2-23-10 creditors in commerce AFV February 2010 get Zacks call on 2-22 for OID and
Hank sent a link for Gordon on 2-22-10
Brandon
Accepted for Value…….the power of acceptance; all money as you know it is obligation;
you create money thru your acceptance of an obligation. How many of you receive bank
statements in the mail and prefer positive numbers rather than negative on the
statements? If your balance is below zero it means late fees and more; if its above zero
you see it as having value for you—we like the positive number showing the asset.
What about your credit card statement? What about your electric account statement or
your gas account statement. None of these things say bill or invoice; they say statement
or account statement. So if I have a positive number on my account statement is it a bad
thing; is it possible there is an asset there?
If we look at our bank or electric account statement and it shows a positive number, it’s
an asset because it’s evidence of an obligation; even your bank statement is evidence of
an obligation. You are just the authorized representative of the bank and that is the
bank’s obligation. On the electric statement there is a n obligation and if you accept that
obligation you have created currency, money.
Typically what happens when you get an account statement is you do what is called a
novation; it goes from an obligation to being an obligation of the United States and you
do that by virtue of sending them federal reserve notes which are United States
obligations. A novation is exchanging the debt of one to the debt of another. So it went
from being someone’s obligation to being an obligation of the United States. The
electric company likes the United States, because they trust and have faith in the US and
that the US is good for it’s promise to pay, which is what a FRN is. If I sent them a
promise to pay do you think they’d be happy with that? No, they’d say, Brandon who?
Who’s Brandon, does he have his own flag, nation? How much wealth does Brandon
control. The novation that you are doing is actually creating more debt. You create debt
when you spend FRNs and that becomes an obligation of the United States. So, I just
ordered lunch. When the lunch lady returns, she will want FRNs. Before I give her the
FRNs whose obligation is it? Mine; it’s a private contract. She used her private money
to create the lunch, her labor, her resources. We are in a contract; I filled out a piece of
paper with my order; that’s a contract.
If I were to give her a promissory note when she gets here with the lunch, and say, hey
I’m good for this, someday when there is money in circulation, I’ll give you some money.
She’s not going to want to go with the bank with it; if she was a banker she’d like it and
she’d say, oh, sweet. She knows how to monetize it and take that obligation and re-venue
it. She probably doesn’t operate as a bank so she wants the US to be indebted to her. So
if I give her FRNs the US debt which is like 13 trillion, just went up $20. not a lot, but it
all adds up when you take what everyone is spending for lunch today on the planet, that’s
a considerable amount of debt being created for lunches.
1
If there is an asset, why would I want to create more debt? Is there a way for me
to use that asset to set off the debt as opposed to discharging the debt as I did with the
novation with FRNs; it moved the obligation from one party to another. But setoff is
clearing the debt; there is no debt. How do we setoff our debt? One way is accept it for
value, so this asset is your unlimited capacity to set off debt, to create money, to incur
obligations. You have that capacity and no corporation does; what is a corporation
without people? Nothing; it doesn’t do anything without people and it can’t create
money. Only people can create money through their will and through their signature.
When you, with you will, accept the obligation, you can access that asset to set off
the debt, so rather than taking FRNs and paying it, we have been working processes and
procedures where we realize that the statement is money. It symbolizes an asset and
money. What we are doing is accepting it for value, putting a deposit order on it and
writing a money order off that asset that we just deposited to set off the debt. The
company that sends us the obligation, the statement of account, does not have the
capacity to access our asset.
They’re asking us, please access your asset and setoff this debt. The language of
acceptance, of accepted for value is significant in that it symbolizes honor in the contract,
and it symbolizes the acceptance of the obligation, meaning I’m not refusing the
obligation or putting the obligation on somebody else. This is what you do when you pay
with FRNs, you are not paying the debt. You are simply moving the debt; it’s no longer
your debt, it’s debt of the US. As creditors we don’t want to see harm and the good of
the community is very much connected to how we operate this corporation. This
corporation is neutral—it’s not bad, it’s not good, it just is.
The more I look at it, it seems that this was all set up by geniuses and is
absolutely a marvel because it recognizes our unlimited capacity to contract, it recognizes
our unlimited capacity to create wealth with our energy and to drive the system. It’s been
set up in such a way we could build a utopian society. We could use it to build or to
completely destroy the planet; but it’s not the corporation itself that is responsible; it’s us.
