This process provides the missing link in the procedure we need to state a claim, whether the claim is to collect on a monetary debt or to exact some sort of performance, from our opponents. For years, we have gone into courts, kicking and screaming, for a remedy against those who would take our hard-earned money, or attempt to compel us into performing an alleged duty. The courts could not hear us, because we had no commercial energy to take any action, let alone ‘bring’ an action into their court. Our commercial energy was given over to our opponent, when we drafted him, or re-drafted him. He remained silent ninety-nine percent of the time, or came back with argument (which usually began with the statement, “We will not respond to your unfounded statements...” then was followed by two pages of case cites to show you where you were found wrong in other courts!), both of which are dishonor. But we never realized HOW to get back the commercial energy the opponent retained by arguing or remaining silent.
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Now, we have figured out that the missing step was to go to protest, i.e., to have a neutral third party object (protest) the other party’s keeping the ball, preventing us from scoring.
The judges must have loved it when we plunked down $350 for an appeal, or a writ, or a replevin action, or whatever we did trying to get remedy, because we were just throwing good money after bad. Without the ability to proceed, we were wasting our time. Now, however, we know that protest is evidence of the dishonor of the other party, which reverses the high/low, or honor/dishonor positions. Think about it. It’s what they’ve been doing to us, without calling it that, so as to not let the cat out of the bag. Now we know why the prosecutor never shows up in a traffic case. You were in dishonor 72-hours after getting the ‘ticket’, if you remained silent to the citation the traffic cop issued until the day you were told to show up. The court took silent notice of your dishonor, let the witness who saw your violation tell the story, then ruled against you, no matter what you said because you had no power to say it after the dishonor.
Doesn’t the story of the Supreme Court ruling regarding the cop in Texas taking the woman to jail on a seat-belt violation, say it all? The court ruled that, notwithstanding the
Texas statute that prohibits cops from taking you to jail on an infraction, the cop did nothing wrong. If you read the ruling with the understanding that the cop DID NOT take her to jail on the statute, or in violation of the statute, but on her dishonor - she argued with him at the scene, remember? - you can see that the honor/dishonor procedure is right on point!
Notice that going low first, making the opponent high, gives him the commercial energy to carry out your draft. You may want him to pay you, or to cease and desist, or to produce proof of claim. If you did your conditional acceptances and negative averments correctly, he is probably going to dishonor you, unless he decides to roll over and carry out your draft. This way, you will have achieved the agreement of the parties before coming into the court, so the substance is not at issue any longer, and the court is reduced to a ministerial duty - based on the evidence before it, which is that the only claim on the table is the claim of the notary who tried to get acceptance on the draft, and certifies that the dishonor of the opponent was deliberate! Remember, there are only four ways to respond to a draft: (1) accept and carry out - the IRS says “You owe $20 million”, so you pay it; (2) conditionally accept and re-draft, with the CA4V and the negative averment, which says “Sure, I’ll pay you, upon proof of claim!; (3) argue - who are you, what’s your authority, I don’t owe that much, or whatever; and (4) remain silent.
If they have been relying on us either arguing or remaining silent, and going to protest behind our backs, (which is probably what the ‘arraignment’ is, but if they told us, they’d let the cat out of the bag), then turning the tables is going to prove to be a lot of fun! You simply protest their arguments or their silence, and there is no controversy regarding substance any longer. And who says so? You? Nope. The neutral third party, officer-ofthe-court! And his testimony is worth that of two other men. So, now you’re before the court with your notary and his evidence. The judge has an administrative, not judicial, issue. This means it is strictly procedural, where NO DISCRETION IS ALLOWED.
Remember, a judge, when acting judicially has immunity. And why is that? Because he’s at risk when he has to decide between two ‘presumptions’ - yours and your opponents, and
God help him if he chooses the ‘wrong’ one because neither of you ESTABLISHED the
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matter before you got there. So, he wants protection and the legislature gave it to him.
