The following are some practical ideas concerning actualizing effective strategy:
1. The most important thing is knowledge and understanding of what is happening. Therefore, the first priority is: Get Educated. There is no substitute for this, especially in the climate in which we now live. In the celebrated words of Thomas Jefferson, “If a nation expects to be ignorant and free, it expects what never was and never can be.” First and foremost getting educated requires knowing yourself, who and what you are, and becoming clear, confident, and established in yourself, your real being.
2. The nature of the times is escalating the timeless imperative to make one’s spiritual life paramount. Increasingly the state of the world is communicating the message that the only way “out” is “in.” Living in accordance with the understanding that cultivating and realizing our inner being, i.e., spiritual awakening and realization, is more important, enduring, and conducive to providing us with the happiness, peace, and fulfillment that alone will satisfy the heart and soul than anything we can see, do, experience, or have in the outside world. We all have two wars to win and opponents with which to deal: 1) ourselves (i.e., obtaining self-mastery) and 2) a hostile, deceitful, and treacherous world. If we do not win the internal battle and become clear about what we are and how/why we want to live, relate to others, and deal with the system, we have no hope of winning in encounters with the ruthless aggression to which we are relentlessly subjected.
3. In the absence of self-realization, we live at the expense of life. We expend time, effort, and energy attempting to acquire things in the outside world the essence and origin of which we do not possess in our own being and consciousness. In such case we “lose the roots and cling to the tree-tops,” where our platform of operation is ungrounded and ephemeral.
4. Live to be free of blame, where blame is defined as blocking someone’s way without just ethical cause. As it is said, “For blocking no one’s way, no one blames him.” If you do not interfere in people’s lives you will not incur the repercussions for doing so, thereby immunizing yourself from having to deal with the entangling and undesirable consequences of your actions.
5. Stay in your own domain. If you do not traverse into your adversary’s turf you do not create a nexus between you and them that allows the system to engulf you. Accomplishing this includes becoming clear about the nature of private and public and when/how you are acting in which domain. If you leave your ground of substance, reality, and sovereignty and go into their domain of illusion, treachery, and deceit, your situation is hopeless. By so doing you abandon a position where you have clout and they have none, in favor of going into a realm where they have all the power and you have none. The public side is their game and property, not yours, so you have no standing, rights, and power there. Your body is real and came first into the world before any fictitious version of your given, private name, or any birth certificate or other document, could be derived by the system to use for its betterment and your detriment.
6. Be careful never to reach a point where you think you know enough or you “have it all figured out.” As soon as you think you have it, you’ve had it.
7. Understand as much of the law and the practice thereof as possible in terms of universal principles that transcend and are more fundamental than the system’s concoctions. Man’s law is a subset of and derives from principles that are more fundamental than, and endure beyond, all human imaginings. The further removed from universal principles we are, the more unstable and unreliable is our position. The observation of Emerson is apt:
As to methods there may be a million and then some.
But the principles are few.
The man who grasps principles can successfully select his own methods.
The man who tries methods, ignoring principles, is sure to have trouble.
8. Change your thinking. If the thinking/perceiving ruts in which you have been confined and alter/revise/expand them. “Cast you nets on the other side of the boat” if you’re not catching any fish on the side where you have heretofore been fishing. (See below.)
9. Never assume. Don’t take anything they say or do at face value. Dig for the facts and substantiation in law for what you do. In the words of Gilbert and Sullivan, “Things aren’t always what they seem. Skim milk masquerades as cream.”
10. Create a paper trail and public record concerning as many aspects of your position as possible. This includes executing documents that articulate and declare your rights, identity, and standing, thereby shifting the burden of proof onto those who would deprive you of them. Establish and notice the proper parties of your position, sending color copies of your documents, preferably dispatched by a notary with a notarial certificate of service.
11. Whenever you are out and about, carry correctly colored pens with you, as well as postage stamps, rubber stamps, texts of various things to say in emergency contexts, and notarized, color copies of crucial rights-asserting documents. Be prepared.
12. Collect dictionaries, perhaps all you can, both regular and law. Words are the weapons of this game. By understanding the meaning and legal significance of words you not only have revealed to you what your strategy and tactics can be to win when writing your documents (all legal documents are “paper soldiers” for fighting win/lose battles in a legal setting), but communicate in their language. The official dictionary in the US is Bouvier’s (they won’t tell you this because of so many options available to you revealed in that law dictionary). Also, get the Oxford unabridged dictionary (available in diamond print with magnifying glass) for the extensive etymology of words.
13. Understand as much about the nature of the system as possible so you can use it to your advantage. This should include spending time in court observing diverse proceedings, paying attention to the interaction between attorneys and judges so you can perceive more clearly how the system functions to baffle the people.
