it
·
Explains how to establish own
private treaty with the world
FINAL PRODUCT: The ability to control
one’s body and one’s property
Hierarchy of Law
The first order of law is
Natural Law. These are Universal Principles which so
necessarily agrees with nature and state of man, that without observing
their inherent maxims, the peace and happiness of society can never be
preserved. Knowledge of natural laws may be attained merely by the
light of reason, from the facts of their essential agreeableness with the
constitution of human nature. Natural Law exists regardless of whether
it is enacted as positive law.
When law began to emerge
into human conscience, thought, word and deed we come to the next order of
law on this planet. The most fundamental law of all human law has to
do with survival which is a Universal Principal. It has to do with
human interactions, of any kind, any relationships, buying, selling or
trading or relating in any way. It is based upon treating or dealing
with others the way that you would like to be treated or dealt with. This is
the
Law of Commerce. The Law of Commerce has been in operation since man
interacted with each other starting many thousands of years ago through the
Sumerian/Babylonian era where it was codified and enforced. Ancient
artifacts dating over 6,000 old reveal that the system was so complex it
even included receipts, coined money, shopping lists, manifestos and a
postal system with the medium being in baked clay.
As a derivative of
Commercial law, being removed from natural law, and therefore inferior, is
Common Law (common [L co together + munis service, gift,
exchange] to exchange together). This emerged, basically, in England
out of disputes over a portion of the earth in allodium (sovereign ownership
of land) and was based on “common” sense. So, common law is the law of
the earth. Common law gave rise to the jury system and many writs and
processes which governments have absorbed, statutized and made into rules
and regulation processes in courts.
Common Law procedures
were based on the opportunity “to face your accuser or the injured party” in
front of witnesses to sort out the problem directly. This process was
never intended to include “lawyers, attorneys or judges construing their own
law”, as these “titles” are all based upon the fiction of “representation”
which can never “be the real thing”.
After common law come
governments, and their laws and legislative regulations, ad infinitum of the
organic republics of the states. The only “laws” that the state can create
is to “allow commerce to flow more efficiently WITHIN the state”. The only
“law” the central government, united States of America, could create was to
“allow commerce to flow more efficiently BETWEEN the states. ” It was
never intended to regulate people – the sovereigns.
Below that, the "garbage
froth," more or less, is politics and the private copyrighted company policy
of foreign corporations such as UNITED STATES, THE STATE OF…, THE COUNTY
OF…, THE CITY OF…, etc. The purpose of these “municipalities” [L
munus service, gift, exchange + capere to take; to take
service and exchange] is to “govern” fictitious entities such as JOHN DOE
and K-MART – not to regulate people. Remember back when you thought that YOU
were JOHN DOE because that is how it is written on your drivers license?
One of our problems is
that when we engage with government, municipalities and other such elements,
in all our dealings in the law when have been conditioned to interact on and
in THEIR level. We have never risen to the level where the base of law
is, where the reality, the power, the solidity and the pre-eminence exists
- THE SOVEREIGN'S LEVEL.
But now, we can function
at this powerful level. This is Checkmate. This is the end of the
game. THIS IS THE REMEDY.
Commerce
The principles, maxims and precepts of
Commerce Law are eternal, unchanging and unchangeable. They are expressed in
the Bible, both the Old Testament and the New. We learned in the
second course how the law of commerce has plagued us for more than 6000
years. This law of commerce, unchanged for thousands of years, forms the
underlying foundation for all law on this planet and for governments around
the world. It is the law of Nations and everything that human civilization
is built upon. This is why it is so powerful. When you operate
at this level, by these precepts, nothing that is of inferior statute can
overturn or change it or abrogate it or meddle with it. It remains the
fundamental source of authority and power and functional reality.
The Affidavit
Commerce in everyday life
is the vehicle or glue that holds, or binds, the corporate body politic
together. More specifically, commerce consists of a mode of
interacting, doing business, or resolving disputes whereby all matters are
executed under oath, certified on each patty's commercial liability by sworn
affidavit, or what is intended to possess the same effect, as true, correct,
and complete, not misleading, the truth, the whole truth and nothing but the
truth.
This affidavit is usually
required for an application for a driver's license, and IRS form 1040, a
voters registration, a direct Treasury Account, a Notary's "Copy
Certification" or certifying a document, and on nearly every single document
that the system desires others to be bound or obligated. Such means of
signing is an oath, or Commercial Affidavit, executed under penalty of
perjury, "true. Correct, and complete". Whereas in a court setting
testimony (oral) is stated in judicial terms by being sworn to be "the
truth, the whole truth, and nothing but the truth, so help me God."
In addition to asserting all matters under
solemn oath of personal, commercial, financial, and legal liability for the
validity of each and every statement, the participant must provide material
evidence, i.e. ledgering, or bookkeeping, providing the truth, validity,
relevance, and verifiability of each and every particular assertion to
sustain credibility. Commerce is antecedent to and more fundamental to
society that courts or legal systems, and exists and functions without
respect to courts or legal systems. Commercial Law, the non-statutory
variety as presented below in maxims 1 through 10, is the economic extension
of Natural Law into man's social world and is universal in nature. The
foundational, invariant, necessary, and sufficient principles or "Maxims of
Commerce" pertaining herein are:
Maxims of Law
There are ten essential maxims or precepts in commercial law.
1.
