Now that
all government corporations have been dissolved under legal
foreclosure as a result of the OPPT's UCC filings, we must all learn
the “rules of engagement” so to speak under which we are to
interact with each other in this new corporationless landscape.
Common
Law
Common
law is the law of the land and her people, where all individuals are
100% responsible and liable for their own words and deeds. The
individual is free to do as they choose so long as they do not
infringe on the life, liberty or property of anyone else.
So the
basic rule of life is: Do no harm, honor all contracts, and there
must be an injured party or damaged property for there to be a crime.
Disputes
are resolved in a Common law court, which has no bar, no lawyers, the
individuals present themselves, all language is that of common usage,
and a jury of 12 peers make the ruling based on centuries of case law
and established precident.
Maxims
and Affidavits
Common
law operates with Maxims of Law which is “an established
principle of law universally admitted as being a correct statement,
or as agreeable to reason.” Black's Law Dictionary.
Examples:
A
workman is worthy of his hire. - It
is against equity for freemen not to have the free disposal of their
own property including their labor.
All are
equal under the law. - No one is above the law.
In
commerce truth is sovereign. - To lie is to go against the mind.
Truth is
expressed by means of an affidavit. - Sworn truth.
An
unrebutted affidavit stands as the truth in commerce. - He who does
not deny, admits.
An
unrebutted affidavit becomes the judgment in commerce.
A matter
must be expressed to be resolved.
- He who fails to assert his rights, has none.
He
who leaves the battlefield first loses by default.
- He who does not repel a
wrong when he can, occasions it.
Sacrifice
is the measure of credibility. - He who bears the burden ought also
to derive the benefit.
A lien
or claim can be satisfied only through rebuttal by counter-affidavit
point-for-point, resolution by jury, or payment. - If the plaintiff
does not prove his case, the defendant is absolved.
An
affidavit is a written declaration made under oath before a
notary public or other authorized officer giving the document legal
status and force of law.
It
is a maxim of American law that any statute contrary to the
constitution, which is the supreme law of the land, is null and void
and no citizen is bound to obey an unconstitutional law.
Contracts
and Contracting
All
commerce and all law is based on contracts. We all possess the
unlimited right to contract with anyone else. There are several
requirements that must be met for a contract to be considered valid:
There
must be offer and acceptance between parties.
There
must be signatures of both (all) parties on the agreement.
There
must be an exchange of valuable consideration. Both parties receive
something of value.
There
must be full disclosure. All terms and conditions must be conveyed.
Contracts
must be entered into voluntarily, knowingly and intentionally.
Coercion invalidates a contract.
There
must be a reasonable guarantee of performance. For example: A
“little person” could not guarantee to reasonably perform
the tasks required of a professional basketball player.
Contracts
involving minors, contraband or signed under duress are
unenforceable.
No third
party can intervene in a valid contract, terms can not be changed and
rights can not be transferred without the authorization and approval
of both (all) involved parties.
Honor
and Dishonor in Contracts
There
is an administrative process in place that enables parties to resolve
their own issues and disputes without involving the courts. Both
parties must remain in honor in the process or lose by default.
A
presentment is an offer to contract. You may respond with honor or
dishonor.
To
respond in honor, you must either: accept the
presentment; accept with conditions, also called a counter-offer; or
refuse and return the offer with honor (within the proper time
frame).
To be in
dishonor, you would either: ignore the presentment
(which is a form of acceptance); or disagree with and argue the
terms. In either case, there is a dispute that turns into a
controversy that must be settled in court by a judge.
Example:
You
receive a letter that says, “According to our records you owe
us, Company X, $10,000.00. Please contact us within 30-days to make
payment arrangements, or the entire balance will be due and payable
in full.” This is an offer to contract.
If you
accept their terms, you make payment arrangements and
are thereafter subject to all their rules and regulations regarding
that agreement for as long as you owe them.