14. Capitalize on the mentality of bureaucrats and what they understand, feel comfortable with, and offer you in the way of procedural options. If you relate to them in this manner you do not act outside the bounds of their job description and do not put them in the wrong. At the same time you secure their cooperation and let them do what they are familiar with, such as sending you documents or clarification to which you are statutorily entitled (which they often tell you in their correspondence, such as under this or that act you are entitled to such and so). Don’t confront them with anything hostile or outside of their niche and mentality,5 and certainly don’t require them to think.6
15. Since to bureaucrats reality is what exists on their computers, don’t fill out any more forms than you have to, and don’t answer and return questionnaires. Your answers get cross-referenced in innumerable computers, can be used to assemble a profile on you and everything about you, are often sold to marketing agencies so that you are flooded with unwanted offers, and fed into the system’s data base as more food for the Beast to consume and use against you. What is advisable to do is live your life as privately and off the radar as possible, and put out information you want bureaucrats to believe (and hence act on) as the truth about you and your activities (including information on your computers that leads them on rabbit trails away from you and your freedom).7
16. Play different agencies and aspects of the system against each other. The system is not homogeneous. Most agencies and departments are very territorial, desiring to have as much exclusivity of power as possible to themselves without having to share power with other aspects of the system so as to compromise their ability to function as autonomous as possible.
17. Accept and return for value all presentments. When you can, use autographed postage stamps on your documents and have them sent to their destination by your notary.
5 As Dorothy Parker quipped, “You can lead a whore to culture but you can’t make her think.”
6 Bureaucrats write memoranda both because they appear to be busy when they are writing and because the memos, once written, immediately become proof they were busy. –Charles Peters, How Washington Really Works, 1980.
7 The nature of bureaucratic mentality was humorously exemplified in the May 3, 2003 edition of Bizarre News (an e-mail newsletter): “SACREMENTO, Calif. – The Sacramento jury commissioner’s office warned that if Lucille Marie Gordon did not show up to her allotted jury duty date, there would be a bench warrant out for her arrest. Caryn Gordon thought this was hilarious. Why? Because Lucile, or Lucy, is her dog. Last year, the chocolate Labrador retriever received a summons for jury duty in Sacramento Superior Court. Caryn read the summons and sent the form back in, writing where it reads, ‘affidavit for disqualification,’ she put, ‘Lucy is a dog,’ and sent it in. Earlier this month, Lucy got another summons. When Caryn called the office, the employee claimed they had heard every excuse imaginable. Caryn ended up having to show proof that Lucy might not serve too well on the jury, especially if a cat was the defendant.”
18. Every time you ever mail anything, including having a notary mail things on your behalf, put postage stamps on the envelope. DO NOT MAIL BY USE OF THE red METER POSTAGE. Whenever you take an item into a post office that needs postage, and ask the teller to put the postage on, they run it through their meter stamp. Do not allow this. You need the cancelled stamp for the clout it has (as a binding obligation on the US Government), and not the red-ink meter, the use of which means the item is not cancelled and mail fraud is involved.
19. In addition to use of a notary, such things as embassy seals can work wonders. Perception is reality. Many bureaucrats and officials, upon seeing embassy seals, apostilles, etc., back off immediately (possibly because they think that they might be tampering with matters beyond their knowledge and jurisdiction and thereby risking some kind of problem for themselves).
20. Place all documents you execute, as well as all paperwork from adverse parties in the system that you receive and accept and return for value, and/or file in court, directly under the Universal Postal Union, i.e., “UPU,” by the proper use of postage stamps. This matter is discussed below under “Postal Power.”
21. Whenever you have serious subpoenas to serve, such as on the mayor of a municipality or some high government official, have them served by the sheriff—or, better yet, the Provost Marshal. Call the US Marshal’s office and see what is involved in having it done.
22. If you are in prison, either ask, or have someone on the outside ask on your behalf, for the prison form for reporting irregularities. A prison is a federal project. Inmates can report irregularities and call in county, state, and federal auditors. This form is used for reporting irregularities in accounting of federal projects to the Army Corp of Engineers under the military accounting manual, ER37210. Almost all prisons keep false books. When they are audited, upon the first irregularity (which usually does not take long for auditors to find), things hit the fan. One might ask the prison administrator for the form, or the prison case officer.
23. Ask for your SID number and file from every state in which you have ever been for any period of time. While the SS No. is federal, the SID No. is state. Through this tracking number the states keep track of everything about you (i.e., your strawman), such as licenses, liens, arrests, etc. SID numbers are either seven (7) digits followed by a letter suffix, or eight (8) digits without the letter. All, however, are preceded by the two-character US Postal identification of the State (CA, NY, TX, etc.). One probably must make a Freedom of Information Act, “FOIA,” request, or the State equivalent (in California, for instance, one might use the Information Practices Act, “IPA”) for procuring your SID file.
24. Send off a FOIA to the FBI for your FBI rap sheet, which not only contains the record of every arrest or “detention” (alienation) to which your strawman has ever been subjected, but allegedly can be used legally to provide conclusive and indisputable proof that the strawman is a separate and distinct legal entity in the nature of a corporation, and created by the state. It references an organizational ID No. just like the corporate police agencies have, etc. This is prima facie evidence for diversity of citizenship. In addition, the FBI rap sheet is invaluable if you are trying to clear your record or restore your rights or attack an agency legally. In addition to obtaining it by making a FOIA request to the FBI, if you are a guest of the Bureau of Prisons, “BOP,” you can get it by written request to your Case Manager, since it is in your file. BOP guests take note: The FBI rap sheet does not contain info on the dispositions of cases, so it does not come under the recent “snitch protection” ban on paperwork. That means they cannot refuse to give it to you.