WORKMAN IS WORTHY OF HIS
HIRE. The first of these is
expressed in Exodus 20:15; Lev. 19:13; Matt. 10:10; Luke 10"7; II Tim. 2:6.
Legal maxim: "It is against equity for freemen not to have the free disposal
of their own property."
2.
ALL ARE EQUAL UNDER THE LAW. "Equality before the law" (God's
Law - Moral and Natural Law). Exodus 21:23-25; Lev. 24: 17-21; Deut. 1;17,
19:21; Matt. 22:36-40; Luke 10:17; Col. 3:25. "No one is above the
law". This is founded on both Natural and Moral law and is binding on
everyone. For someone to say , or act as though, he is "above the law" is
insane. This is the major insanity in the world today. Man continues to
live, act, believe, and form systems, organizations, governments, laws and
processes which presume to be able to supercede or abrogate Natural or Moral
Law. But, under commercial law, Natural and Moral Law are binding on
everyone, and no one can escape it. Commerce, by the law of nations, ought
to be common, and not to be converted into a monopoly and the private gain
of the few.
3.
IN COMMERCE TRUTH IS SOVEREIGN This one is one of the
most comforting maxims one could have, your foundation for your
peace-of-mind and your security and your capacity to win and triumph -- to
get your remedy -- in this business. (Exodus 20:16; Ps. 117:2;
John 8:32; II Cor. 13:8 ).Truth is sovereign -- and the Sovereign tells only
the truth.
Your word is your bond. If truth were not sovereign in commerce,
i.e., all human action and inter-relations, there would be no basis for
anything. No basis for law and order, no basis no accountability,
there would be no standards, no capacity to resolve anything. It would
mean "anything goes", "each man for himself", and "nothing matters".
That's worse than the law of the jungle. Commerce. "To lie is to go
against the mind". Oriental proverb: "Of all that is good, sublimity
is supreme."
4.
TRUTH IS EXPRESSED IN THE
FORM OF AN AFFIDAVIT.
(Lev. 5:4-5; Lev. 6:3-5; Lev. 19:11-13: Num. 30:2; Matt. 5:33; James 5: 12).
An affidavit is your solemn expression of your truth. In commerce, an
affidavit must be accompanied and must underlay and form the foundation for
any commercial transaction whatsoever. There can be no valid commercial
transaction without someone putting their neck on the line and stating,
"this is true, correct, complete and not meant to mislead." An affidavit is
a two edged sword; it cuts both ways. Someone has to take responsibility for
saying that it is a real situation. It can be called a true bill, as they
say in the Grand Jury. When you issue an affidavit in commerce you get the
power of an affidavit. You also incur the liability, because this has to be
a situation where other people might be adversely affected by it. Things
change by your affidavit, which are going to affect people's lives. If
what you say in your affidavit is, in fact, not true, then those who are
adversely affected can come back at you with justifiable recourse because
you lied. You have told a lie as if it were the truth. People depend on your
affidavit and then they have lost because you lied.
5.
AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE.
(12 Pet. 1:25; Heb. 6:13-15;) Claims made in your affidavit, if not
rebutted, emerge as the truth of the matter. Legal Maxim: "He who does deny,
admits."
6.
AN UNREBUTTED AFFIDAVIT
BECOMES THE JUDGMENT IN COMMERCE.
(Heb. 6:16-17;). There is nothing left to resolve. Any proceeding in a
court, tribunal, or arbitration forum consists of a contest, or duel, of
commercial affidavits wherein the points remaining unrebutted in the end
stand as truth and matters to which the judgment of the law is applied.
7.
IN COMMERCE FOR ANY MATTER TO
BE RESOLVED MUST BE EXPRESSED.
(Heb. 4:16; Phil. 4:6; Eph. 6:19-21). No one is a mind reader. You
have to put your position out there, you have to state what the issue is, to
have someone to talk about and resolve. Legal Maxim: "He who
fails to assert his rights has none.
8.
HE WHO LEAVES THE BATTLEFIELD FIRST LOSES BY DEFAULT. The
primary users of commercial law and those who best understand and
codified it in Western Civilization are the Jews. This is Mosaic Law
they have had for more than 3500 years and is based upon Babylonian
commerce. (Book of Job; Matt. 10:22; This means that an affidavit which is
unrebutted point for point stands as "truth in commerce" because it hasn't
been rebutted and has left the battlefield. Governments allegedly
exist to resolve disputes, conflicts and truth. Governments allegedly
exist to be substitutes for the dueling field and the battlefield for such
disputes, conflicts of affidavits of truth are resolved peaceably,
reasonably instead of by violence. So people can take their disputes
into court and have them all opened up and resolved, instead of going out
and marching ten paces and turning to kill or injure. Legal Maxim: "He who
does not repel a wrong when he can, occasions it".
9.
SACRIFICE IS THE MEASURE OF CREDIBILITY
(NO WILLINGNESS TO SACRIFICE
= NO LIABILITY, RESPONSIBILITY, AUTHORITY OR MEASURE OF CONVICTION).
Nothing ventured nothing gained. A
person must put himself on the line assume a position, take a stand, as
regards the matter at hand. and One cannot realize the potential gain
without also exposing himself to the potential of loss. (One who is
not damaged, put at risk, or willing to swear an oath on his
commercial liability to claim authority) (Acts 7, life/death of Stephen).
for the truth of his statements and legitimacy of his actions has no basis
to assert claims or charges and forfeits all credibility and right
Legal Maxim: "He who bears the burden ought also to derive the
benefit".