You’d want it too, if you couldn’t tell which guy was lying. But, if you go low to your opponent, giving him the opportunity to produce his claim and he doesn’t do it, where is the controversy?
Substance issue is over. Down and out! Now the judge gets to rule administratively, ministerially, where there is no immunity. Do you think he wants to risk his career? It matters not, because protest isn’t limited to substance and your opponent.
This ‘going low’ to become high also is important in procedure. You go low to give the court the power (commercial energy) to help you make your claim. So much for the argument “Don’t give them jurisdiction”. You may still be stuck in the fog about what jurisdiction really means. From Ezekiel 44, God told the Israelites that He would give them the kind of judges/priests they deserved. That meant that if the people followed the law, they would get the Sons of Zadok as judges. If the people disobeyed the law, God would see to it they would get the profane priests, the Levite priests - a case of the profane getting the profane judges they deserved, and be treated with profanity! If you remain honorable, that is, conditionally accept and re-draft, without arguing, without remaining silent, you have shown the court you are honorable, and the judge will put on the ‘hat’ of the Sons of Zadok priest. This doesn’t mean that he will immediately roll over for you, because he must test you to make sure you are not an imposter. And, he must test you three times, to make sure you actually know what you are doing, and are doing it deliberately, and didn’t just get ‘lucky’. But, you will have convinced him you are a child of God, honorable, deserving of being treated with honor, instead of with profanity, as traitor, or 14th amendment ‘citizen’ must be treated.
You will also see the importance of going low to become high if you find a judge who does not understand the procedure, or, who just wants to make sure you know what to do next.
In the past, one of the remedies we sought when we knew we were right, was the petition for a Writ of Mandamus. It was great, as far as it went. However, without realizing the high/low, honor/dishonor procedure in play (they don’t call them State actors for nothing!), we were denied, without comment. Now we realize that asking the higher court to command the lower court to grant us a particular ‘remedy’ was to request the impossible. How could the higher court command the lower court, who, by protest, was proven to be in dishonor, when a party in dishonor has no commercial energy to carry out any command? If, on the other hand, however, we asked the higher court to grant the petition for a writ of mandamus, or in the alternative, a writ of prohibition, we’d get what we want, because the prohibition is the opposite side of the same coin! EXAMPLE: If you ask the higher court to command the lower court to release your property, or in the alternative, to prohibit them from retaining your property, which part of the order aren’t you going to get? Get it?
So, you can use the protest to protest substance, in dealing with your opponent, so that you win the case before you get into the court, and your only claim is “This neutral 3rd party has evidence that the opponent is in dishonor”, leaving the judge with his mouth shut. And, you can use the protest to insure that procedure is correct, by ruling on nothing but the evidence before the court. This makes it a ministerial duty, since your opponent will not
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likely be able to show your notary ‘did it wrong’, and failing to perform a ministerial duty subjects the court to the petition for the writ of mandamus/prohibition.
1.
Take the responsibility of supplying the notary with all the envelopes, stamps, and
Certificate of Mailing postage he or she will need to do ALL THREE STEPS, along with labels bearing the addresses of the recipients of your papers, so gather these first. The labels will be used on the envelopes and the Certificates of Mailing (CoM), or Certificate of Service (COS) and the Notary is not your personal secretary. You may address the envelopes and the CoM’ s yourself.
2.
Make sure your draft* is in the file you will take to the Notary, along with a copy of it for each recipient, AND the proof of service, be it (a) Certificate of Mailing, (b) green
RRR’s (Return Receipt Requested cards), or (c) a certificate of service signed by a friend attesting that he or she mailed the draft. * = administrative judgment, re-draft
Conditional Acceptance for value (CA4V), etc.
3.