What I’m going to show you is a sample statement: this is an accepted for value
statement which is done at a 45 degree angle and this would be an overlay on an account
statement. This is the oldest version I’m aware of:
Accepted for value (that statement has a value, a positive number, not
a negative number; the electric company doesn’t show you a
negative number; the obligation has a positive value; all money is
obligations; did you know you could sell your invoices, to your
bank; it’s money, an obligation; just like all the US debt in the
form of FRNs; all obligations in a bankrupt society where there is
no money, is the money.)
Exempt from levy
(enclosure is what they ask you to put in the box on
All those instruments; an artificial fence around one’s estate. We
are the credit. Or we authorize, execute and create credit. What is
no exempt from levy are public obligations….see where we get into
re-venue here? Exemption means private; our birth certificates
2
Signature
are only traded on the private side of the market and are exempt)
levy takes something. What creates a lien? Obligation, breach of
contract, accepting a benefit or privilege, you got yourself into a
trust and you don’t have to be made aware of the terms of the trust.
If you accept FRNs, they don’t belong to you. If it is exempt from
levy, it’s mine, it’s private, it’s contract and not a benefit or
privilege. When you use FRNs you are consenting to all kinds of
codes under contractual obligation and they are not exempt from
levy. Our acceptance for value created money which is exempt
from levy because this money is not legal tender, is not public debt,
it is a private obligation. If I send in FRNs to discharge the debt, I
have re-venued, created public debt that can be levied and liened.
Leverage contract—an agreement for the purchase or sale of a
contract for a future delivery of a specified commodity. Is levying
a form of leveraging?
Besides the form…..what this shows is intent; can a corporation
have intent or will? No. this is an autograph (think, author,
authority, the symbol for gold is AU. Signature shows intent and
that’s powerful.
Date
Exemption ID Remember we said exempt from levy. If this deposit order was not
under the exemption ID, then the exemption ID would not be
necessary. If I’m not depositing this to the US treasury to charge
an account then I don’t need an exemption ID. I could say
accepted for value, exempt from levy, signature, date and done.
Who can do anything with that; only a skilled banker who can
work on the private and public side, like the internal re-venue
service. That’s why we use the exemption ID, because the IRS
knows what this number is and knows the significance of this
number. Most people have a 9 digit number they’ve had for a very
long time. Typically the number appears xxx-xx-xxxx; that is the
public side of the account. We’ve done a foundational series, and
you need to be familiar to with HJR192. Check the living temple
classes as they move forward. The significance of the private side
and the public side…..the IRS has to access both sides and are revenuing. Private-public; not all entities have that capacity.
MacDonalds cannot move from private to public as a corporation.
The IRS deals with specific entities that are holding your assets.
They can access your asset and they can discharge or set off debt
with your asset; this is what is called a restrictive endorsement, or
a special endorsement. Have you ever written for deposit only?
Gordon write on the back of his checks: deposited for credit on
account or exchanged for non-redeemable federal reserve notes.
This strict endorsement basically limits what they can do with this
asset you have now created. If I just sign the back of the check I
pretty much leave it open how they negotiate it. I have granted
3
and conveyed my interest in the instrument to whoever I passed the
instrument to with my endorsement. That’s right out of the UCC.
You grant and convey your interest and we do it here with specific
restrictions. If I was to just sign this and endorse the back of it,
I’ve created value, but they can do whatever they want because I
have abandoned my interest. I have granted and conveyed my
interest of this asset to anyone, the holder in due course. The
holder of the instrument has all the rights in the instrument. The
holder of an endorsed instrument holds all the rights to the
instrument. You endorse your check and give it to me? Now I
have all the rights in that check. You have no more right in the
check. You have no interest in the check or the assets it represents
Deposit to United States Treasury.
And Charge the same to JOHN W. SMITH
123-45-6789 So, I am restricting what they can do to this by saying ‘deposit to
the US treasury. This all caps name represents a public account
and that accounting is being charged by the deposit so now I am
still granting the interest by endorsing it; but, it’s a restrictive
endorsement because I have ordered what the interest it to be used
for. Even if I endorse the back of a check for deposit only, I have
restricted my bank with what they can do with that instrument.
They can deposit it only. If I say for deposit only to account
number xxxxxxx, now I have restricted the bank even more. The
UCC has information on all the kinds of restrictive endorsements.