10. A
LIEN OR CLAIM CAN BE SATISFIED
ONLY THROUGH REBUTTAL BY
AFFIDAVIT POINT BY POINT, RESOLUTION BY JURY OR PAYMENT.
In commerce a lien or claim can be satisfied
in any one of three ways. (Gen. 2-3; Matt. 4; Revelation.).
(A)
By someone rebutting your affidavit, with another affidavit of his
own, point by point, until the matter is resolved as to whose is correct, in
case of non-resolution.
(B)
You convene a Sheriff's common law jury, based on the Seventh
Amendment, concerning a dispute involving a claim of more than $20. Or, you
can use three disinterested parties to make judgment.
(C)
The only other way to satisfy a lien is to pay it.
Legal Maxim: "if the plaintiff does not
prove his case, the defendant is absolved".
Commercial Law is non-judicial. This is pre-judicial (not
prejudice). This is timeless. This is the base, the foundation
beneath which any government or any of their court systems can possibly
exist or function.
That means what the courts are doing, and what all governments are
ultimately adjudicating and making rules about, are these basic rules of
Commercial Law. When you go into court and place your hand on
the Bible you say, "I swear the truth, the whole truth, and nothing but the
truth . . ." you have just sworn a Commercial Affidavit.
It's the conflict between Commercial Affidavits of Truth that gives the
court something to talk about, that forms the entire basis of its
action, and its being there , in their venue. Hence, one
of the reasons attorneys always create controversy.
No court and no judge can overturn or disregard or abrogate somebody's
Affidavit of Truth. The only one who has any capacity or right or
responsibility or knowledge to rebut your Affidavit of Truth is the one who
is adversely affected by it. It's his job, his right, his
responsibility to speak for himself, to issue his own affidavit because no
one can speak it for him. No one else can know what your truth is or
has the free-will responsibility to state it. This is YOUR job.
Commercial Law
This phrase designates the whole body of substantive jurisprudence, i.e. the
Uniform Commercial Code, the Truth in Lending Act, applicable to the rights,
intercourse, of persons engaged in commerce, trade or mercantile pursuits.
Blacks 6th.
Commercial Law is is intended to maintain the commercial harmony, integrity,
and continuity of society. Its purpose is also stated thus: "to
maintain the peace and dignity of the State." Over the
millennia these principles have been discovered through experience and
distilled and codified into those ten fundamental Maximums listed above.
There is no legal issue or dispute possible which is not a function of one
or more of these principles. The entirety of world commerce now
functions in accordance with the Uniform Commercial Code (UCC), the UNITED
STATES’ corporation version of Commercial Law.
How To Calculate Your Damages and Collect,
Now, here is another aspect of your affidavits. In commerce there is
the Assessment aspect, which is who owes whom, and what, why, how and for
what reasons; and there is the Collection aspect.
The collection aspect is based in international commerce that has existed
for more than 6000 years. Again, this is based on Jewish Law and the
Jewish grace period, which is in units of three; three days, three weeks,
three months. This is why you get 90day letters from the IRS.
Commercial processes are non-judicial. They are summary processes
(short, concise-without a jury).
The IRS creates the most activity of Commercial Collection in the entire
world. The collection process is relatively valid, although the IRS is
not registered to do business in any state. Did you understand what you just
read? The IRS is NOT REGISTERED
TO DO BUSINESS OR PERFORM COMMERCIAL MATTERS IN ANY STATE. So how do
they get all the money they get? ANSWER: because you give it to them without
requesting a proof of claim from them or even if they were “licensed” to
give you offers based on “arbitrary” estimations.
However, this is where things get very interesting. The other phase
of matters is the assessment phase: THERE IS NO VALID ASSESSMENT.
The IRS has, and never can, and never will, and never could, EVER issue a
valid assessment lien or levy. It's not possible.
First of all, in order for them to do that there would have to be paperwork,
a True Bill in Commerce. There would have to be sworn Affidavits by
someone that this is a true, correct and complete and not meant to deceive,
which, in commerce is, essentially "the truth, the whole truth and nothing
but the truth" when you get into court. Now, nobody in the IRS is
going to take commercial liability for exposing themselves to a lie, and
have a chance for people to come back at them with a True Bill in Commerce,
a true accounting. This
means they would have to set forth the contract, the foundational instrument
with your signature on it, in which you are in default, and a list of all
the wonderful goods and services that they have done for you which you owe
them for; or a statement of all the damages that you have caused them, for
which you owe them.
To my knowledge, no one has ever received goods or service from the IRS for
which they owe money. I personally don't know of anyone who has
damaged anybody in the IRS that gives them the right to come after us and
say that "you owe us money because you damaged me". The assessment phase in
the IRS is non-existent, it is a complete fraud. Wait a minute, there is one
definition of “service” that actually applies to the IRS;
Service.
The act of bringing a female animal
to a male animal to get *&%$#@ so that the owner of the animals may “enjoy
the product of this union.”
Gives you a warm fuzzy feeling inside doesn’t it?
This is why these rules of Commercial Law come to our rescue. T. S.
Eliot wrote a wonderful little phrase in one of his poems: "We shall not
cease from exploration, and the result of all our exploring will be to
arrive at the place at which we began and know it for the first time."
This is the beginning, and this is the end. This closes the circle on
the process.