Have the Notice of Dishonor (NOD) AND the Notice of Protest ( NOP) BOTH prepared with all the blanks filled in except the information the notary puts on the paper. NOTE:
If you have already done a notice of dishonor, by a different name, have a copy of the
NOTICE authorizing proceeding to the next step, included, then omit taking copies of the draft to the Notary, as the NOTICE will substitute for the copy of the document.
4.
The Notary checks the evidence that shows the recipients whom you claim have dishonored your draft, have actually done so. He or she must make sure that the draft and the Notice of Dishonor and Protest Notice correspond as to the action the draft requests.
That is, if the draft requests performance, the performance must be indicated. If the draft requests an outstanding sum of money due, payment must be demanded. The Notice of
Dishonor is the Notary, a public official, an officer of the court, demanding to see if the dishonor was intentional. The main job of the Notary is to COLLECT EVIDENCE against the dishonoring party. It is not the job of the Notary to find out if you are or are not a certain ‘kind of citizen’, a specific status, or any such thing. They just need to know if your claim that your instrument has been dishonored is valid.
5.
The Notary, satisfied that the Notice of Dishonor correlates with the intent of the draft,
AND that you delivered the draft to the recipients, by whatever means you elected, then signs the Notice of Dishonor, and mails it with the CoM. By sending it to the recipients, he is giving the recipients one last opportunity to SHOW it was not their intent to dishonor. [DISHONOR is any argument or silence to your delivery of the draft.]
6.
The Notary makes note of the day he delivered it to the postal service, and, allowing for a day or two each way, marks the response due date on his calendar, or tickler file.
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7.
If no response is received from the recipients, such as carrying out of the draft (payment, cease and desist, correcting the record, or whatever was requested), on the due date, the
Notary issues a Protest Notice.
8.
He or she uses the same procedure as in Step One, sending the Protest Notice which corresponds to the draft, to each recipient, marking the date the response is due.
9.
If no response is received from the recipients, which should be similar to requesting relief from default, the Notary moves to the final step. The importance of all three steps is that the dishonored party can now show due process was given to the recipients, by a neutral third-party whose signature is the equivalent of TWO non-officer-of-the-court people, AND that the dishonoring parties INTENDED the dishonor. The final step is the
CERTIFICATE OF PROTEST (COP). The form ‘certifies’ that on such-and-such a day, the Notary presented the dishonored instrument and demanded payment/performance, and that he did protest, and hereby protests against the recipients, and adds in the costs and damages and interest now due (if applicable). He must then certify that he deposited, postage-paid at the post office, giving the location, written notices of dishonor, signed by the notary, addressed to each recipient (giving their names and addresses), directed to the parties to be charged, and stating he believed the addresses were the known place of residence or employment.
10.
The notary only sends an ORIGINAL certificate of Protest, to you, the dishonored party. I have modified this to where the entity receives an original and an original goes in the Notary record book (single binder for each Notary Protest filed)
11. You now have the certificate of title, showing that title of your adversaries, rests elsewhere, i.e., with the notary, who is on-call to testify on your behalf to the dishonor of your adversary, whenever you need it. Attaching copies of the ‘Certificate’ to affidavits in support of conditional acceptances in the procedure arena, cautions the judge that evidence exists in the PUBLIC record, that the other side is without commercial energy to proceed against you. Their trick is to remain silent while the judge tests you to see if you know the power of what you’ve done, so you simply conditionally accept the court’s offer to proceed upon proof of claim the evidence in the public record DOESN’T show the purported
‘plaintiff’ lacks energy to go forward, upon proof of claim that the prosecutor’s silence isn’t an admission he knows his status as ‘debtor’ prohibits him from speaking at this time, and so forth.
12.
The dishonored party may now initiate an action against the dishonoring party(ies), by formally requesting payment in satisfaction of the debt, if any, or performance. Add the costs of the notary and postage, etc., to monetary amount requests.
13.
