As always, not legal advice
When you get a letter or summons from any bank, government “agency”, corporation, or party suing you, you need to consider this concept. It is all BANKING and presumption that “you” are a liable entity.
Simply rebut the presumption you are in fact the fictional corporate NAME. Do not reply AS THE NAME, but do reply and rebut their presumptions right away, and let them know they did not serve the right party. It's all about NOT voluntarily walking into their fictional jurisdiction.
More on avoiding adhesion contracts and presumptions
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I just went to the mailbox and Capital One is suing me. I just got the court papers in the mail today from my county courthouse, its for 2 credit cards that total around $21,000.
The paperwork says I have until April 13th to make some sort of reply either accepting the charge or arguing against it (in so many words).
I KNOW YOU DON’T OFFER LEGAL ADVICE. But please, any suggestions you can give to help me would be greatly appreciated.
Thanks,
Derric
Derric..
In ALL cases you MUST rebut their presumptions (offer) within 72 hours – it’s commerce and failure to do so is deadly in Admiralty Law!! Doesn’t matter what date they say in their letter, it’s probably a lie to get you in default because you didn’t rebut within 3 days and hope you don’t know about this.
You still can after 3 days, but it gets more difficult. After 10 days, you’re automatically in default of their offer and in dishonour!
Try to address the actual man/woman that’s the origin of the letter, not the secretary that typed it. There should be a name and signature at the bottom telling you who it’s from. Don’t address them as “Mr.”, try and get their full name or just first and last name.
Rebut as many of their presumptions as per the 2nd video RIGHT fkn NOW in a Conditional Acceptance letter – example:
1. Who the fk is this guy called “you”
2. PROVE that Capital One actually LOANED Us 21 grand and that you REQUIRE proof of this from all of their ledgers
Remember to use banking terms. Instead of “me” or “i” to describe yourself, use “We”, “Us”, “Our”. You’re always the bank and they are opposite, such as “you” and “yours”.
Be nice and state in your letter that you received theirs on XX date where XX keeps you within your 3 day (72 hour) time limit. Then send it away.
You can also sign as “Person’s Personal Representative:” if you don’t get the meanings in the vid. But actually sign it or it won’t be valid.
If they reply without satisfying your conditions in however many days you desire (10 to be fair or even 7) or have gone silent, send them a letter back immediately (notice) explaining that they didn’t satisfy your conditions and that as a courtesy, you’ll give them another 3 days.
If they then still haven’t replied satisfactorily or have gone silent after your final time frame of 3 days, send a Notice of Default to that effect and NOTICE them in that default letter that any attempt to take action against you now will see damages charged against them. Keep all correspondence. You have won by default and they’re screwed.
If they (or anyone) now try to get you for it then you have the paper trail necessary to show to anyone or a court that the matter is resolved through their default and that the proceeding should not have been done. Remind them of the damages.
If you’re mailed some kind of threat about this issue, make a cover letter explaining their default, attach copies of your correspondence and that should be it. Any further threats by them should be followed up with a civil case against the OWNER (firstname, lastname – not title such as CEO,Mr., Miss etc) seeking exactly the damages described in your correspondence.
There are other ways to do this but this is easiest and it’s worked every time for me so long as it’s handled immediately.
This is important though – if this is their FIRST communication to you then follow the above. If not, then you can try the above as if it’s your first communication but expect difficulties. If they reckon they wrote to you earlier about this issue, demand (nicely) that they provide PROOF of that communication.
ALWAYS be nice in your communications. Good luck to ya and godspeed.
Olly from Australia.
Oh yeah.. Forgot a very important thing:
Make a copy of their court papers (summons/offer) and RETURN THE ORIGINAL attached to your initial rebuttal. That basically tells them that you don’t want it so take it back.
I have a summons for roughly the same thing I didn’t get it in within the 72 hours but I did a conditional acceptance if they prove that I owe it. I sent 2 letters and I was just about to send the third looked in the mailbox and there was paperwork from there lawyer. They sent me just a bunch of paperwork about the card no signatures on it no contract or anything. What do you think the next step should be. I asked for the original contract with both parties signature and they sent me nothing of what i asked. Any ideas of what to do now I was studying about it and I think the next step might be a claim but not sure. For Derrick he is right get it out quick.
Hi Steve.
They obviously have nothing and therefore haven’t satisfied your rebuttal.
It might be a good idea to send the default notice to the first party to ensure it’s closed. Now, if these lawyers are already party to the corporation you were dealing with, send them the default notice as well, but with a cover letter basically saying their client has defaulted anyway.
What you’ll ALWAYS see on alleged debts they send you is only an amount of “$xxx.xx” etc. The “$”means nothing without the dollar amount written out in words AND specifying “DOLLARS”!! That’s called “Sum Certain”.
Ever try to bank or cash a cheque (check – American lingo) without writing out the full amount and in “dollars”? – EG: “Twenty five dollars and thirty cents”
If you provide Sum Certain the bank can’t accept it. And because you’re the creator of all EQUITY, the REAL bank, you can’t accept it either. So one of your rebuttals would be: “There is no Sum Certain mentioned in the amount” or words to that effect.
Why can YOU do that to a cheque to the bank but corporations can’t do it to you?