25. Emulate success. As people who fundamentally simply wish to live in peace and be left alone study, interact, and engage in using approaches that their best research and judgment indicates might succeed, their experiences and the understanding that often ensue are not only invaluable, but add to the knowledge and tools available to the rest of us. Therefore, networking is invaluable.
26. Those of us involved in this quest for truth, freedom, and peace would be well-advised to abandon the petty bickering, fault-finding, and snap out of our stupor. There is no room left for indulging in such counter-productive luxuries. The good ship US long ago hit the iceberg. It is not the time to be arguing about who gets what space for a deck chair or who can play the next round of shuffleboard.
Change your thinking
As we have discussed, if we would be enriched instead of diminished when dealing with presentments (or anything else in the system), we must replace false and inadequate ideas with true and effective ones. We must be more conscious of our thinking and why we think as we do. A humorous quote by Sidgwick punctuates the matter:
We think so because other people all think so;
Or because—or because—after all, we do think so;
Or because we were told so, and think we must think so;
Or because we once thought so, and think we still think so;
Or because having thought so, we think we will think so.8
8 Henry Sidgwick, "Lines Composed in His Sleep." Quoted by William Osler, South Pacific Magazine, 1907.
Consequently, if our dealings with the legal system have not been successful in accordance with our priorities, it may be in large measure because we have not thought adequately about (and therefore not acted properly concerning) that with which we are interacting. We must re-evaluate our thinking and change it, and therefore the way we act, accordingly. In the words of a fellow named Dayle Mahoney:
If you continue to think as you always thought,
Then you'll continue to get what you always got.
Is it enough?
On its face, a presentment is a demand either to pay something, engage in specific performance (such as coming to court and answering a summons and complaint), or both. It is important to understand that all presentments issued by/within the colorable legal/commercial system today are expressions of the Wizard’s light show. That show appears dazzling, and is often terrifying, but is in actuality an insubstantial chimera. It becomes concrete only when we treat it in a manner that, by the rules of the game, authorizes its being enforced against us in physical reality. Someone provides you with a presentment because he expects to make money off of you by doing so. The point of this discourse is to elucidate how we can act concerning what has heretofore been damaging to us because of our ignorance and proceed in a manner that can turn the tables to enable us to use the same system and its rules for our betterment.
To begin with, we must realize that adopting the ostrich approach of hiding our head in the sand does not eliminate what we might wish we did not have to deal with. Emulating the ostrich merely exposes our rear end blindly; it does not stop our butt from being kicked (or worse).
The second thing to realize is that everything that happens to us is the result of our own creating, either by having caused it expressly or because we placed ourselves in the context where the event we have to deal with is allowed to be in our space. In either case, what we have control over is our free-will choice as to how to deal with a particular event. In the case of receiving a presentment, we can basically pursue one of the following courses of action:
1. We can comply with the demands stated on the face of the presentment;
2. We can deny, fight, try to run from it, etc., or,
3. We can accept it, and thereby neutralize and offset it by allowing the current to flow in a way that discharges the obligation without trying to block or resist the force directed against us.
Acting in accordance with either of the first two ways results in automatic loss. The first way consists of meek compliance, which is a dead loss to us. We just simply pay or perform as they have instructed us to do, like good little slaves. The second way constitutes a dishonor, enjoining the issues offered to our strawman that can then be enforced by the courts and imposed on us. We give substance and credibility to the Wizard’s light show. This is also a dead loss, because our dishonor ensures that we lose. The third approach involves staying in honor and retaining a posture where we are free to act in a way that redounds to our benefit.
If what we experience is the result of our direct creation in the past, acceptance must occur to close the circle on the process involved in our creating by thought and then, sooner or later, experiencing back upon ourselves the results of our own thought/creation. We must complete the cause/effect cycle and discharge the imbalanced build-up of charge that remains until the action/reaction account is balanced and the imbalance, i.e., the charge, is discharged. If what we experience is the result of the actions of others, we need to do a kind of legal/commercial jujitsu that returns the force of their actions back to them without injuring us. All injury we experience in legal/commercial matters is the result of essentially two (2) things:
1. Failure to establish on the record and correctly notice the proper parties of our position as the living principal, creditor, and authorized representative for, our strawman (all-caps name). All law functions on the basis of presumptions. A major presumption on the basis of which mankind is enslaved is the presumption that our failure to clarify and establish on the record who we regard ourselves as being and in what capacity we are functioning signifies the system’s right to act against us as it wishes. As per the maxim of law, “He who fails to assert his rights has none.” The 7th Commercial Maxim is apt: “A matter must be expressed to be resolved.” If we do not provide notice of our position, no one else can, nor does anyone in the system have any motivation to try to assert our position for us (especially vis-à-vis them). If we want our position noticed, we and we alone must do it.
If we fail to notify appropriate officials and agencies of our position there is no basis upon which anyone in the system can relate to us other than in accordance with the system’s rules and presumptions, which operate with impunity unless properly controverted by us. Their position is the only one on the table because we have not introduced our own into the equation. A gold prospector must drive a stake in each corner of a plot he is staking his claim on if he wants to have others recognize his claim. Without doing so, nothing exists to communicate his intent or be treated as if the plot of ground is his as opposed to anyone else’s. He has not acted in accordance with the rules of the game that must be followed for him to achieve his objective.
