private administrative process

Upload: trueva1ue

Post on 02-Jun-2018

218 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/10/2019 Private Administrative Process

    1/3

    The current commercial process in the world today is a game, is created entirely in the realm ofFICTION, operating as private law and private contract between legal fictions, i.e., Countries (Nations,)Corporations, and straw men (Individuals/Sole Proprietors.)

    Todays operational jurisdiction is private law, called public policy, not public law as existed in theRepublic. To make his way in the Real world a living being, who cannot enter, operate in, or be in the realm ofthe fictitious and imaginary, needs a commercial vessel.

    Such a vessel is the straw man.

    Inasmuch as law must always provide a remedy, when US Inc. declared bankruptcy in 1933, it had tostructure a means for living people to appear in their private, proper capacity and deal with whatever claimsmight arise. The result is that all claims must be resolved through private administrative process todetermine whether or not the public sector (public policy) has jurisdiction in a given matter.

    Consequently, in order to properly bring or deal with an action in the public sector, the private,administrative remedies must properly be exhausted first. The real being cannot perfect his claim and assertany standing as a creditor in the absence of perfecting the private administrative process, hereinafter PAP,first.

    Inasmuch as all courts today are admiralty-equity tribunals, the universal principles of equity areoperational. These principles include such maxims of equity as:

    1. He who comes into a court of equity must come with clean hands. 79 Fed. Rep. 854; 97 Tenn.180; 11 Tex. Civ. App. 624.

    2. He who has committed iniquity shall not have equity. Francis, 2d Max.

    3. Equity denotes the spirit and habit of fairness, justness, and right dealing, which would

    regulate the intercourse of men with men.4. Equity suffers no right without a remedy.

    5. Equality is equity.

    6. Equity follows the law.

    7. He who seeks equity must do equity.

    8. He who seeks equity must have clean hands.

    9. Equity will not permit a party to profit by his own wrong.

    10. To receive equity one must give equity.

    If, in an action, both parties are in dishonor, both have failed to give equity and have proceeded

    without clean hands. In such a case, the judge has unbridled discretion, since he is dealing with two losersfrom inception. The judge must then do is what his exclusive duty is in any case, uphold public policy andcollect revenue for paying the insurance policy premiums to keep the bankrupt corporation afloat.

    The solution, therefore, is never to dishonor, i.e., always do equity and act with clean hands, andperfect your claim in the private, administrative realm at the outset of a dispute. By so doing, you haveavailed yourself of the remedy in law and exhausted your administrative remedies. At this point, should thematter enter a court and be put before a judge, you will be the one with a perfected claim on the private sideand also the only party with clean hands, having done equity and acted in honor and good faith.

  • 8/10/2019 Private Administrative Process

    2/3

    Because administrative remedies must be exhausted prior to a matter entering the judicial arena, aslong as you are doing administrative procedure, the public officials cannot proceed with any court actionagainst the straw man.

    The administrative process consists of having your notary send (you should always send and receiveall paperwork by and through a friendly and knowledgeable notary) notice of your position to all of theparties, i.e., Respondents, who are assaulting your straw man with demands, obligations, and charges. SaidRespondents are sent your private, administrative notices in the private capacity of all concerned, so that youare operating as a real being sending notices to other real beings. The nature of your paperwork is thatwithout dishonoring (denying, traversing, faultfinding , etc.), you require that your adversary put up or shutup. In other words, you send your adversaries, in private capacity, conditional acceptances and negativeaverments that in essence state:

    I have no idea whether your claims and charges are bona fide or not, or whether I have a valid obligationto satisfy the obligations you assert, but I am not aware of any evidence substantiating your position inany of these matters and if you claim that your demands are valid, provide documentary proof of claim forthe record and I will comply with whatever you have substantiated.

