STEPS/PROCEDURE FOR DEALING WITH A
PRESENTMENT
Undertaking the steps for dealing with a commercial presentment/offer, i.e. “presentment,” is
predicated on the following events having occurred prior to commencing the steps outlined herewith.
These prior events are:
A. You have “captured your straw man” by filing a UCC-1 Financing Statement with the real,
biological being, indicated by name in upper- and lower-case letters, as the Secured Party and
your “nom de guerre” or corporate franchise, indicated by all capital letters, filed is the
DEBTOR.
B. You have likewise filed a Security Agreement in the Commercial Registry, either on the original
UCC-1 or a subsequent UCC Change Statement (a “UCC-3” in Washington), in which the
DEBTOR has indemnified the Secured Party by pledging all of DEBTOR’S property as
collateral against any kind of loss or harm that should accrue to the Secured Party as the result of
any transmitting utility activities of DEBTOR. Such loss or harm would occur, for instance, if
the DEBTOR, and thereby the Secured Party on whose behalf DEBTOR functions in commerce
as a transmitting utility and for which Secured Party signs as the accommodating party, is fined,
charged, or imprisoned by some commercial presentment having been issued against the
DEBTOR which the system deems to have been dishonored.
UCC 9-105(l) states: “’Security agreement’ means an agreement which creates or provides for a
security interest.” Black’s 6th states: “An agreement granting a creditor a security interest in
personal property, which security interest is normally perfected either by the creditor taking
possession of the collateral or by filing financing statements in the proper public records.” The
Security Agreement you file in the Commercial Registry is a binding, sealed contract between
DEBTOR and Secured Party which includes, inter alia, an itemization of the property/collateral
the DEBTOR has pledged to the Secured Party. All the property belongs to the DEBTOR but
the Secured Party holds all interest in it. Since the DEBTOR has pledged all of DEBTOR’S
property/collateral to the Secured Party, and a binding contract is filed registering and recording
that agreement and the Fidelity Bond posted by the DEBTOR to indemnify the Secured Party
against loss, no third party is able to state a claim upon which relief can be granted against
DEBTOR or any of the property pledged by DEBTOR to Secured Party. All commercial affairs
are the province of and interactions of commercial entities with, the DEBTOR, as per the text in
one’s UCC-1 stating: “All proceeds, products, accounts, and fixtures, and the Orders therefrom,
are released to DEBTOR.”
C. You have received an actual presentment/offer, not merely a notice, and still have time to deal
with it within ten (10) days of your receipt thereof. A presentment is a demand for payment or
acceptance, involving some kind of necessity to engage in specific performance desired by the
party issuing the presentment, hereinafter the “Offeror.” The specific performance occurs when
you fail to deal with the presentment properly—a dishonor—and the Offeror does a Banker’s
Acceptance of your dishonor of the presentment. If you simply pay he wins automatically; if
you fight or do nothing, you traverse or dishonor and are locked in to the commercial jurisdiction
in which they always win unless you have “captured your straw man” and properly dealt with
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their presentments. All arrests and incarcerations today consist of seizing the collateral/surety
(the real you) to pay the debt against the DEBTOR based upon their having done a Banker’s
Acceptance of your commercial dishonor and executed a Bill of Exchange with themselves as
Creditor and your straw man as DEBTOR.
Since any bill, presentment/offer, you receive from the system is a commercial instrument,
whether it is a traffic citation, tax bill, or summons to court, the procedure for dealing with it is
the same. With the exception of an alternate way to approach a traffic ticket within the first few
days of receiving it (which will be discussed separately), the steps herewith should obtain in all
cases.
For a document that is not a presentment, such as a notice, receipt, license, birth certificate, or
Social Security Card, etc., you should accept it for value, and thereby be the holder in due course
thereof and of all matters connected therewith and derived therefrom. For that (unless it is for
the Treasury, concerning which you always use the large Treasury stamp regardless of what the
document is), stamp a copy of your document with the following text:
ACCEPTED FOR VALUE
With all related endorsements, front and back, in
accordance with Uniform Commercial Code
3-419 and House Joint Resolution 192
of June 5, 1933.