2. Acting in dishonor, and thereby engaging in resistance that disallows pass-through of the current that enables us to retain our freedom and autonomy without being damaged. Resistance in a circuit creates heat. By resisting we bear the burden in our own biological circuitry, which remains until discharged. This absence of discharge can weaken, exhaust, burn up, or in some way debilitate us.
It is a cardinal spiritual maxim that victory is achieved through surrender. To understand this statement we must define the meaning of the operative words: “victory” and “surrender.” By “victory” we do not mean physical conquest and domination, which is futility borne of acting on, attempting to render durable in some manner, the illusion of separation and superiority of one aspect of the One over another. In this situation an ego imagines not only that it is separate from others, all, and everything, but is superior to other expressions of the same Oneness. This delusion is a major source of sorrow and suffering that has plagued mankind throughout history. Using force and artifice is an attempt to get reality to conform to a flawed and vain abstraction of it is foregone futility that leaves carnage and suffering in its wake.
The term “surrender” is intended to convey the concept of expanded receptivity rather than outward-directed action without first obtaining the benefit of more thought, insight, and information than one has at the time. Receptivity involves opening one’s mind, letting go of the attitude that one already knows the truth, releasing pre-conceived ideas about what one is experiencing, and inwardly expanding the vessel of one’s being not only for the purpose of perceiving matters more fully, clearly, and wholly (free of distorting, deluded, and pre-conceived biases), but providing the conscious mind with more comprehension than had previously been the limits of one’s thinking and consciousness. Depth always absorbs. And as a Zen master once said, “It is impossible to discover when preoccupied with the familiar.” There are no limits or bounds to the size, scope, and depth of our vessel, nor to the nature of the content we can consciously contain. This is akin to a take-off on an old rhyme:
Little forms have bigger forms
On their backs to bite ‘em;
And bigger forms have bigger forms,
And so on ad infinitum.
Further significance of surrender inheres in realizing that we see things far more as we ourselves are than what something is in itself. A moment’s reflection reveals that anything can be viewed, perceived, thought about, and acted upon in an infinite number of possible ways by an infinite number of possible beings. Everyone observes and experiences life from his/her unique nature and position in space-time. No two perspectives are the same, nor can be. As someone once quipped, “When you hear two accounts of the same automobile accident it makes you wonder about history.” The Bible is full of admonitions against acting in violation of this truth vis-à-vis others, such as “Thou shalt not bear false witness,” and “Judge not, that ye be not judged.” What certainty, after all, does anyone possess about the “truth, whole truth, and nothing but the truth” that might justify slandering or judging someone?
Therefore, “surrender” really means giving up one’s entrenched position in favor of allowing clearer and more holistic understandings to emerge. The ultimate end of this approach is to perceive existence as it is, rather than how we might think or believe it is. Two further quotes of Zen masters come to mind: “Do not seek the truth; merely cease to cherish opinions”; and, “If you understand, things are such as they are. If you don’t understand, things are such as they are.” The actual truth of anything is the “such-as-it-is” nature of its existence. The more we live in this manner the more grounded in happiness and integrity our life can become.
In court
Why do we lose in court? It is not because it is a military or maritime court (which it is), often evidenced by the gold fringe on the flag. It is not that we are under implied or adhesion contracts to some municipal corporation (if so we could raise the issues of contract law). It is not a plethora of other reasons advocated by innumerable “patriots,” all of which “reasons” are rabbit trails. So, the short answer to why we lose in court is that we lose if:
1. We dishonor any of the people and processes that impinge on us, thereby enjoining the issues described in the presentment so that we become bound by the matter. We have no right to deny or speak to anyone else’s utterances, and doing so lands us in the middle of their novel.
2. We traverse and therefore contractually amalgamate ourselves and our strawman into the court’s jurisdiction so that we endure in the flesh the results of whatever trial or hearing might occur dealing with our strawman. It is the strawman that appears, is tried, and sentenced, not us. By traversing, however, the real us gets to go along for the ride and experience in reality the judgment against the strawman.
3. We fail to discharge the charges, thereby authorizing the system to enforce commensurate consequences on us.
4. We have no facts in evidence substantiating our position placed by a competent witness on the court record of the case. This crucial matter is discussed below in greater detail.
5. We have not bonded the case.
Let us briefly discuss these issues:
1. We avoid acting in dishonor by accepting and returning for value whatever presentment or charging instrument we are provided with and by not arguing, fighting, denying, or ignoring.
2. We do not join the dispute by traversing, by which we leave our own ground and tacitly give reality and credibility to the opponent’s claims and allegations that are not facts but only presumptions and assumptions until we stipulate (expressly or by dishonor). Enjoining the issues in a presentment, such as denying allegations or charges, or saying that we don’t owe an alleged debt, is a dishonor that enjoins us with the court’s jurisdiction and our own strawman and creates a dispute that grants a court subject matter jurisdiction. It sucks us up into the made-up game of imaginary disputes between fictitious entities. The definition of “traverser” in Black’s Law Dictionary confirms the point succinctly:
Traverser. In pleading, one who traverses or denies. A prisoner or party indicted; so called from his traversing the indictment. Black’s Law Dictionary, 5th Edition, page 1345.