If I just write without recourse, now there’s no liability. I can
write billion dollar checks on accounts that don’t exist and sign
them without recourse. I’m not the liable one; the liable one is the
last one who endorsed the instrument. If I write you a check for a
billion dollars and mine says without recourse, and you flip it over
and endorse it, the bank will come after you, not me; I’m not liable
because of the endorsement that I put on that instrument. The
endorsements that you put on instruments are significant. I will
get together with Deepok and Zack and we will do a class on the
UCC. Using the phrases will tie in and bind everyone you contract
with. ‘exercise of ordinary care’ is a very significant phrase.
when you hand your accepted for value statement to a judge in a
courtroom and he says, what do you want me to do with this, I may
ask him, do you not have the capacity to exercise ordinary care
with that instrument? If you don’t, do you know who does; who
should I give this instrument to that can execute it? The UCC is a
standard and is how all business is being run internationally.
When you look at the plethora of codes in the legal system, they all
conform to the UCC. If you read just the section on warehousing
you’ve got the prison system wired. Prisons are just warehousing
property for the payment of a debt. The property is the body. The
body is your property and you granted and conveyed an interest to
4
them to hold it in their warehouse until your debt was paid; that’s
all that is happening. Or, I conditionally accept granting and
conveying my property to you on the condition that you provide me
with the bonafide claim and or the consideration. If you cannot
provide consideration or a bonafide claim them you accept my
terms of reserving my rights and interest in my property. I’m in
honor and this is an actual phrase I used when a sheriff’s
department wanted me to give them fingerprints and a picture. I
didn’t want to dishonor them so I conditionally accepted the offer
you on the condition that you provide me with the bonafide claim
and or the consideration. Almost sheriff’s deputy walked away,
gave me a stupid look and said, huh? Except for one who asked
me what kind of consideration. This was contracting. $10K will
be sufficient, knowing that if I said 25 cents he couldn’t do that; so
I said 10K. he disrespectfully declined in rude language. So, we
get acceptance for value, it has a face value; we created the
money. Exemption from levy; it is our private asset, it is exempt
from levy and I am asserting my rights with that one statement.
My will and intent with my autograph. A date, and then the
exemption ID because it is relating to the deposit order, just like
‘for deposit only’ and you write in the account number. It’s more
like a bill of exchange because I have two accounts.
Now, we’ll get into the example of a statement and where that acceptance
statement would fall. “Urgent, we intend to levy on certain assets, please respond now.
To avoid additional penalty and interest, pay the amount you owe within 10 days from
the date of this notice. Our records indicate that you have not paid the amount that you
owe. The law, contract, requires that you pay the tax at the time you filed your return.
This is your notice as required by IRS code sect 6331b of our intent to levy (take) any
state tax refunds that you may be entitled to if we do not receive your payment in
full….in addition we will search for other assets we can levy. We can also file a notice
of….. “ all of this foregoing is an offer. This is the top section of the statement and I
have the coupon cut off. I’ll show you the top half and then the bottom half.
This could be my electric bill, credit card statement, any statement of account for
evidence of obligation. The words, phrases and method that I am using, what I’m sharing
with you, doesn’t really change. Just because the IRS is seemingly part of the
Department of Treasury, it doesn’t mean that this language is specific to IRS debt or to
treasury debt, and that the language we use cannot be used on any other obligation. In
reality, for a long time, we were sending in AFVs straight to the CFOs of the
corporations. We got success here and there on rare occasions because some of these
CFOs knew what to do. Not all CFOs know what to do. Those who do got these
monetized correctly and got the debt set off and it showed on the statement. This was
showing that the method from my understanding, when using the AFV where someone
needs to be able to access the private and the public. Who better than the re-venue
service.
5
If this is your electric bill, it still has the same language and still goes to the same
place. The internal re-venue service can go in and grab the asset and pay the electric bill.
So there you see the same statement you see already. Notice this is written at 45 degrees.
Putting this at 45 degrees is showing this is not the original document and whenever you
do a banker’s acceptance you either do it at a 90 or a 45 degree angle to the language of
the obligation. Go online and look for banker’s acceptances. They are as simple as
‘acceptance,’ and the banker’s signature. Pay to the order of so and so. Restrictive
endorsement—that’s what is going on. Go google this and look it up. The banker’s
acceptance is in the public and is what a bank official would do. It’s just the acceptance
and the signature, plus pay to the order of, deposit to, whatever.
