The woman at the creditor can’t send the promissory note back because she has already negotiated the instrument. No one ever gets promissory notes or BOE’s returned because a debt tendered and refused is discharged. She kept the note, and wrote a letter saying that she doesn’t accept promissory notes. But her actions speak louder than words. She accepted it. So it has already gone in to the corporate liability account, but it didn’t go into the corporate asset account for ledger. A debt tendered and refused is a debt paid. We sent an IBOE to a bank and they negotiated it and said they returned it. But they didn’t return it. They deposited it and it became cash proceeds. So whenever you send them the note or BOE, they keep it in their deposit system and it becomes a cash item. They get a cash receipt for the deposit. If you don’t understand accounting, they get away with the theft of your instrument. In reality, you gave them the instrument to settle and close the account. Your instrument is an asset to you. It appears that you created a debt instrument, but the opposite is true. The government has no authority under the constitution to create money. So only the people can create money. So we are the originator of money, so we are the creditors. But they make you believe you are the debtor as if they are the creator of money. The only way you have an accounting of the instrument is in the bookkeeping. And they are keeping the account on the off balance sheet ledger. If they know you know what they are doing, they won’t try to hide it. When they go to a collection agency, they are selling the account as a trade receivable from the asset side of the banks ledger. If the bank is trying to collect money, the evidence of that debt owed on their books is on their asset ledger, accounts receivable. If you gave them a promissory note, they have to record a debt to you on their liability ledger. When the US citizens became enemies of the state in 1933, they were not required to notify them of their assets. They are not required to notify enemies of their assets during times of war. They are not required to return enemies of their assets. So they are kept on hidden books. When you send the collection agency the above letter it creates a fiduciary duty for them to go back to the principal to check the off balance sheet liability ledger to determine if the account has been paid and if your claim is correct. This principle applies to the IRS and the courts. They only want to discuss what you owe them, and ignore what you pay them. The reason they tell you that your negotiable instrument is no good, is that under the Trading With the Enemy Act, they cannot allow you to create your own negotiable instruments or use your own assets. All they have done is keep the ledgers separate. The receivables book has not been ledgered. That is why the collection agent says they have not given you credit and you still owe the money. The debt collector buys the account receivable in good faith without evidence of its accuracy. It is like a charging instrument. The attorney says pay up or we are coming after you. Under civil rules of procedure, rule 13, commerce is adversarial, so they are not required to tell you the whole truth. It is mandated that the defendant return a counterclaim with facts proving that the charge is untrue, which is an affirmative defense. A claim is an account that has matured for debt collection. You must show you are a creditor. The charge is a presumptive claim with no evidence. A notice of lien or levy has no evidence of a claim. It is just a charge. A notice is a claim of jurisdiction. A counterclaim is not a dispute or argument. Disputes are not permitted. If the merchant had brought a claim, it would have be a fraud, because you already paid it. So they just give you a presumptive notice. It is an unsupported charge. There is probable cause with no evidence. You have to respond to it because it will become valid if you don’t. It is just a notice of interest. It can mature to a claim with your failure to respond. You have to accept it and return it with your notice of interest, which is a counterclaim, within 10 days, according to admiralty rules. Failure to do a specific negative averment of the facts alleged (rule 9) constitutes an acceptance of this fact as far as the courts are concerned. A notice of interest matures to agreement of the parties that they have a valid claim so they do not have to prove it. An unsupported notice of interest becomes an agreed claim. They are not guilty of fraud, deceit or trickery. Your failure to respond is the problem. Our responsibility is to rebut the assumptions and presumptions under the rules of evidence. Jean did everything he needed to do in-law and at-law to resolve the issue. The merchant handling the books was only handling the accounts receivable books for the corporation and was not privy to their accounts payable books, which are their liability books. The reason the corporations separate their bookkeeping is they can bring this woman in with a straight face and no knowledge that the other books exist, swear in court that she’s been handling these books for years and the account still has an $1100 balance. You sent in an instrument that had nothing to do with affecting the balance on the books she handles. When that corporation did a deposit of your promissory note, or BOE as a cash item receipt, that went into the other set of books that she doesn’t see. She