3. Whenever we (i.e., our strawman) are “charged” with something, that charge is a bookkeeping entry of liability on the ledger and must be “discharged” by entering a balancing, offsetting asset. Filling in the asset side usually occurs by the loser parting with public funds of some kind, such as a check or FRNs, or doing “community service,” or being bonded and incarcerated as the surety. When we discharge the charges by acceptance for value, which is a Banker’s Acceptance, we end the controversy and become the owner of the contract. Each of us is a private banker. Under banking our acceptance and return for value establishes the facts and makes us owner of the transaction. We then own both sides of the deal, i.e., both the creditor and debtor side. By accepting from the private side and providing the value from the private, i.e., substance, side we end the dispute and remove from the equation any controversy for a court to resolve.
4. It is imperative to understand that the admiralty/equity courts of the system do not deal with reality, substance, and facts in evidence. They deal in assumptions (such as unsupported claims and charges), and presumptions (unexpressed rules by which the system operates), and stipulations (agreements that create the “facts”). Because they are strawmen and cannot be competent witnesses through sworn testimony, neither attorneys nor officials can place actual facts in evidence on the record that a judge can judicially notice, such as claims supported by sworn testimony, either through an affidavit sworn true, correct, and complete, or testimony under oath on the witness stand in open court, or deposition.9
9 In the celebrated “voter punch cards” incident in Florida in the Al Gore dispute with George Bush in the last election, Gore’s attorneys introduced a batch of “voter punch cards” as evidence for the purpose of proving that the election was flawed. The judge never even looked at the evidence and threw Gore’s attorneys out of court. Although the press and public were not aware of the rationale for the action, the judge’s basis for doing what he did was that the cards were never presented to the court by a competent witness. There had to be a witness to state that the cards came from such and such a precinct and that the one testifying witnessed the cards being gathered up, boxed, and transported and was stating such matters under oath. Without such competent witness, there was nothing on which the judge could rely to substantiate any claim that there had been tampering with the cards during the gathering and transporting thereof. Attorneys can neither be competent witnesses nor can any statements they make be considered testimony. They deal in assumptions, hearsay, and dishonor. So much for high-priced lawyers!
5. Recently some people in Nebraska allegedly avoided having to go to prison for some time by posting—at the last minute—a single-page bond. The text of this bond, along with some explanation and comments, accompany this article.
A presumption is defined as follows:
"A presumption is a deduction which the law expressly directs to be made from particular facts." (Evidence Code, § 600.) And "a presumption (unless declared by law to be conclusive) may be controverted by other evidence, direct or indirect: but unless controverted, the jury is bound to find according to the presumption." (Evidence Code, § 602 et seq. In re Bauer (1889), 79 Cal. 304, 307.
The bottom line is that whenever we receive any kind of presentment, from a tax bill to a summons/complaint, indictment, etc., our proper course of action is to accept and return the offer for value, served by a notary on our behalf. Discharge of the obligation occurs at the moment the offerror receives our communication. Contractual ratification has occurred through offer and acceptance. The circuitry closes on itself, the + and – polarities discharge, and nothing remains upon which anyone can act.
A charging instrument (presentment) is an offer, an obligation created on the public side by inventing a new borrowing against the creditor (source of the credit) on the private side. Your strawman is offered the opportunity to assume the obligation. What we must understand is that:
1. Any presentment is a concocted debt on the public side created by the party responsible for issuing the presentment;
2. Whenever you (i.e., your strawman) receive a presentment, through your acceptance and return for value of the presentment, you can perform a legal/commercial jujitsu by diverting the force of the presentment back on the issuer;
3. The fabricated obligation constitutes a new borrowing, i.e., creation of more public debt, which they wish your strawman to assume, and which you—at the expense of your body/labor—must discharge;
4. Any presentment can be discharged by providing the offerror with the charging instrument accepted and returned for value and utilizing your exemption as the source of credit for discharging the obligation;
5. A presentment is not an obligation that attaches to you unless you dishonor and do not discharge it;
6. When you proceed correctly the charging instrument constitutes funds that can be used to make you money;
7. If the offerror does not honor your acceptance and return for value, then he is the one in dishonor and can be made the party obligated to pay you for costs, fees, and damages on the basis of his dishonor.
Understanding the above scenario serves greatly to remove fear10 (“False Evidence Appearing Real”) from the equation, especially when we realize not only that the presentment can be neutralized but that it can be turned to our advantage. The advantages can occur not only by what might ensue from the offerror’s dishonor of our acceptance and return for value, but by other means also.
10 So long as one is ungrounded in his own existential/spiritual position, and ignorant of what the system is and how to deal with it effectively, fear is inevitable. This is because the system is one of endless applications of legalized violence on the basis of fictions and frauds promulgated by other beings. None of these paper assaults (presentments) is our creation or our property/province concerning which we have authority to speak. They are all the “truth” and actions of the originator, and therefore the originator’s property and domain. Unless we understand what is happening we are in the dark having to deal with things that can destroy us without possessing any ability to fathom and disarm them.