One reason why the super rich bankers and the super rich people in the world
have been able to literally steal the world and subjugate it, and plunder
it, and bankrupt it and make chattel property out of most of us is because
they know and use the rules of Commercial Law and we don't.
Because we don't know the rules, nor use them, we don't know what the game
is. We don't know what to do. We don't know how to invoke our
rights, remedies and recourses. We get lost in doing everything under
the sun except the one and only thing that is the solution.
No one is going to explain to you what and how all this is happening to you.
That is never going to happen. These powers-that-be have not divulged
the rules of the game. They can and do get away with complete fraud
and steal everything because no one knows what to do about it.
SOLUTION:
Well, what CAN you do about it? YOU NEED TO ISSUE A COMMERCIAL
AFFIDAVIT. You don't have to title it that, but that's what it is.
You can assert in your affidavit, "I have never been presented with any
sworn affidavits that would provide validity to your assessment. It is
my best and considered judgment that no such paperwork or affidavit exists."
At the end of this document, you put demands on them. They must be
implicit and then you state, "Should you consider my position in error
. . ."
You know what they have to do now, don't you? They must come back with
an affidavit which rebuts your affidavit point for point, which means they
have to provide the paper work with the real assessment, the true bill in
commerce, the real sworn affidavits that would make their assessment or
claims against you valid.
No agent or attorney of a fictitious entity can sign an affidavit for the
corporation. How can they swear as fact that the corporation has done or not
done ANYTHING? They do not have the standing. They cannot and never
will provide you with this. This means your affidavit stands as truth
in commerce.
You can even make it more interesting if you like. You go to all their
laws like Title 18 and you tabulate the whole list of crimes they have
committed against you in lying to you, foreclosing and selling your home and
issuing liens and levies. This could be quite an impressive list.
If you tabulate the dollar amounts of the fines involved in these offenses,
you could take just Title 18 section 241 alone which is a $10,000.00 fine on
any public official for each offense. That means for every single
violation of the Constitution, or commercial law, there could be 35 or 40 of
these just in Title 18. You're looking at $300 to $400 thousand.
When they start adding up, they become very impressive.
Now you attach this accounting, the criminal accounting to your affidavit
and you file it as a criminal complaint with the State Attorney. This
is like putting the fox in charge of guarding the hen house. However,
more about this will be outlined later in this course.
For now, just attach your affidavit and your criminal complaint to a
commercial lien. But wait! There is even a more effective way of getting you
equity back – Involuntary Bankruptcy! These procedures will be detailed in
Course 5.
The reason you go through this criminal complaint is because by their own
laws and value system and penalties, they have hung themselves. They
have already discerned and formulated the dollar amount involved in each of
the various offenses. When you lien them for those amounts, they can't
come back and say: "Well, these are out of nowhere. They're
unreasonable. Where did you get this?" Right out of your own
codes.
COMMERCIAL PROCESSES ARE
NON-JUDICIAL, PRE-JUDICIAL, AND ARE MORE POWERFUL THAN JUDICIAL PROCESSES.
Now, you take your commercial lien to the Secretary of State to file as a
UCC-1 Financing statement. Then as soon as you've finished filing the
original criminal complaint with the Prosecuting attorney you file this lien
against every agent individually. (The criminal complaint is
optional). They can't hide behind the skirts of the corporate state,
this fictional entity created by man to be able to engage in perfidious
actions which you would not otherwise be able by virtue of Natural and Moral
Law. It just doesn't work.
Now, you can use this same collection process against them just as the IRS
uses against you.
You will discover that all the attorneys, judges and the people who come
against you think this is a lot of gobble-di-gook, hogwash and silly.
But they soon learn that your affidavit of truth is valid and enforceable
against them. And they find that things become more and more uncomfortable
with each passing day. Judges even think all this doesn't matter
because they can get another judge to remove all your paperwork against
them. Other agents of the government think they can hide behind the
sovereign immunity of the Government, behind all the power and prestige, all
their attorneys and all their capacity to get the courts to do whatever the
wish is going to save them. None of these have any effect on your
process.
It has no effect because there is only one way that they can be saved and
that is to come in with their own affidavit that rebuts your affidavit point
by point and prove you wrong. If they did get this into court or jury
that's not going to do them any good because the same battle still exists.
All this means is that the conflict between affidavits are now fought out in
the open. And that is embarrassing to them because they are not going
to change anything. All this will simply do them more harm.
The third way to settle your claim is for them to pay it. If they
don't satisfy your claim you give them a grace period, at the end of 90 days
you transform the Secretary of State into your Accounts Receivable Office.
Legal Title of all their real and personal property has now passed to you.
You now file the correct paperwork with the Secretary of State, and you
serve this on the Sheriff and say, "I want to take possession of my
property." Things begin to get interesting.
If you send a criminal complaint on a public official to the Insurance
Commissioner of the State, it becomes instantly and automatically a lien
against the bond of the official, the judge or district attorney and he's
dead in the water He cannot function without bonding. This is
held in suspension until the issue is resolved.
Now, simply by going back to what we've wanted all along, which is truth,
rightness and a remedy and finding the rules that pertain to it, all of a
sudden we find that we have a way to have more power than they do, since we
are sovereign.
No one, not a judge, jury or anyone else can
overturn this or change this process.
To do so would be to dissolve the world
immediately into chaos. This would be the end of all law, all order,
all standards, for all civilization.