You may affix your signature and the date underneath the text (in blue ink, of course), if you
wish.
D. You have sent your Actual and Constructive Notice and non-negotiable Bill of Exchange to
Lawrence H. Summers, Secretary of the Treasury, Department of the Treasury, to charge back
the debt against your bonded Birth Certificate from the public (debt/liability) side to your private
(credit/asset) side from which all the “money” in circulation is borrowed to pay on the interest on
the “national debt” and reorganization in bankruptcy.
Staple the entire set of documents you send to current Sec of Treasury together in a single unit
consisting of the following items:
ACN, Bill of Exchange, attachments stamped with the large Treasury “accepted for value” stamp,
an IRS 1040-ES with the amount left blank, filling in your all capital-letter DEBTOR straw man,
Social Security #, and statutory address. Affix a sticky note (Post-it) to the 1040-ES on which
you have written: “Please complete this form for me (pre-paid account).” The IRS calls a Bill of
Exchange a “UCC Contract,” and accepts them as valid. Any Bill of Exchange you send into the
Treasury is shipped to an IRS office in your state awaiting being matched with a 1040-ES, at which
point the IRS deducts the amount it wants in taxes from the amount of the Bill of Exchange. By
stapling the 1040-ES on the Bill of Exchange you short-circuit the time and trouble for one to catch
up with the other through the bureaucracy and mailings involved.
All of the mailings you do should be sent with proof of service (or even affidavit of service) mailed
by a third party, by Certified or Registered Mail. Each of the steps should be done within time
frames as herein-below indicated, usually approximately ten (10) days apart.
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Preliminary documents needed include:
• Affidavit of Service, “Proof of Service.”
• Security Agreement cover sheet.
• Actual and Constructive Notice to Lawrence H. Summers, Secretary of the Treasury.
• Non-Negotiable Bill of Exchange to Summers, one with value indicated, one without
designated amount for Summers to fill in.
1.
Make several copies of your presentment. Place the original, pristine (un-stapled and not
written upon), in a safe place. Never part with your original for any reason to anyone. Make
copies and deal with them. Stamp as many as are necessary (depending upon how many people
they must be sent to) with the following text:
This presentment is accepted for value, with all related endorsements front
and back, in accordance with Uniform Commercial Code 3-419 and House
Joint Resolution 192 of June 5, 1933; pre-paid; exempt from levy.
________________________________
[Name]
____________________
[Date]
The Authorized Representative
Sign your name and date the stamp using blue ink. Send back to the Offeror(s) (the persons
who sent you the presentment) with an Actual and Constructive Notice, “ACN-1,” informing the
Offeror(s) that you have accepted the presentment for value, “Banker’s Acceptance,” and that
each Offeror has 72 hours per the Federal Truth In Lending Act, to withdraw the offer or his
failure to notice you within the prescribed time constitutes a dishonor establishing you as
undisputed Creditor and holder in due course of the presentment and all matters attached thereto
and derived therefrom. Send by Certified or Registered Mail with 3rd party proof of service.
Ideally one should use an Affidavit of Service that is signed and notarially acknowledged by a
non-party to the action and mailed by him with your entire package. Each recipient receives an
original Affidavit of Service with the package.
2.