The catch-22 of the system is that both traversing (enjoining the issues in any manner) and ignoring (doing nothing) constitute a dishonor guaranteeing our loss. The way out of this “damned-if-you-do, damned-if-you don’t” double bind is to comment on the paradox. Problems are not solved on the level of problems; they are solved by operating from another domain, or “meta level,” which in this case is our ground and truth for which we have exclusive knowledge and authority to speak and concerning which they have none. Now they must deal with our world (which they cannot address and cannot enter) and from that position we require them to “put up or shut up.” Since they cannot substantiate the truth and validity in our domain, which is more powerful and fundamental than where they are operating, we can by so doing turn the tables on them.
Officials, attorneys, and banks do not want to honor this process for a number of reasons, largely because they have been making money by usurping and using our exemption and do not wish either to be estopped from doing so or seeing us regain our sovereignty and autonomy by asserting our standing as creditor and using our exemption for our benefit and not theirs.
Standing and status
Whenever you receive a bill, citation, summons, complaint, indictment, etc., what you receive is an original issue presentment. It is also an assumption—a concoction contrived in the mind of the living being who dreamt it up—since there is no bona fide assessment11 for the obligation. There is no commercial paperwork to support the contractual basis upon which the alleged obligation is based.12 Remember that the entire (colorable) system functions by fictions and frauds. There is only presumption of assessment, i.e., color of assessment. Since the presenter of the presentment did not attach anything of value to substantiate and support his position (hence the phrase in some accepted-for-value documents “I did not find your check enclosed”), the document is grounded in the imaginary. Nevertheless, it can be traced to the author of the document and whatever strawman on behalf of which he acted to create the new debt currency. The presenter is giving you something created by inventing a debt, and can be transformed into something of advantage to you if you treat it correctly.
11 Any genuine assessment involves a valid contract, bearing the authorized signatures of all involved parties, plus proof of breach of the contract by the one who is then rendered a “debtor,” plus an accounting of the sum-certain amount owed based on a true bill that itemizes the particular dollar amounts owed for what specific things (such as goods and services received and not paid for, or specific performance promised and not performed), plus proof of the authority for those trying to collect from the debtor to operate as third-party debt collectors, plus a statement of commercial liability staked by every alleging party (anyone who makes any bookkeeping entry or acts in the matter) to back up his claims by indemnifying those harmed in case he is in error. Those acting in the system, such as attorneys and government officials, have none of these prerequisites. They have only assumptions, which become actualized in our lives by making the assumptions real through our traversing or dishonoring.
12 The foundation of every record is the commercial paperwork, consisting of two (2) essential elements:
1. A ledger of accounting, consisting of an itemized list of goods and services provided by whom to whom, with corresponding monetary values indicated for each entry backed by the contracts and records that substantiate the validity of each ledger entry;
2. Record of accountability identifying the party who takes commercial liability and responsibility for the accuracy, relevance, and verifiability of each bookkeeping entry.
Although technically every document in commerce must be executed by/under affidavit sworn true, correct, and complete, the commerce of the world consists of billions of people engaging in countless commercial transactions a day. Obviously, it is impractical for the trillions of documents involved in actual commerce to be done by taking each one to a notary to be certified and sworn as being true, correct, and complete. Commerce, to be practical, must be efficient, streamlined, and minimalist. The force and effect of every document, however, is ultimately its accuracy, relevance, and verifiability combined with the sworn statement of some living, sentient being that he takes responsibility for the validity of the document and whatever information it contains. This must be so because every legal and commercial document involves someone paying and someone receiving gain. Since every such document involves a potential loss to somebody, accuracy and responsibility/accountability/liability must be inherent in all legal/commercial instruments. Therefore, although not in actuality sworn true, correct, and complete, all commercial documents may be enforced as if they were. Reality cannot be cheated. No matter how fantastic and removed from reality and sanity matters become in the phantasmagorical public domain of assumptions, derivatives, fictions, and fraud, ultimately everything must be grounded in, and be able to be traced back to, the ground level, which is the combination of accuracy (truth) and individual responsibility/accountability. Documents do not write themselves—some living being writes them.
When you accept and return an offer for value, it must be remembered that the “value” is that which you, as the real being, give to the transaction. Only the private side, such as you, your labor, and your private accrual account—Private Treasury UCC Contract Trust Account—which is your “exemption” as the creditor from which the credit that creates the “currency” on the public side is derived, can have and give value. The public side is imaginary, created in the mind, and possesses neither value, nor substance, nor sovereignty, nor life. Public entities, such as corporations, trusts, partnerships, businesses, estates, and everyone’s all-caps name, etc., are persons, which are legal entities, ens legis. They are not real beings. By being creatures of the state, persons have status, which is fictitious and legal, not standing, which pertains to real beings and what is lawful. You, as the reality, are the substance and the source of all the public side reflects and from which it is derived.13
Any presentment you receive from the public side is a notice of the creation of a “charge” (open account), which remains un-neutralized unless you “discharge” it. You discharge the charge by performing a banker’s acceptance that provides the asset/credit that balances the liability/debit cross on the accounting ledger. You want to use your exemption (which is inexhaustible) for this purpose. In such case you can discharge any obligation. Anything that can be charged by creating debt against credit can be discharged by performing an accounting offset by using the same credit.