The Certificate of dishonor and the dishonored draft are presented to the court where the defendant lives or conducts business, and should prevail in a summary judgment or petition for writ of execution (if the draft was a judgment), or as evidence of a judgment in filing a UCC-1 against the ‘debtor’, since the paperwork from the Notary is considered parol evidence, and is admissible as the highest form of third-party evidence, rarely contestable. YOU WIN! The dishonored instrument, without the notarial evidence, is insufficient, as evidence, making the protest a fundamental step in prevailing.
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NOTE: Documents you may find in public handbooks or books written by attorneys, which claim to be notices of protest for financial institutions or marine protests, are not sufficient as is, for most people ‘outside’ the system.
14.
Evidence of the non-acceptance of (draft name) Conditional Acceptance posted on
(date) AD2004, addressed to
15.
requesting proof of claim, appears in the record, as silence by the recipient(s).
Notice is hereby given that the draft herein named has been dishonored, and no reason provided, by the drawee or other party(ies) who can be compelled to perform or pay the instrument, subjects the drawee’s failure to accept, perform/pay the instrument timely, to formal protest.
Noting for Protest
16.
The undersigned hereby requests payment/performance on the instrument herein cited and attached, and presented to drawee for acceptance, by any of the drawees or agents of said drawees, for payment forthwith, before formal protest is rendered, as an operation of law.
17.
This Notice of Dishonor shall serve as evidence that refusal to accept or pay is without cause given, creating estoppel against recipients as to the matter at hand.
DATED: the day of the month, in the year of our Lord, Two thousand and one, [ , AD2004] near (County) republic.
________________________________________SEAL
Notary Public
My commission expires on:
************************************************************************
PROTEST NOTICE
TO:
Please take Notice that on the day of the the month , AD2004, before me,
, Notary Public for County, personally appeared
(Your name here), Secured Party/Creditor of the ship or vessel known as
(STRAWMAN’S NAME HERE), registered in STATE OF , SECRETARY
OF STATE’S OFFICE a financing statement, # dated , AD and declared that on the day of the month, AD , said vessel/transmitting utility was attacked and damaged by fraudulent, and henceforth unsubstantiated claims and breach of fiduciary duty, by public vessels named
, and having experienced the failure of producing any claim, or ceasing and desisting the seizure of private property entrusted to fiduciary, committed a dishonor of a demand for restitution tendered the Day of the Month , Of the year of our Lord, AD ,
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hereby enters this Note of Protest, to serve and avail him hereafter, if found necessary, upon looking to you for payment, in order that you may now be looked upon for liability for damages, of which you hereby have notice.
{seal}
Notary Public
******************************************************
CERTIFICATE OF PROTEST
STATE OF )
) ss.:
COUNTY OF )
Be it known, that on the Day of the Month, in the year of our
Lord, Two thousand and two, at the request of (your name here) , of , , I, , a notary public in and for the State of , duly appointed, commissioned and sworn, residing in the City of , County of , and State aforesaid, presented the annexed draft of (your name here) , for certificate of proof of claim or cease and desist, at the drawee(s) and demanded performance thereof which was refused for the following reason:
.
Whereupon, I, the said notary public, at the request of the aforesaid did protest, and by these presents do solemnly protest against the drawee, beneficiaries, and all parties whom it may concern, for exchange, re-exchange, and all costs, damages, and interest already incurred, or hereafter incurred, by reason of the non-acceptance thereof. And I, the said notary do hereby certify, that on the same day and year above written, I deposited, postage-paid in the post office at , ,
, written notices of the dishonor of the said instrument, signed by me, addressed to the drawees and beneficiaries thereof, directed to the parties to be charged, as follows:
[Each of the above named places being the known place of residence or employment of the persons to whom the said notice was directed respectively.]
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal of office.
{SEAL} Notary Public
My commission expires:
*****************************************************************************
A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor
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occurs. The protest may be made upon information satisfactory to that person. The protest must identify the instrument and certify that either presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
What is a protest of commercial paper or negotiable instrument?
