Monday, March 11, 2013

Functioning With Honor in a Common Law State of Be'ing

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.

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.

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.

No comments:

Post a Comment