* Purge debts using the Fair Debt Collection Practices Act.
* Restore credit history using the Fair Credit Reporting Act.
* Defend against creditors with knowledge of simple contract law, Generally Accepted Accounting Principles, rules of court and the basis that banks do not loan anything.
* Defend against debt collectors with the basis that an assignee cannot establish any contractual nexus to enforce a claim.
Banks are prohibited from loaning.
Banks can’t loan other depositor’s money because of the matching principle under GAAP. They can’t loan out or 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 Banks 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.
Send the creditor 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. Do not write “payment in full” on the check or money order. Send only with first class mail because you do not want to draw attention to it. Get proof of delivery receipt if you want.
When the final payment is accepted, and the creditor has failed to respond or object to the notice of final payment, no claim against the account holder can be maintained.
In practice, the creditor will call you to ask about late payments. Make a record of the caller’s name, company, mailing address, phone and fax numbers, date and time of call, and then request that the caller limit communication with you only to writing. Disconnect the call after you obtain this information and send a written correspondence making the same request.
If the calls continue, do this again or make a complaint with your state’s attorney general’s office.
In most cases, the creditor assigns the account to collections. Once this happens, the third party collection efforts are regulated under the Fair Debt Collections Practices Act.
The assignment of a debt without the consent of the debtor is null and void. If the creditor assigns, sells or transfers the rights to sue or collect to a third party, without the consent of the debtor, it will be a relinquishment of that right to sue or recover from damages.
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.
Request a validation of the purported debt. Because the collector never provided any services or products, there is no obligation 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.
Send a cease further communications notice only if it is quite obvious that the collector will not sue.
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.
*Assessments, Citations, Debts, Demands, Fines, Penalties, etc.
First, lay the groundwork by filing a UCC1 with the State UCC office, making the real live person the creditor and secured party and holder-in-due course of the corporate fiction STRAWMAN debtor (see “How to Play the Commerce Game” below). Also, copyright your STRAWMAN and record it at your County Recorder’s office.
Within 72 hours of receiving the presentment, respond with five documents: Bond Instruction Letter, Bond, their presentment stamped diagonally in blue ink “Accepted and returned as true…”, copy of Power of Attorney and copy of Copyright.
Send the original Bond (stamped “Original” on bond paper) with the four other documents back to the agency that sent the presentment to you, registered mail.
Send copies of the Bond (stamped “Copy”) with the four other documents to everyone you are cc-ing to, regular mail to everyone other than the County Sheriff to whom you send certified, return receipt requested.
On April 5, 1933, then President Franklin Delano Roosevelt, under Executive Order, 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 (read Declaration) 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 read 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."
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 pm approved 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, except 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 done 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 place them in the United States Department of Commerce . as registered securities. These securities, each of which carries an estimated $1,000,000 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" (NY re: Merriam 36 N.E. 505 1441 S. 0.1973, 14 L. Ed. 287). Since a corporation is a fictitious "person" (it cannot speak, see, touch, smell, etc.), it cannot, by itself, function in the real world. It needs a conduit, a transmitting utility, a liaison of some sort, to "connect" the fictitious person, and the 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 exists 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 go-between. This can be something as simple as a contract. When both "persons", the real and fictional, agree to the terms of a contract, there is a connection, intercourse, dealings, there is 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 that connects fictional government to real men and women? It's a government created shadow, a fictional man or woman ... with the same names 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.
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 purpose 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 allowed.
Webster's Ninth New Collegiate Dictionary defines the term "STRAWMAN" as "A weak or imaginary opposition set up only to be easily confuted; or 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 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 name is, in fact, still us as long as the spelling is correct. This is not true!
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) as collateral, mere chattel, for the debt created by government officials who created 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 its 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 that 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 by the Constitution) 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 the fictional government) we must send a non-negotiable (private) "Charge Back" and a non-negotiable "Bill of Exchange" to the United States Secretary of the 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 or woman, 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 non-negotiable Charge Back and Bill of Exchange accesses our Contract Trust Account. What is this account? 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 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. 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 functional commercial world, one where there is no real money, only fictional funds ... mere entries, figures, digits.
Corporate, STATE courts only have jurisdiction over the STRAWMAN. 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 the 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 CANNOT be broken and its the foundation of the Accepted for Value process. The power of this document is awesome.
Since the Contract Trust Account exists for the STRAWMAN - who, until now, has been controlled by the government -
WE can gain control (and ownership) of the STRAWMAN by first activating the Contract Trust Account and then filing a UCC-1 Financing Statement. This does two things for us.
* First, by activating the Contract Trust account we gain limited control over the funds in the account. This allows us to also move entries, figures and digits - for OUR benefit.
* Secondly, by properly filing a UCC-1 Financing Statement we become the holder in due course of the STRAWMAN.
A filed UCC-1 is public notice of a registered lien by one of us real human beings who is the secured party, upon the STRAWMAN (which is a government created, foreign non-registered corporation). With the STRAWMAN under our control, government has no access to the Contract Trust 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.
You don't have liability for your STRAWMAN - if you do commercial assignments, you have an asset (Bill of Exchange) which you can spend out. The birth certificate represents the body. (The SSN represents the commercial account.) Behind every birth certificate is a $1,000,000 bond which is pre-paid financing on any activity of the STRAWMAN.
When you own your STRAWMAN and anyone else charges against HIM, then that is commercial trespassing. If anyone goes after your STRAWMAN and wins any monetary award against the fiction of your STRAWMAN, then you (the real person/ secured party) get the first $1,000,000 of that because you have the first lien.
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 or claim goes away). Always Accept for Value, become the holder-in-due-course, and decide not to prosecute yourself.
If they don't adjust the account a request is made for the bookkeeping records showing where the funds in question were assigned. This 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 pre-paid, and our Contract Trust 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 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 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 either to do what is required or lose everything they own.
This is the power of contracts (commerce). A contract overrides the Constitution, the Bill of Rights, and any other document other than another contract. 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 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 we know they're not in possession of such a document, they must leave us alone, or pay the consequences.
By knowing the difference between our real self and our STRAWMAN and behaving accordingly, we gain our proper sovereignty over "legal fictions" and the ability (which is our birthright) to demonstrate freedom, for the enjoyment of the Divine in us all.
Source: Jeff Anderson
Thank you for sharing this valuable information Jeff.