If you
accept with conditions, you reply within 30-days with a
counter-offer. “I agree to pay the full amount you claim I own
if you produce a document with my signature that proves I am legally
liable to you or Company X, for this alleged debt.”
Now,
thanks to the OPPT you can return the presentment to the individual
sender (if there is no name or signature on the document it has no
power) or call Company X and ask for the manager, and include a
Courtesy Notice addressed to him.
If
Company X is a collection agency, also known as a third party
interloper, who was never a party to the original agreement, they
will not be able to produce proof. So if they do not respond within
30-days with proof of claim, they are in dishonor, repudiate the debt
and lose by default.
Now you just need to complete the proper
notification process (as detailed in the Administrative Process
section below), and your position is legal and solid. If you use the
Courtesy Notice, send them an invoice.
If
the original contract proves valid and enforceable, your
counter-offer
could be: to pay a reduced amount; or upgrade; or trade; or some
other more agreeable terms. If they accept your counter-offer, you
sign a new agreement and honor those terms.
If
you submit a valid form of payment (negotiable instrument) they must
accept it as payment. If they keep it, the bill is discharged. If
they return your valid payment instrument, or refuse an offer to pay,
you are no longer obligated to the debt. If you are making a minimum
payment and an effort to pay, they can not take any action against
you.
If
you refuse and return the presentment within the 30-day
period based on a flaw in calculation or error in the offer, they
must correct and re-present their offer, beginning anew. You must
return the original document with your refusal. If you keep it, you
accept it.
If
you ignore the presentment and do not respond within
the 30-day period, you have effectively agreed to all the terms as
presented and are now liable for the full amount they claim.
If
you argue, before or after ignoring the presentment;
within or past the 30-day period, it becomes a controversy that must
be settled in court.
Administrative
Process
You
must properly document all contact and interaction with anyone
wishing to contract with you. If anyone calls you on the phone,
record their name, number, date and time of call. Instruct them to
stop calling, that all future contact must be made in writing.
Record the date and time of all calls after this, even if you don't
answer them.
You
will require proof of delivery so send all correspondence via
certified mail. Go to the post office and pick up six or more green
certified mail receipts and return receipts before you begin (or
print the delivery notice from the USPS tracking web site), then
include the receipt number in the heading of all your letters, so
there can be no doubt what certified mail number goes with what
letter.
If
you are dealing with a creditor, they have by law, according to the
Fair Debt Collection Practices Act, thirty days to respond with proof
of claim or repudiate the debt. Otherwise, you can give them say ten
or fourteen days to respond to your counter-offer.
If
they do not respond within the prescribed period of time, or they
respond but do not provide the required proof of claim (or whatever
your counter-offer requires), you mail a Notice of Fault and
Opportunity to Cure, which they must respond to within the ten
day period or be in default and dishonor.
If
they do not respond, you mail them a Notice of Default with Final
Opportunity to Cure. If they do not respond, you mail a Finial
Notice of Default and Certificate of Dishonor. This finial
document should detail all the facts of the case to include all
contacts and the steps of your process, sworn true and complete by
you under penalty of perjury, witnessed, signed and stamped by a
Notary Public. This gives the document full legal status.
So
the order is: Presentment received; Counter-offer sent; Notice of
Fault and Opportunity to Cure; Notice of Default with Final
Opportunity to Cure; Finial Notice of Default and Notarized
Certificate of Dishonor.
Any
action Company X may try to take against you after this point is
unlawful and actionable. You can take all your documents to the local
court house and file for a Summary Judgment to include damages, where
the court just stamps your order and now you have the power of the
Marshall’s office who can and will enforce court orders.
You
may legally at this point file UCC 1 Financing statements and place
liens against, seize and liquidate the personal property and assets
of the individual offender(s) named in your documents, or threaten to
do so in order to get them to back off. This is the same system the
banks use to foreclose on people and take away their homes. Now we
know that it can be also be used to our own advantage.