    It is essential to remember that the entire current judicial system functions by stipulations, i.e.,agreements, between disputing parties. Either stipulations occur by the two parties openly agreeing on aparticular point or, if they do not, the discovery and trial process resulting in stipulations based on the ruling

    of the judge, i.e., the discretionary conscience of the court. The entire legal/commercial process today is a game, the essential rule of which is: Whoever

    dishonors first loses. Or, phrased differently, No one who dishonors can be assured of prevailing. In short,if you wish to win you must proceed without dishonoring, or there is no guarantee you will prevail and, whatis worse, if your adversary is the system itself, you are automatically guaranteed to lose because the judgemust faithfully adhere to his Prime Directive: Uphold public policy and collect revenue for the bankruptcyreorganization.

    Your private administrative process must operate as follows:

    1. Do everything by affidavit or asseveration, notarized.

    2. Use a notary for everything sending out all of your paperwork, receiving responses,keeping the notarial logbook, retaining copies of everything sent and received, executing

    such notarial documents as those involved in a notary protest, etc.3. Have your notary send your adversaries your notices in the private capacity of all involved

    parties.

    4. Never dishonor or traverse, which you can do by enjoining (commenting on, whetheradmitting or denying) any of the content, i.e., subject matter, in their communications, aswell as by ignoring what you receive (failing to respond within the time frames required).Remember the definition of traverser from Blacks Law Dictionary: In pleading, one whotraverses or denies. A prisoner or party indicted; so called from his traversing theindictment. Regard the content of their documents as their truth or fantasy, which, in eithercase, is not your position/truth and therefore not your business to comment on one way oranother, other than as above, maybe what you say is true, but if so, prove it. Then you havenot dishonored by ignoring, nor traversed by commenting on their statements.

    5. Remember the maxim of law: The burden of proof resides on him who asser ts, not on oneagainst whom a claim or charge is made. They initiated the matter and are demandingsomething from you, not the reverse. Therefore, in the Private Administrative Process theburden of proof concerning the validity of their assertions rests with them, not you.

    6. Invoke the principle of acquiescence by silence, i.e., by the terms and conditions of theinterchange, their failure to put up or shut up within the time frame you allow for them toprove their claims constitutes their stipulation (agreement) that your position is true,correct, and complete in entirety and they are devoid of proof of claim for anything theyvealleged against the straw man.

  • 8/10/2019 Private Administrative Process

    3/3

    7. After you have consummated your private administrative process, proceed to the public sideby invoking the notary for the notarial protest process, at the end of which you have thefollowing established as documentary proof on the record:

    a. A private (from you) and public (from the notary) exhaustion of administrative remedies;

    b. A complete set of stipulations by them in support of your position;

    c. Private, commercial, and judicial summary judgment and judgment in estoppel on the law,facts, and money.

    Their stipulations established by the foregoing process include their admission and confession, i.e.,confession of judgment, that:

    1. You are the creditor and not a debtor concerning the transaction;

    2. There is no evidence that they are the creditor;

    3. They owe you, and you can bill them for, the sum-certain amount set forth in the paperwork;

    4. They have failed to state a claim upon which relief can be granted;

    5. Any and all proceeding against you thereafter constitutes a libel on the public recordauthorizing your filing a libel of review in the (general) admiralty against all parties in theirprivate capacity, devoid of official immunity;

    6. They and all others are hereafter forever estopped from raising the issue, contesting thestipulations, or proceeding against you in any way concerning what has been finalized.

    After completion of the above, you can file your administrative judgment with the appropriateRecorder, and thereafter record a certified copy of the filed judgment on a UCC-1 or UCC-3.

    Remember that your notary constitutes a disinterested third-party witness. When the notary, anagent of the State and the court, enters the public side with your private information, your position appearson the public record.

    Thereafter, any form of court action against your straw man would constitute self-validating proof,based on the public record that has been established, that any and all involved parties are actinginequitably and with unclean hands. If you have any form of court proceeding asserted against you, show thejudge that he has only one course of action based on the record.

    Once the Private Administrative Process has been completed, then all manner of remedies andrecourses exist for you that formerly did not and could not. These include a habeas corpus , criminal affidavits,maritime liens, and other remedies.