When you accept an offer and return it for value in your real, sovereign capacity, as creditor, you have accord and satisfaction. The fact is your autograph. You, as the real being, are a “lawful man,” capable of bearing a bond. You possess “rectus in curiae,” meaning “right in court,” or “standi in judicio,” meaning “standing in law.” That means that you are capable of bearing a note. Only a lawful man can do that. So the lawful man puts his autograph on the line, establishing the fact. Private men and women use autographs (self-generated marks), public side employees use signatures (signs of their juristic persona).
To understand more of the “money system” operating in the world today, we must make a short digression into history. The Legislative Act of February 21, 1871, Forty-first Congress, Session III, Chapter 62, page 419, chartered a Federal corporation entitled “United States,” a/k/a “US Inc.,” a “Commercial Agency” of what was originally designated as “Washington, D.C.” US Inc. is a corporation of the international bankers, et al., and outside the Constitution.14 The jurisdiction of the US incorporation is private, commercial, international, and military admiralty/maritime. Every “citizen of the United States” is a “citizen” of US Inc. (which is a corporation, not a country), and bereft of standing in law as well as access to genuine law (meaning “common law”) that was accessible to Americans under their contract with the parent corporation, USA. Every “citizen of the Untied States” is also an enemy of the state, i.e., the United States Government, as codified in the Amendatory Act of 1933 to the original 1917 Trading With the Enemy Act. This is codified, inter alia, at 12 USC 95.
13 A reflection may appear as real as that which it reflects, just as the reflection of a candle gives light. We cannot, however, feel any heat from, nor burn out, the reflected flame, nor can we grasp the reflection of the candle and walk away with it.
14 The 1871 “Constitution of the United States” of the private corporation, US Inc., is identical to that of the 1787 “Constitution for the United of America” except for the difference in the 13th Amendment. In the USA Constitution the 13th Amendment is one forbidding attorneys from holding public office. In the US Constitution the 13th Amendment is a prohibition against slavery and indentured servitude.
In 1933 US Inc. declared bankruptcy, as publicly noticed, inter alia, by House Joint Resolution 192 of June 5, 1933; Public Law 73-10; Perry v. U.S. (1935), 294 U.S. 330-381, 79 L Ed 912; and 31 USC 5112, 5119. The result is that there is no money, i.e., real money, which is substance, such as gold and silver coin, that pays debts and is the coin of sovereigns. There is now only the representation or symbol of money consisting of debt created against credit (appropriate for bankrupt citizens devoid of capacity). The credit used to create and back the debt currency is provided by us through having given our gold in the 1930’s, and our labor ever since, to back the failed corporation. Among many significant consequences of this are that there are now only bills of exchange, notes, and other evidences of debt to circulate as money. All currency today is created by signature.
When we accept and return a presentment for value, we discharge an obligation and render the offerror devoid of claim. This Banker’s Acceptance (“BA”) utilizes our standing in law as the creditor—the source of the credit—to discharge the obligation by using our exemption for offset and adjustment. We become established as creditor and owner of both sides of the transaction.
In the past we have usually sent the presentment back to the issuer ourselves. Now we realize that it is far superior to use a notary to send it to them. The notary does not care what is on a presentment or our paperwork, or the amount involved, i.e., whether a document says $1.00 or $10 Billion. The only thing the notary cares about is whether the document has a place for endorsement and a jurat, thereby justifying taking your fee, putting your document in an envelope, and serving it on the other party, saying, “Respond in ten (10) days.” This time period is in accord with Regulation Z, Federal Truth in Lending, 15 USC 1601 et seq., consisting of three (3) days for mailing, three (3) days for the issuer of the presentment to decide what he’s going to do about your acceptance and return for value, three (3) days for return mail, plus one (1) for the day of service, which does not count on the time clock. The total time is therefore ten (10) days.
When we have the notary serve our acceptance and return of the presentment to the offerror, the notary’s address is given for the respondent to send the check, remedy, or reply to. When a respondent does not respond to the notary within the required ten (10) days with a notice of discharge of the obligation he is in dishonor on our acceptance for value. He has not adjusted the account and is keeping the account open and the charge in place, continuing to cause trouble for us and make money by stealing our exemption. When no response from the original presenter is received by the notary within the required ten (10) days, we have the notary issue a certificate of non-response, which is a certificate of dishonor. At this point the dishonor of the issuer of the presentment is established on the commercial record. A notary’s logbook is an irrefutable substantiation of the facts and admissible as evidence in any court.
The key to the notarial process is that a certificate of non-response issued by a notary is a judgment in estoppel. The first certificate of non-response is a judgment in estoppel on the law. The second judgment in estoppel is on the facts/money. Ideally we should do both when dealing with a presentment, since we wish not only to discharge the obligation but use the process to better us commercially.