They’re not allowed when demanding payment from a sovereign and there’s no way to pay because money doesn’t exist. YOU create it all. You can write a Sum Certain on a cheque because YOU’RE the equity or “real bank”.
Hope that makes sense.
Always remember Steve/everyone else out there, if you receive a demand of money without evidence, which almost all of them are, it’s a demand with menaces, extortion. You know it’s still an offer, but never delay in sending the Conditional Acceptance. Make a simple template and keep it ready to be quickly edited to suit and send.
NONE of their demand letters will contain the required Sum Certain. NEVER admit anywhere in writing, verbal or in court the word “DOLLARS”, or it’ll stick. If anyone asks you what that “$xxx.xx” means, just say “Grains of sand I believe..”. Only a man/woman can believe, fictions can’t.
“$” used to mean silver dollars. In the UK their “pounds” sign used to mean pounds of sterling silver. It’s all been taken away and no longer exists.
Even lower (admiralty/administrative) court ORDERS don’t contain Sum Certain or any explanation of what the currency is – AND NO SIGNATURE, meaning the whole thing is VOID and yet another offer!!
The reason the courts/judges don’t sign it is because they’re public servants giving an order to a man (they know it’s a man, which is why it can only be an offer), which you can charge them for. Get out the checkbook if that’s an “order” judge.
Same as you Mr. Policy Enforcer – is that your wish or your order?
Search Karl Lentz on Youtube for wish/order.
Guys (and Gals of course);
What we often see happening in Australia now is that if you dispute a fine or debt with the beginnings of a Conditional Acceptance and those forces (police, courts, banks etc.) have received several worded similarly recently from others, even if yours is totally original, they’ll write back with an obvious form-letter template saying they “don’t accept internet letters” or other nonsense.
It’s a cowardly cop-out hoping you’ll accept them poking their tongue out at you with “authority”. It means they have nothing and are acting fraudulently. You might receive something like this:
“I am in receipt of the proforma letter sent by you that is obtained from the Internet. There are another two letters that are likely to follow to which I will not respond. Victoria Police do not enter into an agreement of contract with you by doing or failing to do anything. You may elect to have the matter heard before the Court by completing the Notice of Objection (Request to appear at Court) on the rear of the Penalty notice. I will not acknowledge any further letters sent by you to this office in relation to the above mentioned infringement”.
What you’re doing is perfectly legal in commerce. NOTE: if you actually caused damage or hurt someone or their property, Conditional Acceptance won’t work – own up because the charge is then a True Bill.
Otherwise, ignore their rubbish, write them the second letter giving them more time, probably containing:
“Dear xxxx,
We write in response to your pro-forma letter of xxxx that you have taken off your intranet. We thank you for pointing out the fact that you believe that Victoria Police, being a private corporation, have a right not to enter into an agreement or contract by failing to do something.
As you would be well aware, the Law is to be applied equally and without favour to ALL members of the community – including police. Accordingly, if you are not bound by an agreement or contract because of your failure to do something then neither are We. Therefore, your suggestion that We failed to (insert relevant charge here – ie. Failed to stop at a red light, failed to take note of a speed sign etc.) is equally irrelevant, is not binding upon Us in any way, shape or form and is of no legal force or effect what-so-ever.
We do not consent to, nor do We agree to be bound by State statutes that exist contrary to Our Common Law right to travel freely around the Commonwealth of Australia and We challenge you to direct Us to any valid Law or Act that says We are so bound, or must consent, against Our Will.
Should you believe this to be incorrect then you are required to provide proof to the contrary within 14 days otherwise, it shall be deemed that no such Law or Act exists and you are attempting to deprive Us of Our Common Law rights which were afforded to Us by God, Himself.
Finally, if you believe that We have committed a crime then you are welcome to summons Us to court, however, it is not for Us to “elect” to go to court for an alleged “criminal offence”, just as We would not be required to “elect” to go to Court if We had been accused of rape or murder. If you have a valid complaint against Us then, by all means, issue a Summons to a court of competent jurisdiction, pursuant to Chapter III of the Commonwealth of Australia Constitution Act 1900 (UK) and We will gladly defend any baseless charges against Us there, at your cost.
Yours sincerely, blah..”
Note the use of “We, Us, Our”, which is what banks use in their terms to describe themselves. You ARE the equity – so describe yourself as a bank. Anyone else is “you, your”, the customer.
If no reply or more rubbish from them not satisfying your terms, send the default notice.
ALWAYS make a copy of their original summons, debt letter etc., then send it attached to your Conditional Acceptance. Do the same with any of their replies. It’s a 3-step process.
Just keep it simple, if you say we have a contract I will happily pay upon proof of claim and contract>> Please provide your proper evidence (which they never have).
Thank you for your help it is greatly appreciated.
I forgot to ask one more thing, I have never written a default notice do you or anyone else have a idea of where I can go to get a template of one I was looking through our site here and could not find one to get a reference. If you have a suggestion where I might find one that would be great, Again thank you so much for your help
Sorry for taking so long..
A default notice summarily outlines what was alleged by the other party, that you objected to it and the other party being fully aware of the terms of the objection, failed to provide any documentary evidence in support of their claim within the time period specified, they have defaulted in respect of their claim and have admitted and agreed to the terms of the objection tendered.
Get it signed by justice of the peace or notary. Keep your copy and send to other party, probably also advertising the default in the local paper as well.