"A protest is a written statement by a Notary indicating that payment for a negotiable instrument
- a check or promissory note, for example - has not been received. Failure to pay as promised is called "dishonor."
"(A bill of exchange is a written order from Person A, the drawer, directing Person B, the drawee, to pay Person C, the holder, a certain sum of money…) The Notary's protest certificate is a written declaration detailing where and when the bill was presented, and the reason the drawee (the person obligated to pay) refused to pay, among other particulars. By presenting the protest to the drawee and other liable parties, the Notary is issuing public notice that the holder can seek damages for the dishonored bill."
The National Notary , November 1986, p. 21.
Why does it exist?
"The purpose of the protest is to formally recognize the dishonor and set 'into motion' the formal process required to start the civil legal proceeding to secure the payment of money."
Notary Public Handbook: Principles, Practices, & Cases, National Edition, by Alfred E.
Piombino, 1996; p.125.
How does it work?
"A common instance which may require the notary public to perform a protest is when a sight draft (i.e. bank check or share draft) is presented for payment to the financial institution on which it is drawn and it is returned for non-sufficient funds (NSF). In other words, the payee (or the payee's bank or credit union) presents the check to the issuing bank, and there is not enough money in the account to cover the full payment of the check." Ibid., p. 126.
Example: John Jones (drawer) writes a check from his account at Wells Fargo (drawee) to pay for a refrigerator he bought at Sears (holder). Sears deposits the check at its bank, Citicorp, which presents it to Wells Fargo for payment. However, Wells Fargo, noting that John Jones is overdrawn, denies payment of the check (known as dishonor). Sears eventually gets the NSF check back and tries to get John to pay up. If John doesn't make good on the check, then Sears
(or Citicorp on behalf of Sears) can request a notary public at Wells Fargo to protest the dishonored check. The notary attaches a certificate of protest to the NSF check (notice of dishonor) and sends it to Sears (as protester) and another original to John Jones. Sears presents the protest with the dishonored check to civil court and takes action against John Jones.
Who should do the notarial act?
For the most part, commercial protests are highly technical documents that someone very familiar with bank practices can draw up. They are antiquated and largely obsolete in our modern society. Our recommendation, and that of most notarial experts, is to refuse to do it - unless you are a bank official who understands the law about this very well. As you can see, doing a commercial protest is not even in the notary public statutes, but in the banking laws, which should tell you something about the required expertise. Unless you are an expert in what is
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presentment and dishonor of that presentment, you should not do a protest. Note as well that notaries are not the only ones who can execute protests of commercial paper.
We follow procedure and what is outlined in the Notary handbook. We also follow the UCC, so there is nothing illegal or unlawful about this process. In California, the Notary's handbook (which is readily available to anyone with internet access) by going to the California Secretary of State's web site and then to the Notary division and download the free manual. In the written version (also free to the public) on page 22 it denotes section 8205 Duties and the number one (1) duty is:
To demand acceptance and payment of foreign and inland bills of exchange, or promissory notes, to protest them for nonacceptance and nonpayment, and, with regard only to the nonacceptance or nonpayment of bills and notes, to exercise any other powers and duties that by the law of nations and according to commercial usages, or by the laws of any other state, government, or country, may be performed by notaries.
There are 3 other duties listed...it is interesting to note that the protest is listed as the first duty.
Under Section 8208 is listed: Protest of bill or note for nonacceptance or nonpayment. The protest of a notary public, under his or her hand and official seal, and of a bill of exchange or promissory note for nonacceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein:
(a) The time and place of presentment.
(b) The fact that presentment was made and the manner thereof.
(c) The cause or reason for protesting the bill.
(d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.
Under section 8214.1 Grounds for refusal, revocation or suspension of commission
(d) Failure to discharge fully and faithfully any of the duties or responsibilities required of a notary public.