What is a coupon? It’s money. Somebody yesterday had all these coupons and
said, ‘coupons are as good as money.’ I said, they are money. If you have a $2 coupon,
you have $2. it’s restricted to something, but it’s still $2. this coupon goes along with
the statement you saw. It’s still attached. Don’t detach it. I had to do this for sizing and
presentation today.
What did we do with the top half? We deposited and charged an account with it.
Right? So what will we do with the bottom half? We are going to use it as a draft
against the deposit we just made. We just deposited an asset. Now we are going to draw
from that asset to make a payment. We are going to draft.
First you want to write on the money order:
Money Order do it in blue. Write it out. Now we are changing the form of the
Coupon. Look at this, it has a box. Do you know the significance
Of a box? Whatever is inside the box, it’s an artificial fence.
Whatever is there, isn’t there because of the box. So there’s no
value to this if the amount is in the box. This doesn’t even have a
value to it. What good is a dollar bill with no dollar on it. This is
worth zero. The charged account, in a box. Notice there’s
interesting information, such as routing information, and now the
same number without the dashes…is it 2 sides of the account?
Question: when you revenue, you go from private to public and
that’s the significance of the dashes. When I have the dashes are
there with xxx-xx-xxxx that has a special significance; that’s a
public number because it is on the front of the social security card.
Everytime you loan the bank money, what is the one thing they
need? The social security number. You loan the bank money.
Maybe privately you can get along without that identifier, but not
through a financial institution. Because financial institution is a
pass through of sorts and can request and access your credit. If
you are not operating as a bank, you can’t. you can establish
yourself as a bank….we can establish several banks. Another
class, another time.
Pay To: United States Treasury
6
Who am I paying to? This is language you see on every check or
draft. This one says pay to the US Treasury. If this was my
electric bill what would it say? US Treasury. Are you confused by
that? The reason why my electric bill, IRS bill, on the coupon is
payable to the US Treasury is because who has the capacity to
move between the public and the private? The re-venue service
under the US Treasury. The US treasury operates on both the
public and the private sides. So, remember I deposited the asset
and charged an account with it. I charged the account with the
asset and now I’m paying it to the treasury. This coupon already
has routing information on it. If it were my electric bill the routing
information would be very different. Look at all the coupons on
the bottom of your statements; they all have routing numbers. The
treasury has to know where to set off the debt by that routing
information. I haven’t experimented enough to see if this will work
without the routing information but I’ll let you know. I do know it
has worked without routing information but the only time was with
public entities like courts, county treasurers where the US
Treasury has a direct line into them anyway. If Bill, my local
water guy, sends me an invoice, and he does put a coupon on the
bottom of it, but not routing information, I don’t know what will
happen without the routing numbers. The treasury doesn’t
necessarily have a line into Bill’s account. They may just have to
send Bill a check, because all the information is on here, right?
We know who the beneficiary is, the obligor, the oblige; we know
all the parties involved, so the treasury could just send the check to
Bill. If I send Bill, the water guy’s coupon with his name and
address and my name and address, there’s no reason that the revenue service shouldn’t be able to figure it out. Question: what
about the numbers on the back on the social security card?
Answer, we’re doing other things with that number. I’m not saying
you can’t use that number but it’s like a bond number and has
connections to the federal reserve account. We thought that by
using that number and the routing number that we could directly
connect to an account and handle public transactions and through
our research we found out that it’s possible but it’s going to take a
lot of work to establish ourselves as a bank. We have to establish
our relationship with the federal reserve, the SEC, the DTC, and
fill out copious amounts of paper work and then we could do direct
drafts. The number of the back of the social security card becomes
significant for that. Right now, because we are putting this in
through the treasury, they don’t need that number. They recognize
our SSN with and without the dashes. That’s how they see the
private and public sides of the account. Otherwise, the thing about
the number on the back of the SS card, is that it is more like a
security identifier. You can get 10 social security cards and each
7
will have a different red number on the back. Question: is using
this style to address other types of bills, utility, credit card, have
you learned not to send to CFO because the CFO doesn’t know
how to handle it? But if you send them to the IRS to make good on
it, they know how to make good on it? Answer: exactly. They
know what to do with it and we are going to specific IRS within the
treasury; not just anywhere in the IRS or just anywhere in the
treasury but to specific locations where they know how to handle
these types of things. Question: what is the success rate?