It is not possible. They are stuck. This forms
the underpinnings of philosophy, in tangible practices, of the way to put
power on your side and against those agents of government who violate your
being, injure you all in violation of their oath of office.
That is how, through their own process, we can
use the rules of the game in OUR favor instead of remaining in ignorance and
being taken forever as slaves. This applies to everything, not just the
government. This forms a valid foundation for your life and it forms a
basis for any kind of dealings with government. What most people don't
even consider is that governments don't have and can't have anything to
support an affidavit of truth that supports their actions.
Governments invent all the regulations and statutes to impose on you,
affecting your life and commercial/economic standing. And no one is
taking any liability, responsibility nor accountability. They may have
some kind of bonding. But in most states this bonding is only for
about $5-10 million for the entire state and all its employees. However, you
can tabulate a simple traffic ticket into more than $5 million if you so
choose.
Uniform
Commercial Code
The National Conference of Commissioners on Uniform State Laws together with
the American Law Institute drafted Nation-wide Uniform Laws and each state
has now adopted these laws. These laws govern commercial transactions,
including sales and leasing goods, transfer of funds, commercial paper, bank
deposits and collections, letters of credit, bulk transfers, warehouse
receipts, bills of lading, investment securities, and secured transactions.
The UCC has been adopted in whole or substantially by all states.
Blacks 6th
The UCC is a code of laws governing various commercial transactions -- sale
of goods, banking transactions, secured transactions in personal property,
and other matters, that was designed to bring uniformity in these areas to
the laws of the various states, and that has been adopted, with some
modifications, in all states, including the District of Columbia and the
Virgin Islands. Barron's 3rd. Unless displaced by the
particular provisions of this code, the principles of law and equity,
including the law merchant and the law relative to capacity to contract,
principal and agent, estoppels, fraud, misrepresentation, duress, coercion,
mistake, bankruptcy, or other validating or invalidating cause shall
supplement its provisions. UCC 1-103.
To paraphrase the third definition above, the UCC is the supreme law on
the planet, and all other forms of law are encompassed by it and
included in it (except you as a sovereign, of course). Pennsylvania
was the first state to adopt the UCC (July 1954), and Louisiana the last
(January 1, 1975).
The following is a quote from the BANK OFFICERS HANDBOOK OF COMMERCIAL
BANKING LAW WITHIN THE UNITED STATES, sixth edition, paragraph 22.01(1)
and pertains to certain types of transactions:
"There are twelve transactions to which the UCC does not apply. They
are as follows:
"1. Security interests governed by federal statutes . . .
"2. Landlord liens . . .
"3. Liens for services or material provided . . .
"4. Assignment for claims fore wages . . .
"5. Transfers by government agencies . . .
"6. Certain isolated sales of accounts or chattel paper .
. .
"7. Insurance Policies . . .
"8. Judgments . . .
"9. Rights of setoff . . . (see setoff)
"10. Real Estate interests . . .
"11. Tort Claims . . .
"12 Bank accounts . . ."
UCC-104 states : "Construction against implicit repeal. This
code being a general act intended as a unified coverage of its subject
matter, no part of it shall be deemed to be impliedly repealed by subsequent
legislation in such construction be reasonably avoided".
Nothing in the UCC has ever been repealed, nor can it ever be. In the
event of conflict between a deleted section and a current section, the
deleted section controls. If this is examined one will see that it
cannot be the other way. Potentially countless commercial transactions
can be consummated based on the current UCC at any time. To "cancel"
any portion of the UCC at a later point is to throw into upheaval and chaos
all commercial agreements that were based on the deleted portion, an act
that would carry unimaginably astronomical liability to the many actors who
attempted to effect such change.
Now, we must define the United States. This was covered in course
number 2. But for purposes in this particular area, we must define it
for a better understanding applied to this procedure.
Commercial Lien
A commercial lien is a non-judicial claim or charge against property of a
Lien Debtor for payment of a debt or discharge of a duty or obligation.
A lien has the effect of permanently seizing property in three months,
ninety days, upon failure of the lien debtor to rebut the Affidavit of Claim
of Lien. The commercial grace of a lien is provided by the three-month
delay of the execution process, allowing resolution either verbally, in
writing, or by jury trial within the 90 day grace period. A Distress
(to be defined in Blacks 6th) bonded by an affidavit of
information becomes a finalized matured commercial lien and accounts
receivable ninety days from the date of filing. The Lien Right of a
Lien must be expressed in the form of an Affidavit sworn true, correct and
complete, with positive identification of the Affiant. The swearing is
based on one's own commercial liability.
A commercial lien differs from a true bill in commerce only in that
ordinarily a true bill in commerce is private, whereas a lien is the same
bill publicly declared, usually filed in the office of the County Recorder,
and, like all such declarations, when uncontested by categorical
point-for-point rebuttal of the affidavit, is a Security (15 USC) and an
accounts-receivable.
A commercial lien differs from a non-commercial lien in that it contains a
declaration of a one-to-one correspondence between an item or service
purchased or offenses committed, and a debt owed. A commercial lien
does not require a court process for its establishment. However, a
commercial lien can be challenged via the Seventh Amendment jury trial, but
may not be removed by anyone except the Lien Claimant or a jury trial,
properly constituted, convened, and concluded by due process of law.