Further research indicates this: Section 8214.15 Civil penalties
(a) In addition to any commissioning or disciplinary sanction, a violation of subdivision (f), (i), (l), (m), or (p) of Section 8214.1, or a willful violation of subdivision (d) of Section 8214.1 is punishable by a civil penalty not to exceed one thousand five hundred dollars ($1,500).
(b) In addition to any commissioning or disciplinary sanction of subdivision (h),
(j), or (k) of Section 8214.1 or a negligent violation of subdivision (d) of Section
8214.1 is punishable by a civil penalty not to exceed seven hundred fifty dollars
($750).
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Please contact me at 916-391-1576 to verify any & all documents before you send them, my mailing address is:
Peter Dorsett
5960 South Land Park Dr. #213
Sacramento, California 95822
Fax: 775-890-7856
Note: My name on file with the Secretary of State's office is:
Vincent P. Dorsett
I charge $100.00 Federal Reserve Notes in advance (or money order or check made out to Peter Dorsett) for each entity named at one location. If more than one location is required than a separate Notary Protest is required.
I send the entity in question original blue inked signed & notarized documents with my tracking numbers assigned. I also send back to you when the process is complete the same blue inked originals and I keep one copy as the official record keeper. When you send me your documents, I will need two copies of all of your documents. One goes back to the entity and I keep one copy for my records. The more evidence you provide me, the stronger your case becomes. This includes such things as copies of how you delivered your documents, i.e. USPS mail receipts & green cards if you sent via this method...or affidavit of service if you hand delivered the documents. By including as much in the way of how you delivered your documents and with affidavits, you build a very strong case.
In lieu of not being in my presence, I have included a sample of an affidavit in support of a Notary Protest that you would fill out with your pertinent information, go before a local notary, have them notarize it and include this in your documents that you send to me.
Please contact me before you send the documents so that I can ensure that you are not delayed in your process by not including certain documents on your part.
Thank you for your inquiry,
Peter Dorsett
Peter@theinfowizard.net
(Your name goes here) without prejudice
(your address goes here)
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(Your) County )
) SS .
(Your State goes here) )
I, (your name goes here), hereinafter Affiant, having first hand knowledge of the facts stated herein, being competent to make these statements, do hereby state the following facts: To wit,
1. Affiant received a commercial presentment, also known as, (State the nature of the presentment here along with the address of the entity that is making the claim against you), hereinafter Presenters.
2. Affiant prepared a Conditional Acceptance For Value, which was served on
(Presenters-state here who you are making this conditional acceptance to...) at
(Presenter receipt goes here or FEDEX or however you sent the presentment) posted (the date you mailed it goes here).
3. Affiant is in receipt of a (green card, PS Form 3811...if this is how you sent it out), signed by Presenters Agent, dated (Whatever date that you received it back from the
USPS), acknowledging receipt of registered mail (USPS mail tracking number goes here). (See photocopy, Attachment 1)[If you are using FEDEX or UPS, so designate it here with their tracking number].
4. Response to Conditional Acceptance For Value of Affiant through (the date that you sent out your conditional Acceptance) 2004 is silence.
Affiant declares the above facts to be true, correct and complete to the best of his (/her if two of you are filing) knowledge and belief and hereby submits the Affidavit knowing the penalty of bearing false witness before God and Man and under penalty of perjury under the law of (your state goes here).
Submitted this (whatever day you appear in front of your local notary) of the
Month, AD___________2004
________________________________
(Your name printed here)
__________________________
(Your Signature)
(Your) - state
JURAT/ACKNOWLEDGMENT
) on the land and beyond the sea
)
)
(Your) county on the land )
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and beyond the sea )
On this _____day of _____________AD 2004 Signor did personally appear before me, is known to be the person operating in the requisite capacity for signature described herein, who executed the foregoing, acknowledged the contents thereof; and executed the same as his free act and deed. Subscribed and agreed to before the undersigned.
Seal/Stamp
________________________
Notary Signature
___________________________
Printed name of Notary
My commission expires:
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