Answer: the feedback from our group is that it’s the most
consistent; it’s not 100%, but those that aren’t working probably
have something wrong in the form or something else. A lot of
people see this and they put pay to: and they put the electric
company instead of the IRS. We don’t know how people did this,
where they mailed it. There are several variables. This is also
about who you are and you’re understanding of where you come
from for getting your remedy. For me, it’s no big deal to send
anything to send anything to the treasury. I’ve sent them billions
in bonds; I’ve had CID and treasury agents show up at my house
and question me about bonds. I know who I am and what I am
doing, so there is nothing fear-based about it. If you are uncertain
or have any fear around what you are doing, good luck. Your fear
will be what brings you down and holds you back. Just like when
you are standing in front of a judge. Before you do anything in the
court….the first time I was in court, I thought I knew stuff. And I
was still messing myself when I was standing in front of the judge.
I can’t teach you this; you can have the best vocabulary, know all
the principles, recite this backwards and forwards, but I can’t
convey to you how to get beyond the fear you will feel in front of
an agent or a judge. Even an attorney. Now I laugh at attorneys;
I laugh at them in court. Some people get scared if an attorney
sends a letter or calls them. Now I love to be in front of judges
because they are the only ones who get it, and I get to play this
game in front of guys who really get it and they will really test me
on it. Attorneys and police don’t know anything. Trust me, they
don’t know contracting and they think they have authority over you
whether you grant it or not. Woman: I want to share this:
Brandon says to get control of things. So I’ve been trying to learn
to control my own banking. You start looking at your ledger, the
other ledger, where do I put my signature, and where does that fit
on my ledgering? Title 18 USC and title 12 says we have the right
to endorse these instruments. Title 18 talks about the agreement
they have to set off the debt for us. If you follow through on the
ledger and choose the correct tax form to report your ledgering
aren’t they guaranteeing that they are following up? Well, I can
control my ledger by doing this quarterly. Brandon, for a long
8
time I’ve done promissory notes, bonds, beautiful instruments. But
I knew it was significant to keep my own ledger, because that was
what showed I was the grantor, the paramount security interest
holder, another UCC term you should all know. I have the
paramount security interest and then I have control.
Amount: Eight Thousand Five Hundred and 00/100 dollars $8,500.00
I have to write to write the $8,500.00 again, because on the
example I’m showing you it’s in a box and it doesn’t exist.
Date
the date is important because it shows the moment in time of the
intent; it places it. Question: you actually use the word dollars
even though we are not dealing in silver? Brandon, see that $; it
only has one line. Words can have many meanings. Comment:
once I did a voucher and I gave them 10 days. If they don’t follow
up you abandon, unless you respond back. We’ll do this in another
session. You just got re-contracted. Did you give terms to the
response, to respond by notary, or by affidavit? Brandon, the way
I respond, I give them the terms of response that are sufficient. If I
am submitting an affidavit an acceptable response is an affidavit to
my affidavit. It they send something and it isn’t an affidavit, it’s
frivolous. If I don’t say anything about their failure to make the
process, then I’ve abandoned the process and accepted their terms.
When they ignore the terms they show their intent; when I do
nothing, then I show my intent at that time. So there’s a new
agreement. So you have 45 days. Do a conditional acceptance.
Go to article 4 UCC, the IRS doesn’t need 45 days. Respond to
IRS, they are suggesting that you didn’t send a payment, you sent a
correspondence that requires a review. Your acceptance can be if
you do this, I’ll do this. Keep it simple. All the numbers in
commerce are in the bible, and private and public contract. You
are required in banking to handle an instrument in 72 hours and
exercise ordinary care; if not you violate good faith. On the public
side, ti’s times ten so the accounts don’t turn over every 3 days,
they turn over every 30 days. Question: do I have to have a UCC1
filed to do this and can I ask for a pay off statement from my lender
and do this with a pay off statement? Brandon: you can do this
with the payoff statement. The UCC1 is notice. Just remember, he
who fails to assert his rights has none. Do I need a public notice
to assert my rights? I can walk right into a court room and ask,
does anyone here have an interest in the defendant? Does anyone
here a claim against the defendant? There being no other claims
of interest on the defendant or the defendant’s property, I as the
paramount security interest holder in the defendant and his
property order ………. In reality it’s unchallenged. Why do I need
a UCC1? They won’t challenge my interest; they have none. They
represent fictional things; if they say they have a claim, then
really, who are you here representing? I represent the United
9
States. Well, you get the United States in here and let them tell me
they have a claim. Can the United States show up in court? No.
Can California show up in court? No. The County of Orange?