It cannot be removed by summary process, i.e. a judges discretion. A
commercial lien (or distress) can exist in ordinary commerce without
dependence on a judicial process, and is therefore not a common law
instrument unless challenged in a court of common law, whereupon it converts
to a common law lien. A commercial lien must always contain an
Affidavit in support of Claim of Lien and cannot be removed without a
complete rebuttal of the Liens Claimant affidavit point-by-point, in order
to overthrow the one-to-one correspondence of the commercial lien.
Also, no common law process can remove a commercial lien unless that common
law process guarantees and results in a complete rebuttal of the lien
claimants Affidavit categorically and point-for-point in order to overthrow
the one-to-one correspondence of the commercial lien.
What is a True Bill in Commerce?
This is a ledgering or bookkeeping/accounting, with every entry established.
This is your first Affidavit, certified and sworn on the responsible
party's commercial liability as true, correct, and complete, not meant
to mislead. It must contain a one-to one correspondence between an
item or service purchased or offenses committed and the corresponding debt
owed. This commercial relationship is what is known as "Just
compensation" (5th Amendment to the Constitution), in
relationship between the Government and the American people, a true bill is
called a warrant (4th Amendment to the Constitution), and the
direct taking of property by legislative act, ( e.g. IRS and the like)
is called a "Bill of Pains and Penalties" (Constitution, Art. I,
Section 10, Clause I, and Article I, Section 9, Clause 3 -"Bill of
Attainder).
There is one other matter we must define before we start putting all these
pieces of the puzzle together into a workable tool for our benefit.
That is the Uniform Commercial Code itself.
United States - US- U.S.-USA-America
Means: (A) a federal corporation . . . Title 28 USC Section 3002(5) Chapter
176. It is clear that the United States . . . is a corporation . . .
534 FEDERAL SUPPLEMENT 724.
`It is well settled that "United States" et al is a corporation, originally
incorporated February 21, 1871 under the name "District of Columbia," 16
Stat. 419 Chapter 62. It was reorganized June 11, 1878; a bankrupt
organization per House Joint Resolution 192 on June 5, 1933, Senate Report
93-549, and Executive Orders 6072, 6102, and 6246; a de facto (define de
facto) government, originally the ten square mile tract ceded by Maryland
and Virginia and comprising Washington D. C., plus the possessions,
territories, forts, and arsenals.
The significance of this is that,
as a corporation, the United States
has no more authority to implement its laws against "We The People" than
does Mac Donald Corporations, except for one thing -- the contracts we've
signed as surety for our strawman with the United States and the Creditor
Bankers. These contracts binding us together with the United States
and the bankers are actually not with us, but with our artificial entity, or
as they term it "person", which appears to be us but spelled with ALL
CAPITAL LETTERS.
All this was done under,
VICE-ADMIRALTY COURTS.
In English Law. Courts established in the queen's possessions beyond
the seas, with jurisdiction over maritime causes, including those relating
to prize.
The United States of America is lawfully the possession of the English Crown
per original commercial joint venture agreement between the colonies and the
Crown, and the Constitution, which brought all the states (only) back
under British ownership and rule.
The American people, however, had
sovereign standing in law, independent to any connection to the states or
the Crown. This fact necessitated that the people be brought
back, one at a time, under British Rule, and the commercial process was the
method of choice in order to accomplish this task. First, through the 14th
Amendment and then through the registration of our birth certificate and
property. All courts in America are Vice-admiralty courts in the
Crowns private commerce.
ACCEPT FOR VALUE AND ACCEPTANCE
By now, you have probably heard the term accept for value. This
term, for me, gave me quite a problem in understanding when first
encountered. And, most of the people starting in this redemption
program seems to have the same problem.
When you look up the word accept in Blacks 4th Edition you
find, "To receive with approval or satisfaction; to receive with intent to
retain."
With this in mind, when you get a traffic ticket, a notice of foreclosure or
whatever, one's first instinct is "Oh, No. I'm certainly not going to
'accept' that!" Why would anyone want to accept such a thing?
Acceptance. The taking and
receiving of anything in good part, and as it were a tacit agreement to a
proceeding part, which might have been defeated or avoided if such
acceptance had not been made.
Nope, that
doesn't sound much better, now does it?
First, you may not know what the word 'tacit' means so let's look that one
up as well. In Blacks 6th it states: 1. "Existing,
inferred, or understood without being openly expressed or stated; implied by
silence or silent acquiescence, as a tacit agreement or a tacit
understanding. 2. Done or made in silence, implied or indicated, but
not actually expressed. Manifested by the refrainment from
contradiction or objection; inferred from the situation and circumstances,
in the absence of express matter."
From the above, I deduce that if I
accept the thing then there is an agreement. I agree with what they
have said in the writing, whatever it may be. But, then, if I don't
accept it, don't say anything, then there is still an agreement because I
don't refute it or contradict what they say in the writing. I know
from all my past experience that I certainly don't want to get into a court
battle with anyone. No matter how right you might think you are, what
law you think is on your side, you always seem to lose in any court.
My, my, what a predicament.
So, why would I want to accept anything for value? How could that
phrase possibly be of any help?
Well, let's look a little further, define more words, and see if we can make
any sense out of all this.
Let's go a little further when we look under Acceptance in Blacks 6th
edition. You'll go on down the page until you get to Types of
acceptance. Beneath that heading you'll see Conditional
acceptance;
Conditional acceptance. An
agreement to
pay the draft or accept the offer
on the happening of a condition.
