Professional Documents
Culture Documents
13333252 Responding to Presentments
13333252 Responding to Presentments
Using conditional acceptance you can honor the presentment upon conditions that
forces the
other party to DISHONOR you. This turns the table on them. Then by using the Notary
Protest
on their dishonor you can perfect the dishonor. These helps you to achieve the
agreement of the
parties before coming into the court, so the substance is not at issue any longer,
and the court is
reduced to a ministerial duty - based on the evidence before it, which is that the
only claim on the
table - the claim of the notary who tried to get acceptance on the draft, and
certifies that the
dishonor of the opponent was deliberate!
Now you’re before the court with your notary and his evidence. The judge has an
administrative,
not judicial, issue. This means it is strictly procedural, where NO DISCRETION IS
ALLOWED, where there is no immunity. If you go conditional accept your opponent
offer,
giving him the opportunity to produce his claim and he doesn’t do it, where is the
controversy?
Substance issue is over. Down and out! Now the judge gets to rule administratively,
ministerially where there is no immunity.
(2) The additional terms are to be construed as proposals for addition to the
contract. Between
merchants such terms become part of the contract unless:
• (a) the offer expressly limits acceptance to the terms of the offer;
• (b) they materially alter it; or
• (c) notification of objection to them has already been given or is given
within a
reasonable time after notice of them is received.
House Joint Resolution (HJR)192 of June 5, 1933 – Not required to pay debt with
substance.
What HJR-192 did was, remove the liability of an obligor (someone obligated to pay
a debt) by
making it against Public Policy to pay debts with debt. All that needs to be done
now is
discharge the debt with an appropriate credit “dollar for dollar,” or exchange the
“bill for
the bond” or the “past liability for the future liability,” thus passing over the
present
liability of the “Note.” The “Note” is the promise to deliver the offer. The one
problem the
industrial society has is there is no money to even credit the account with and
because of that we
(the creators of the industrial products) are the credit that the industrial
society needs to adjust
the ledger. They need our acknowledgement of having received the charge from them
to be able
to discharge their duty, just like electrical currency otherwise, they have an
aging accounts
receivable that they cannot close without our endorsement as to the benefits that
were provided.
As the operator, they need to charge us so we can ground/charge-back the account
thus paying
the tax. Debt must be “discharged dollar for dollar”.
Are you an “Accomodation Party”
“One who signs commercial paper in any capacity for the purpose of lending his name
(i. e. credit) to another party to instrument.” UCC § 3-415 Such party is a surety.
But what if you did not “sign” an instrument, say for example, the
Certificate of
Live Birth Report filed with DHHS or Dept. of Commerce, or Dept. of the Treasury
(Register)? Are you still a surety, or guarantor? The answer is yes.
“Signed” (after the fact the name, or credit, was lent): The inclusion of
authentication in the definition of “signed” is to make clear that as the term is
used in
this Act (UCC) a complete signature is not necessary. Authentication may be
printed,
stamped or written; it may be by initials or by thumb print. It may be on any part
of the
document and in appropriate cases may be found in a bill heading or letterhead.
Title to goods (Goods = the unborn young of animals) passes to the Holder-
in-
due course involved in the transaction. The Thing (res - pronounced RACE) or Title
to
the goods, in the form of a Warehouse Receipt, or Field Warehouse Receipt, once
registered, becomes a perfected security, leaving the “pledgee” in the position of
a sub-
ordinate debtor, for the simple reason there are creditors, and there are debtors,
and
one can not assume both capacities on the simple reasoning and sound logic that one
can not be obligated to ones self, i.e., one can not contract with one’s self to
form a
binding contract. This precedence can be found articulated in the landmark case
“Trustee of the Dartmouth College v. Woodward.
This leaves the pledgee with no credit, name, or title in effect “stramineus homo,
a
dummy, or strawman” in the capacity of a subordinate debtor (to the Holder - in -
due -
course). Thus, if one has not re-secured the pledge (bailment, in the form of a
debenture), or security interest, one’s silence or inaction is all that is
necessary for the
holder-in-due-course to give legal effect to the preceding act, and you become the
accomodation party, with no value, rights, or remedy. Congratulation concerning
your
transformation into the “goyim.”
Without the name, title, or credit, you have little or no rights, and no
remedy. What’s worse, all your precious labor and services to fulfill the
American Dream, is considered nothing more than a gift to the Holder-in-due-
course (see: 31 USC § 321(d)(2)).
And, when the IRS gets involved, do you really believe you’re being
targeted for a tax liability, from some realized duty of citizenship?
Poppycock!
You are being fined for not honoring the pledge made in your behalf (see: 18
USC § 3613(c)), i.e., “.... as if the liability of the person fined were a
liability for
tax assessed...” There you have it, plain and simple.
And if you do not comprehend a moral problem with this scenario, then
what makes you think I should? Right. This is nothing more than perpetual
debt bondage, in the commercial world.
Ever wonder why “Notice of Federal Tax Lien (Levy)” is filed with the
County Recorders? The answer is simple. The filing against “personal
property” where the subordinate debtor resides, with no title, name, credit, or
value, and having taken the value (benefit) from the holder-in-due-course and
transferred this value to your own use, leaves you either with a duty to
account
therefore (filing the 1040), or a liability (to pay, or discharge) both civilly
and
criminally depending on the holder-in-due-course attitude for the moment, or
whatever profile you fit into.
This is always an admiralty “in rem” type of action, or transaction because it
always involves a duty or debt to the title holder with all of your value... What
was that, you say.... this is FRAUD? B.S.
What the fraud could be with a little effort on your part is that
government is now privatizing the security interest in the collateral,
making them, or it, the absolute Lord Proprietor.
This type of privatizing (jure imperii) is what the CAFR’S call unjust
enrichment, because the pledgee is left out of the loop either as debtor,
or creditor, and always with the Liability, i.e., consumer obligation, i.e.,
by YOUR (PARTY) ACCOMMODATION...
• (a) "Issue " means the first delivery of an instrument by the maker or
drawer,
whether to a holder or nonholder, for the purpose of giving rights on the
instrument to any person.
• (b) An unissued instrument, or an unissued incomplete instrument that is
completed, is binding on the maker or drawer, but nonissuance is a defense.
An
instrument that is conditionally issued or is issued for a special purpose
is
binding on the maker or drawer, but failure of the condition or special
purpose
to be fulfilled is a defense.
• (c) "Issuer" applies to issued and unissued instruments and means a maker or
drawer of an instrument.
(a) "Acceptance" means the drawee's signed agreement to pay a draft as presented.
It
must be written on the draft and may consist of the drawee's signature alone.
Acceptance may be made at any time and becomes effective when notification
pursuant to instructions is given or the accepted draft is delivered for the
purpose of
giving rights on the acceptance to any person.