‘presentment’ of your own. Lets say you send in a declaration that you believe you owe $1050 and not $1200and would like them to validate their statement that you owe $1200. This is like a game of tennis, they hitone to you and you hit one back, now the ball is in their court. They become in Dishonor if they do notrespond to your letter. The concept of failure to speak equals lose is simple and we see it in court everyday asevidenced by the Failure to Appear equals you lose. Once you have ‘failed to appear’ or failed to rebut theaccusation, you lose the right to rebut the accusation in the future because you have dishonored the court andthe accusation. Judgement is final. Unless you can show an element of fraud was involved in the process andthen the fraud would overturn every action that occurs after the fraud. So the Credit Card company will sendyou another statement showing all the purchases you have made, hoping you will accept them as proof of your indebtedness to them and you will continue to pay them.This is the administrative remedy we are showing, it is the process of doing business and the making anddocumenting evidence to substantiate your position to get justice. Now, lets look at a few Maxims of Law.One “an unrebutted affidavit stands as truth”, in this one it simply is stating that a partys sworn testimony if it goesunobjected to is judged to be the truth. If you state your next door neighbors car is yours and have anaffidavit drawn up with that stated upon it, will that make it so? No. Why? Because the neighbor can ignoreyour rantings because you are not in contract with him, there is no agreements between you, so he does nothave to recognize you. The Credit Card Company, the IRS, the Court system, the Mortgage Company, etc allhave agreements or contracts with you and as such are bound by law to have to respond to your rantings, but a private individual with no agreements with you does not. We have to go back to our childhood and remember the rules of engagement. When one kid says “you’re a dummyhead”, that is the offer, and the correctresponse is, “I know you are, but what am I”, see, there is the acceptance and return offer. Like tennis, the ball is back in their court, and failure to respond makes it true. Another Maxim of Law is that “he who leavesthe field of battle first, loses” and we get that when we are kids. Another Maxim of Law is the “truth issovereign in commerce”, and what does sovereign mean? Sovereign means King or Highest Power, so Truthis the highest power and is superior to lies and deceit. If someone is deceitful in a contract and you are honestand give full disclosure, you have the right to be triumphant in court. So its all about Honor and Dishonor,offer and acceptance, making your wishes known on paper, while being clear and expressed. The commonlaw was our truth when this country was founded and the right to contract is clearly spelled out in Article 1,section 10 under powers forbidden to the states “….pass any Law…impairing the Obligation of Contracts….”
. So it is defined that we have a RIGHT to contract and the government can not impair thatright. Then again in this supreme court case it states:"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way.
His power to contract is unlimited
. He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his lifeand property
. His rights are such as existed by the law of the land [Common Law] long antecedent to theorganization of the State
, and can only be taken from him by due process of law, and in accordance with theConstitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.
He owes nothing to the public so long ashe does not trespass upon their rights
Hale v. Henkel
, 201 U.S. 43 at 47 (1905).The next interesting aspect of contracts comes in the form of Roman Civil Law which is administered throughthe Admiralty, Maritime jurisdictions and is accepted everywhere as adopted in the Uniform CommercialCode the UCC. Under Roman Civil Law there are some major differences with Common Law in that itPRESUMES many contracts exist in the form a TRUST. Lets talk a little bit about Trusts. In a Trust therehave to be 3 entities names. A Trust only comes into existence with the ‘intention’ of the Grantor, Creator,Settlor. The entity creating the Trust is the Creator, or Grantor or Settlor, notice the ‘OR’ at the end. Theyare the one with the consideration or ‘valuable assets’. The next necessary player is the ‘TRUSTEE’, the
Show the section of Article 1, section 10 of the U.S. constitition