A
'conditional acceptance' is in effect a statement that the offeree [this is
you] is willing to enter into a bargain differing in some respects from that
proposed in the original offer. The conditional acceptance is,
therefore, itself a counter offer."
OK. That sounds a little better. If I accept their offer with a
conditional acceptance, I now have a counter offer to make back to them.
Now, the ball is in their court. If they do not answer, they then
accept your offer by tacit agreement and you win. Now this
sounds much better.
But, we're not through yet. Let's look at
power of acceptance. In Blacks 6th edition it says:
Power of
acceptance. Capacity of
offeree [that's you again, the offeree] upon acceptance of terms of offer,
to create a binding contract.
So, if I
accept your offer, with conditional acceptance, then place my own terms in
which I do accept your offer, then we now have a binding contract. The
offeror (a municipality or corporation) must now come back with a rebuttal
to prove my terms and conditions in error. We will go into detail on
this in the 5th Course – Contracts, but first you need to accept
these contracts by claiming the fictitious entity the state created when you
were born.
REDEMPTION
Did you know the UNITED STATES actually
defines the fictitious entity spelled like your name with upper case letters
as a “corporation”? The definition is in 15 USCA (United States Code
Annotated) section 44;
“Corporation” shall be deemed to include any
company, trust, so-called Massachusetts trust, or association, incorporated
or unincorporated, which is
organized to carry on business for its own profit or that of its
members,….”
So if the state has created this “unincorporated corporation” then does it
have authority over it? Yes it does. And until you give them notice
otherwise, they will always have authority over it. That is what a
UCC-1 Financing Statement does, it
gives public notice that you, the secured party, have a claim against the
debtor, the unincorporated corporation. Now when you file this notice, you
take this entity “out of the state”, out of the jurisdiction of a fictitious
entity and into the private venue, your kingdom, and thus the entity becomes
“foreign” to the state and now it becomes an unincorporated foreign
corporation to the state. Sounds like an oxymoron, but then again, I am
using THEIR terminology!
Financing
Statement: A document setting out a
secured party’s security interest in goods. A document designed to
notify third parties,
generally prospective buyers or lenders, that there may be an enforceable
security interest in the property of the debtor; It is merely evidence of
the creation of a security interest, and
usually is not itself a security
agreement; The financing statement is filed by the security
holder with the Secretary of State, or similar public body, and as such
becomes public
record.
Security
Agreement: An agreement which
creates or provides for a security interest between the debtor and a secured
party. UCC-9- 105(h); An agreement granting a creditor a security interest
in personal property, which security interest is normally perfected either
by the creditor taking possession of the collateral or by filing financing
statements in the proper public records.
Security
interest: Interest in property
obtained pursuant to security agreement; A form of interest in property
which provides that the property may be sold on default in order to satisfy
the obligation for which the security interest is given; Often “lien” is
used as a synonym, although lien most commonly refers only to interests
providing security that are created by operation of law, not through
agreement of the debtor and creditor.
A security agreement must exist to file a UCC-1Financing Statement, but does
this mean it must be in writing and attached to the UCC-1? Possibly, but
what if it is a verbal agreement? Since your strawman corporation cannot
speak how can it write or sign its name? You can create one and attach it,
but you probably don’t need it. In fact, one can still do all of the
administrative procedures without filing a UCC-1, because you are the
secured party and creditor whether you file or not. Filing the UCC-1 is
actually more for your benefit than for anyone else because it makes this
esoteric, intangible subject more real to you and gives you
confidence, and that gain alone is worth every bit of the effort expended.
Some of the states give you a hard time when filing the financing statement
as they claim you are “contracting with yourself”. To prevent this, you
create a separation between you and your strawman corporation so that “they”
can tell the difference (as if they didn’t know!). One of the things
you can do is to apply for a tradename for your corporation. Once this is
filed, you will start receiving promotions in the mail advertising credit
card machines that you can use in your “new business”. You will not need
them, but it indicates that the “corporate system” now recognizes your
strawman as a “fictitious entity doing business for profit” – a
corporation.
Drill:
File your tradename and UCC-1
Financing Statement
1.
Go to the website for your state and pull off an Application for
Trade Name and a UCC-1 Financing Statement form. You should be able to go to
your Secretary of States site, such as SOSAZ would be for Arizona, or just
call for the website.
2.
Fill out the Application for Trade Name and send it into the SOS
(Secretary of State) of your state along with the application fee. Mark
"person" for the section of what kind of business it is. They get confused
if you mark anything else.
3.
When you get the Trade Name certificate back, make a copy as an
attachment for the UCC-1 Financing Statement that you will be doing next.
4.
Fill out the UCC-1 Financing Statement according to the example below
and attach your Trade Name certificate to it as well as a copy of your birth
certificate. A Security Agreement is not necessary as this is a private
agreement between you and your corporation commonly referred to as a
strawman. You must put the HOSPITAL where you were born as the address for
the DEBTOR as this is where the corporation was created by the state. It is
important to list all of the contracts that you have signed for your
strawman such as the Drivers License, Social Security Number, Marriage
license, Passport, etc.
5.
Also reserve a number that will become your TREASURY POSTED
REGISTERED ACCOUNT. This account will be set up at the US Department of
Treasury with the private man entitled US Secretary of Treasury. It is
important you refer to this man by his name such as “John Snow”, as you
cannot deal with a fiction while in the private venue. The number will
consist of the registered number that is printed on the red registered mail
sticker you get from the Post Office, plus your social security number
without dashes. Example is RR26511985-111223333.