We must remember who and what a notary is. Historically, the notary wrote the king’s papers. He issued the writs. A public notary is higher than a judge. In addition, notaries have had from inception two (2) primary functions: 1) to protest international bills of exchange, and 2) be a bonded, neutral party who holds the commercial record and can place evidence into a court of any jurisdiction. Thus, the notary—as the ultimate holder of the commercial record—is higher than any judge inasmuch as no judge can act without the record. The great value to us is that through the notary we can place unimpeachable evidence into a court case for the record.
It is crucial to understand the following:
1. The commercial tribunals (courts) of the US and the States are in the private equity/admiralty jurisdiction of the alleged creditors in bankruptcy, the IMF, et al.
2. As admiralty courts the tribunals deal in matters of contract in which the defendant is presumed to have contracted (on land) to be “on the ship” where “the captain’s word is law,” one is “presumed guilty unless proven innocent,” and the burden of proof is on the defendant to prove that he is not guilty (i.e., prove a negative).
3. As equity courts, the ultimate arbiter of a matter is the “conscience of the court,” which is how the judge happens to feel that day, and is not anything accessible by a defendant. There is no “conclusions of law and findings of fact” issued (since it is in equity, not law), nor are there any facts, nor does any documentary material evidence exist established on the record of a case (an attorney, as we have discussed, cannot be a competent witness).
4. Since these commercial tribunals function in a private admiralty/equity jurisdiction that does not have any capacity to access law. It cannot deal in facts (reality). It must deal on color of those things, i.e., assumptions (color of facts). The assumptions become “facts” when both parties agree—stipulate—that they are true.
5. You cannot invalidate one assumption with another assumption; you can invalidate an assumption only by placing facts in evidence on the record.
6. Anyone in dishonor in any legal proceeding has forfeited his capacity to state a claim upon which relief can be granted, and must legally/commercially lose if the other side remains in honor and proceeds correctly.
7. If both sides of a dispute are in dishonor (which is normally the case, since all attorneys argue and dispute, as do most pro se litigants), whoever is ruled as the winner is a function of the judge’s discretion, concerning which he has carte blanche to proceed as he wishes.
8. If we can enter documentary material evidence as facts on the record and require the judge to take judicial notice of that evidence, we have a platform from which we can win, because without stipulations the other side has no evidence (facts) to support their claims.
9. As a result of the above, it is logical to conclude that not only must we place our evidence into court in any case in which we are involved, have the judge judicially notice it, and act on it in a way that provides us with a win, but placing evidence on the record and causing its existence to ensure that we prevail is the only reason we should ever go to court or even deal with a court.
10. We must act from the beginning, and ever and always, for the purpose of setting our evidence on the record in any case in which we might have to be involved so that we can not only win, but—if we act correctly—make money (perhaps a considerable amount) from the situation.
The next logical question is: How can we place evidence on the record in a case? The following means may be deployed for entering evidence on the record:
1. Deposition;
2. Testimony in open court;
3. Affidavit (not as good as the first two unless one can cross-examine the affiant on the witness stand);
4. Entry of evidence into the record by a notary.
Of all of the above-cited methods for entering evidence into a case, the fourth method, the notarial process, may be the most desirable. By so doing one may enter the evidence one chooses by a means that must be admitted as evidence on the record, which no court can refuse to enter, and do so preferably without having to endure the time, effort, and expense of depositions and attending court proceedings.
We must always remember the following:
1. Stay in honor and never dishonor anything or anyone (including police, officials, judges, and even attorneys). Your opponent(s) must go into dishonor on their own, of their own volition.
2. Put the issuer of a presentment in a position of having to “put up or shut up.” I.e., place the burden of proof on him.
3. Establish all documents substantiating our claims on the record of the notary and the evidentiary record of any court case involved with the transaction.
4. Relate properly with everyone involved, especially the court and judge, so that you can make the best use of your situation, i.e., prevail and also make money.
5. Do not talk for any reason that does not serve your interests, and be prepared as much as possible to know what you wish to accomplish, what not to allow to happen, and the proper way to say what can succeed in achieving the results you desire. They must have your words, your admissions, and even your legal determinations, to hang you.
6. Never make an offer (a supplicant, dependent position). Be an acceptor instead. The power is in acceptance, and without acceptance we cannot win.
So the tangible steps/processes/documents involved in dealing with any presentment consist of several phases:
1. Execution, filing, and notice of foundational documents stating rights, standing, and capacity;
2. Administrative actions concerning a presentment, both pre-court and non-court;
3. Documents and dialogue in court;
4. (If the issue is a mortgage, securing both legal and equitable title to the property as well as right of possession must all be done);
5. Collecting on the money.15
15 Collecting from dishonoring persons can and has been done, but a discussion of the process is beyond the scope of this article. It is enough at this point to master the essentials, execute necessary paperwork, and remain free of debt and incarceration.
In the event they ignore everything we do, we can proceed to collect from them by a number of possible means, including “non-judicial strict foreclosure,” as outlined in Chapter 9 of the UCC. We can also instigate a bankruptcy proceeding in which we are “debtor in possession” (and thereby able to accept or reject all offers), they are delinquent creditors, and we can request that an offset be performed that results in our collecting against their bonds, equity, or risk management department.
Part III—Civil and Criminal Charges
Presentments Index