Wait ten (10) days after sending off the first mailing to see if you receive from the Offeror a
notice that the presentment/offer has been withdrawn (cancelled). If you receive such a notice it
means that the matter is ended as if it had never occurred. What is most likely, however (until
the system catches up with what is happening with this process), is that you will hear nothing
from them. In such case, on the 10th day send out the following items to the appropriate parties
by the specified means:
a. Send a Bill of Exchange to Summers, executed for the amount you have placed on your
Banker’s Acceptance of the Offeror’s dishonor and your status as Creditor and holder in due
course. Some respected thinkers concerning this process advocate printing your Bill of
Exchange on banker’s paper, certificate stock, since it is the commercial paper. The
argument against doing this is that it looks too much like a security, which might arouse
their ire, and regular 8½” X 11” white paper works quite well. It is also much easier to
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execute than doing a certificate on bank paper. In any case, send the Bill of Exchange to
Summers with an ACN and copy of the presentment on which you have affixed the large
Treasury stamp, signed and dated in blue ink. The set of documents you send to Summers
consist of:
•
ACN-2 of instructions to Summers, which includes specifying the amount as to how much you
are billing the Offeror. Because of the bonds and insurance issued on presentments, it is
recommended that one set a value of 100X the face amount of the presentment. If, for instance,
the amount of the traffic ticket fine is $300, make your Bill of Exchange for $30,000. Since you
are the Creditor and the Offeror is reduced to your Debtor devoid of defenses, you are authorized
to affix the value of the Offeror’s debt obligation owed to you.
•
Bill of Exchange for the above amount, executed on Banker’s Paper or Stock Certificate (this is
the commercial paper).
•
Copy of the presentment with the large Treasury “accepted for value” stamp, signed and dated by
you in blue ink. The text of the Treasury stamp is:
Non-Negotiable
Charge Back
Lawrence H. Summers or Office Holder
Secretary of the Treasury
_________________________________ accepts for value all
related endorsements, front and back, in accordance with Uniform
Commercial Code 3-419 and House Joint Resolution 192 of June 5, 1933.
Charge Treasury Direct Account Employer Identification # __________ for the
registration fees and command the memory of account # __________ to charge
the same the Debtor’s Order or the Order of Lawrence H. Summers or Office Holder.
Employer Identification # ____________
Pre-Paid - Preferred Stock
Priority - Exempt from Levy
Posted: Certified Account # ______________
Invoice # _______________________________
b. Send a thank-you letter to Offeror which includes the following items:
•
ACN-3 to the Offeror thanking him for his business, informing him that:
-He has passed the time to withdraw his offer;
-You are the holder in due course of the presentment/offer;
-You are established as the Creditor who has performed a Banker’s Acceptance on his
note whereby he is Debtor in the amount of the Bill of Exchange you have sent
to Summers;
-He must adjust your account.
•
Copy of everything you sent to Summers, with everything clearly stamped “COPY.”
•
Accounting letter informing the Offeror how to adjust the account.
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c. File a UCC-3 Change Statement, checked “amendment” and “partial release” in the action
line, adding the presentment, stamped accepted for value, to your commercial affairs and
putting Bill of Exchange on your UCC and (in the same filing) released from your filing.
Cite the accounting, which should look like:
Entered on account:
Partial release:
[Amount of Bill of Exchange]
[Amount of Bill of Exchange]
Balance on Account:
$0.00
3.
Ten (10) days after the above three (3) mailings, if you have received no notice from the Offeror
that he has adjusted your account, send the first notice of his requirement to do so, ACN-4.
Include a W-9 and let him know that if he does not adjust the account you require him to return
the W-9 to you with his fiduciary tax report or individual tax return (1040). Also inform him
that he is retaining the funds, refusing to clear the commercial account, and may thereby be
liable for the taxes on his unauthorized retention of the funds since the account has been
adjusted in the Treasury, discharged, and your account is pre-paid.
4.
Ten (10) days after sending the above first notice, send the Offeror a second notice. This notice
is similar to the first notice, but warn him that if he does not provide the W-9 and fiduciary tax
report or 1040 you will send an IRS Form 8300, suspicious transaction, to the IRS and an SEC
Suspicious Activity Report, which is sent to FinCEN in Detroit. This automatically goes to six
(6) different agencies (of the Federal Reserve): FRB, FDIC, OCC, OTS, NCUA, and
TREASURY.
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