6.
File your UCC-1 with the Secretary of State with the applicable fees.
Commercial Security Agreement
This
non-negotiable and non-transferable Security Agreement is made and entered
this day of ______________ , 2001 by and between
JOHN HENRY DOE , hereinafter
"Debtor", Organization Number 570-50-8194 John Henry Doe
, hereinafter "Secured Party", Creditor Identification Number
544327911. The Parties, hereinafter "Parties", are identified as
follows:
DEBTOR:
JOHN HENRY DOE, a Legal
Entity
SAINT MARY’S
HOSPITAL
TUCSON, ARIZONA
85746
Organization Number: 570-50-8194
Secured Party:
John Henry Doe, a man
Mailing Location: c/o 4741
W, Camino Tierra
Tucson, Arizona
85746
Creditor Identification Number: 544327911
AGREEMENT
NOW,
THEREFORE, the Parties agree as follows:
Debtor
hereby grants Secured Party, who deems herself insecure, a security interest
in the Collateral described generally herein or specifically on attached
Schedule A, hereinafter referred to as “Collateral”, to secure all Debtor’s
property, as well as all income from every source, and all direct and
indirect, absolute or contingent, due or to become due, now existing or
hereafter arising, presumed or actual, parole or expressed public
indebtedness and liabilities held by Debtor, to Secured Party in
consideration for Secured Party providing certain things and accommodations
for Debtor, including but not limited to:
1.
the Secured Party signing by accommodation, without immediate
consideration, for the Debtor when necessary where the signature of the
Debtor will be required, while retaining the right to make sufficient
claims to secured such indebtedness until satisfied in whole;
2.
the Secured Party issuing a binding commitment to extend credit or to
extend immediately available credit, whether or not drawn upon and
whether or not reimbursed in the event of difficulties in collection; and
3.
the Secured Party providing the security for payment of all sums due
or owing, or to become due or owing, by the Debtor on every public contract
entered by the Debtor.
Debtor
declares it is a legal entity recognized as such, and has rights and
privileges recognized under the laws of the United States, as has been the
case since its creation in 1966. All legal means to protect the
security interest being established by this Agreement, will be used by the
Debtor when necessary; and all support needed by the Secured Party to
protect his security interest in the collateral identified herein, will be
provided by the Debtor.
Execution of
this Security Agreement incorporates a promise that the Debtor will execute
such commercial forms, including but not limited to such Financing
Statements as may be necessary, to assure the Secured Party’s interest is
perfected. The security interest established by this Agreement will
continue until the Secured Party is relieved of all liability associated
with said services provided to the Debtor, and until all owing and due
consideration to the Secured Party has been delivered, regardless of whether
the Collateral identified in this Agreement is in the possession of the
Debtor or the Secured Party.
Debtor
warrants that Secured Party’s claim against the Collateral is enforceable
according to the terms and conditions expressed therein, and according to
all applicable laws promulgated for the purpose of protecting the interests
of a creditor against a debtor. Debtor also warrants that it holds
good and marketable title to the Collateral, free and clear of all actual
and lawful liens and encumbrances except for the interest established
herein, and except for such substantial interest as may have been privately
established by agreement of the parties with full attention to the elements
necessary to establish a valid contract under international contract law.
Public encumbrances belonging to the Debtor, against the Collateral, shall
remain secondary to this Agreement, unless registered prior to the
registration of Secured Party’s interest in the same Collateral, as is
well-established in international commercial law
Page 1
GENERAL
PROVISIONS
Possession of Collateral.
Collateral or evidence of Collateral may remain in the possession of the
Debtor, to be kept at the address given in this Agreement by the Debtor or
such other place(s) approved by Secured Party, and notice of changes in
location must be made to the Secured Party within ten (10) days of such
relocation. Debtor agrees not to otherwise remove the Collateral
except as is expected in the ordinary course of business, including sale of
inventory, exchange, and other acceptable reasons for removal. When in
doubt as to the legal ramifications for relocation, Debtor agrees to acquire
prior written authorization from the Secured Party. Debtor may
possess all tangible personal property included in Collateral, and have
beneficial use of all other Collateral, and may use it in any lawful manner
not inconsistent with this Agreement, except that Debtor’s right to
possession and beneficial use may also apply to Collateral that is in the
possession of the Secured Party if such possession is required by law to
perfect Secured Party’s interest in such Collateral. If Secured Party,
at any time, has possession of any part of the Collateral, whether before or
after an Event of Default, Secured Party shall be deemed to have exercised
reasonable care in the custody and preservation of the Collateral, if
Secured Party takes such action for that purpose as deemed appropriate by
the Secured Party under the circumstances.
Proceeds
and Products from Collateral.
Unless waived by Secured Party, all proceeds and products from the
disposition of the Collateral, for whatever reason, shall be held in trust
for Secured Party and shall not be commingled with any other accounts or
funds without the consent of the Secured Party. Notice of such
proceeds shall be delivered to Secured Party immediately upon receipt.
Except for inventory sold or accounts collected in the ordinary course of
Debtor’s public business, Debtor agrees not to sell, offer to sell, or
otherwise transfer or dispose of the Collateral; nor to pledge, mortgage,
encumber, or otherwise permit the Collateral to be subject to a lien,
security interest, encumbrance, or charge, other than the security
interested established by this Agreement, without the prior written consent
of the Secured Party.
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