No. Only people can. And if people are representing a bunch of
dead things that can’t make claims, they can’t make claims either.
I laugh at attorneys with their complaints and summons, and the
only thing I see them swear under penalty of perjury to are
statements like ‘these are true, these are my clients’ allegations; I
swear he alleges these things.” Okay, so you are swearing that
your client is telling stories; what weight does that hold in any
reality. You don’t see the words for what they are. Whatever they
sign under penalty of perjury is never attached to anything with
any weight or assertion. They may have allegations, meaning
we’re not saying he did or he didn’t. but they won’t sign an
affidavit for certain that this is what happened or that they have a
claim? Question: a couple weeks ago I tried to do the paramount
security approach in court and they wouldn’t let me come into the
bar under the terms and conditions. It was for a speeding ticket
and I wanted them to present an instrument so I could pay it then
and there. Brandon: Why as a paramount security interest holder
would you be there to discharge the debt? You don’t know why the
hell you are there. You learn the words and you don’t know the
meaning of the words at all. If they won’t let me discharge a claim
then let the record show that any and all proceeds made from this
case, ticket, charge, be forwarded to me, the paramount security
interest holder. Question: are you talking form outside the bar?
Brandon, I’ll do whatever I want. I’m there to protect my interests
and I don’t care if they don’t let me see the instrument or
discharge the instrument. I just care that in the end I am the one
getting paid. If I put a lien on your house with a UCC1 and your
bank goes to foreclose, they have to send me a notice. If I don’t
respond to that notice, they don’t have to pay me. If I respond and
say I have the paramount security interest and any proceeds they
get from selling the house have to go directly to me, my interest is
first in line, first in time and paramount to any security interest
that you hold. Now that puts them on notice, that if they sell the
property I am going to get the proceeds. You have to understand
what it means to be the paramount security interest holder and
why you are there. You are there because they are jeopardizing
your interest. You have an interest in the defendant’s property, in
the defendant and they are claiming to have a claim or a charge
against your property that you have an interest in. if you are there
working a trick, trying to get out of a ticket, because you think its
your ticket. It really isn’t your ticket and has nothing to do with
you. Question.. the judge ran for the door. Brandon, why didn’t
you take charge of the court; the judge abandoned the court to
10
you. The officer said you are going to be arrested in 5 minutes.
Man said he conditionally accepted his offer to arrest him and
there will be $1 million for the arrest for you, the judge, the county
and $1 million per day jointly and severally. The officer said,
whatever, so the man said you are accepting my offer. The officer
said what is all this are you crazy? The man said I conditionally
accept your offer upon proof of claim that you are not practicing
psychology without a license? The crazy question never came any
more. Brandon, don’t get too complicated; ask questions back.
Once a treasury agent asked me first thing, are you a US citizen?
Why would he ask me that? That made me think, so I asked him
what’s a US citizen? Someone born in the United States? What is
the United States? (there are 31 definitions for the United States
in the US code, so I’d better be asking). How can I know which
one he’s talking about. What does born mean? The man, I had 5
officers around me; the judge walked in. They said they were
going to take my OR away from me and I didn’t know what it was.
I was asking what it was, so I would know what it was. The officer
let me go. Brandon, Kevin did a refused for cause on a ticket, and
they revoked driving privileges in Wisconsin, and he had never had
any in Wisconsin. It was over. They made it sound like there was
a problem, but he had never had the privilege. Man, they sent me
something saying I didn’t appear. Brandon, no, they said the
defendant didn’t appear. Are you the NAME? Brandon: you may
get a bench warrant, having a 72 hour lay over…in reality why
don’t you do this process. Always make a copy and keep it, and
send them a copy and tell them to correspond with the treasury as
they are handling it. Remember, if they improperly respond and
something didn’t come in the form that you stipulated, then it’s
improper…frivolous. Brandon: I used this on a private contract:
Refused for cause: reason: insufficient/frivolous.
By: sign your name here in the lower right hand corner of the
Coupon and put your exemption number; if you want, you can put
Authorized representative, but when you put By: and sign it that is authorized;
you could use AR..
Gordon said that when the assistant warden was signing
documents on his behalf it said For: followed by the signature.