can use her affidavit and swear that this account is still open. Whereas if you knew the accountant on the other set of books, and subpoenaed those books, you would find something on the ledger over there and there hasn’t been a transfer or exchange of information between the two sets of books. You need to bring the knowledge of that forward to a data integrity board hearing. “I don’t disagree with anything that this lady is saying, however, if you would go over to the corporate liability off balance sheet ledgers, you would find that there has been a set off deposited there and if you could see both sets of books, you would see there is a set off, which is a claim under civil rule 13, which I am timely invoking and I am asking you to look at both sets of books and do the offset balance and do the settlement and closure in this matter. Remember, the firm hired an attorney collection firm. The collector came with the charge to Jean. How many times has Jean been charged by different entities in this case? Twice, so they can have two or more witnesses. The first time he said to the receivables lady with the merchant, here is a promissory note. She made a determination that she is not going to accept it. But, the note didn’t come back. So now the corporation sells the account to an attorney and the attorney writes a letter to Jean. Jean raised a rule 13 affirmative defense in his letter back. Showing by the accounting what the problem was and describing the claim he would make in court. This attorney’s company is the second set of witnesses acting as the data integrity board trying to find out why you haven’t paid. So you should give them your records so they can compare your records with the corporation’s records and decide whose records are correct. Let him know that, ONE, you did not get the note back, so they are a holder, so they are liable on it. TWO, this was meant as a set off on the corporate liability books because they kept my note. They should have given him a cash receipt for the note. The woman in receivables is only looking at the corporate asset ledger. That is an affirmative defense and a set off claim that the law can recognize. The attorneys company can either go back to the corporation and close the case or else, if it goes to court, this is going to be my affirmative defense and my counterclaim in court because I have an asset that the corporation is holding of mine, that they failed to give me credit for. Where they made their mistake, is that they are likely carrying my asset on a liability ledger of balance from their accounts receivable. What I am asking you to do, as a data integrity board is to investigate to determine which one of us has the most sustainable evidence. The attorney firm was put there as an opportunity for you to have a second witness to look into the matter and settle the account. They don’t usually have to investigate the information that is sold to them by the corporation. They don’t have any probable cause to believe different. In an adversarial system, it is up to you to tell your side of the story. Every debt collector writes in his letter that; “If you have any reason to dispute this debt, let us know.” You have to send them your claim within 10 or 30 days. Do not argue or create a dispute. Simply give them the facts of your defense. Jean put in his note: A promise to pay, an order to pay and a notice of tender of payment and asked them to credit it to the accounts receivable. He should also have asked for a cash receipt. It would be fraud if the corporation kept after Jean, so they sell the receivable to a third party that doesn’t know the whole story. They are a new party. When a new party comes after you, they have no standing under the UCC to do it. But if you argue, it causes a new controversy. All you do is present your claim that shows you are the creditor in the transaction. The new holder has to be the data integrity board. So he is your best opportunity to settle and close. Don’t ignore him. The IRS has a notice of lien or levy. It is a charge or notice of interest. Don’t argue with them. You should rebut it under civil rule 13. Otherwise it stands as fact and they don’t have to prove anything. The government and their agents are here to test us. If we want to pass the test, we should have a claim for set off. We must act like creditors, not debtors. Jesus paid for all our debts. Jean did the Notorial protest on the note. It becomes the evidence that you put in your claim. It is critical that you register the note on a UCC3, to make it a public record. Victoria used a note to discharge her parole. However, she did not register the note on her UCC3. So it was never recognized in the public to settle and close the matter. So her charge was sold to a Hong Kong company who requires a wanted notice maintained on her as their notice of interest. You don’t need any evidence to issue a notice of interest. IRS notices of lien or levy are just notices of interest. You have 10 to 30 days to respond with a counterclaim. If you don’t respond, they have a claim by default. Arguing creates the IRS claim by default. We are a creditor when we discharge the debt, but we never respond timely with a counterclaim to show we are a creditor. Since the IRS is just a debt collector, they are the best place to have a data integrity board hearing to settle and close the matter.
Posted on: Sun, 25 Jan 2015 13:23:14 +0000
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