We did a think on quantum language and the significance of
prepositions such as for, by, of and with. By; is authority; for: is
cause. You can cause execution but not necessarily authorize. If
you are doing this authorized capacity you are assuming a
liability. If you are doing it, stipulate or assert that you are not
assuming liability. UCC1—308 without recourse, says you have
been issued a claim and you are authorizing that claim to be paid
through the treasury and you are no longer liable. We are
authorizing payment. Brandon, in reality you are not liable;
11
whose name is on it? The corporation is liable. Woman: if I am
assisting, if I am the trustee taking care of the liabilities of my
beneficiaries, we do the AFV for our beneficiaries. Brandon, By:
that’s the trustee. This could be the trust itself. In reality the
trustee is signing in the authorizing capacity and is assuming some
liability unless without recourse. What you are saying in the cases
where you have done federal and state taxes, you have more
success with that language than not. Woman: I just did the money
and I put my signature without recourse and I didn’t do the back
and it was $48K for one of them and $50K for another and they
were both successful. I didn’t even have the AFV at the top. That
was a year ago. I sent them directly to the state franchise tax
board, so I think that without recourse is important, but be clear
about who you are executing this for, on whose behalf, and whose
ledger is affected. Brandon: there are multiple ledgers being
affected here and if you are acting as trustee for that corporation
you may be keeping the books for the corporation. Remember that
a liability on one side is an asset on the other side; and an asset on
one side is a liability on the other side. Man: I did my own
voucher and put ‘without recourse’ on it. Question: if you put
without recourse wouldn’t you terminate your interest in the
signature? If you endorse the back you already abandon your
interest. If without recourse abandons your interest in the asset,
you are doing it also by putting an unrestricted endorsement on the
back gives all the interests and rights to the holder in due course of
the instrument. Holder in due course has fiduciary responsibility.
Reverse side, sample coupon, money order:
Endorse it like a check
This is just like a check, it’s the mirror image, wherever the bank
would have you put the writing on the check. This is intent. A lot
of the native American treaties were not signed; all they had to do
was hold the pen and the representative of the US put something
on the page. The natives couldn’t write in the language so they
were told they would just touch the pen; it was intent. It’s like we
have an agreement. There was a case of rent, with a tenant
agreement between the landlord and the tenant and the agreement
was for $2500. the tenant signed the written contract. Remember
you asked about something being written? Judges will throw the
written out the door. Written stuff means nothing; it’s all about
your conduct in the contract. The tenant for the first 4 months paid
$2000 per month and not $2500 per month. Five months into it,
the landlord started harassing the tenant for the extra $500 for the
last several months. The tenant said no he didn’t. landlord said
he was going to kick the tenant out. So they went to the judge and
she said to the tenant, did you sign this agreement. “your honor, I
12
did sign the agreement and I must have overlooked the amount that
was stipulated on the agreement. I was of the understanding that it
was $2000 per month. How much did you make the checks for.
The tenant replied $2000 per month. Did you send them to the
landlord? She looks at the landlord and asked what he did with
the check. He answered that he deposited them. So the judge said,
well then you had an agreement didn’t you, (for $2000 per month).
The judge found in favor of the tenant because the landlord had
determined the terms of the contract by his conduct and the written
document was meaningless.
Here are the 3 addresses we send these to: the top one seems the most
appropriate. If it’s IRS debt, send it to Ogden; if there’s a lien attached use
Covington, Ky. Use the other 2 as data integrity boards for any processes you
have done with the first one. (in other words if you send to one and don’t get
response, send to one of the other two for accountability of the first one you sent
it to).
Brandon: This example is close to one have on the website. This is identical to
Doug Riddle. This is more like Doug Riddle’s than anyone we have done before.
I used Doug Riddle’s information. I used the same IRS statement and coupon. If
you do this what happens with drivers license points? Brandon, there are different
ways to handle different things. If you are attached to the privilege to drive you
won’t want to jeopardize it. I’d walk into the court and say your honor I’m here
to plead guilty to the facts and I wish to effect payment immediately. I’d have my
checkbook with me and my pen with me; how much is the penal sum or the sum
certain on those charges? Then pay it. You’re not in dishonor; guilty means to
pay and not argue, fight and create contempt. When you got the ticket you were
already found guilty. The ticket is a notice or promise to appear in court based on
your signature. They tack on penalties and the sum certain may be different. One
individual read a script with this on it for a $400 ticket and the judge said I know
what you are trying to do and I will allow you to pay the clerk and it was $91 the
penal sum, with no penalties that made it $400. Don’t get tricked, go right then to
pay the clerk. You must have your checkbook in hand. End of tape.
13