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Aministrative Remedy

Aministrative Remedy

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Published by AndyJackson
If you dont deny, you agree. Make your wishes know and record them for evidence. Listen to Greg Gentry at commercialremedies.com
If you dont deny, you agree. Make your wishes know and record them for evidence. Listen to Greg Gentry at commercialremedies.com

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Published by: AndyJackson on Apr 24, 2010
Copyright:Attribution Non-commercial


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Administrative Remedy
I have no original thoughts all my information comes from others and from my personal experiences using it.In this show we are going to discuss administrative remedy which is sending in documentation to getagreements handled without argument. First we have to have an idea of what are the rules we are workingunder or in other words the Law that applies to our ‘commerce’ or ‘business’. Where did ‘commerce’ comefrom? People have been doing ‘commerce’ or ‘business’ since time began. The 10 commandments are basically rules or ‘law’ that apply to the ‘tribe’ or ‘community’ for efficient transaction in business, soeveryone knows the ‘rules’. If you go to your California assemblyperson’s office and get a copy of theCalifornia Constitution of 1879 book 
,which they give you, free of charge, there is a history of the ‘law’ thatapplies to you presented inside the book. It starts off with a complete transcription of the Magna Carta of 1215 a.d., and moves on to the Mayflower Compact of 1620, the Declaration of Rights of 1774, theDeclaration of Independence of 1776, the Articles of Confederation of 1878, the United States Constitution of 1787, the Treaty of Guadalupe Hidalgo, and finally the Constitution of the State of California of 1879 (thefirst California Constitution was signed in 1849). So we see that the Law is handed down from the 1215Magna Carta
 where Common Law originated. Under Common Law everyone has a right to seek punishmentagainst someone who has damaged them and no legislated laws apply because there is only one law- ‘Do notdo unto others, that which you would not like done unto you’, its simple. The rules of doing ‘business’ arethat you have to have all the elements of a lawful contract to be valid.What are the elements of a lawful contract? One: There has to be a ‘meeting of the minds’, or ‘fulldisclosure’, because it is assumed that no one would want to be deceived in a deceitful way by being trickedinto signing an agreement that didn’t purport to give him the results he was bargaining for. An exemplewould be if Pete is watching Jim wash his brand new Toyota and Jim tells Pete he needs money and will sellhim ‘his’ Toyota for $5000. They go in his house and Pete gives Jim $5000 and Jim hands Pete the keys andTitle to his 1982 Toyota instead. The agreement is techniquely correct but is a deception as Pete intended to buy the new Toyota and not the old one. The deception makes it an ‘unconsionable’ contract. The nextelement necessary for a lawful contract is ‘valuable consideration’ has to be exchanged. An example of thisis Pete hands Jim $5000 dollars, which is valuable assests in exchange for the new Toyota which is ‘valuableassets’. A promise to pay is a valuable asset. If you don’t believe me consider everytime you give someone acheck 
from your bank that is a promise to pay and not payment and no businessman ever returns the check asnot being acceptable ‘consideration’. The third element of lawful contract is there has to be two wet-ink signatures on the contract. This is the evidence of ‘offer and acceptance’ and makes the parties liable to besued. If you don’t sign the contract can you be sued? The case becomes very weak for the party suing. In averbal contract both sides agree verbally, but once one party signs for it to be equal, both partys have to sign.The signature is the ‘evidence’ of full commercial liability.Lets discuss another element of doing business, the element of Honor and Dishonor. In Honor and Dishonor which is as old as time, there are Maxims of Law that apply to commerce. A maxim is a truth that holds true100% of the Time. If you are accused of something, it is your job to refute it or agree with it. If you fail tospeak you agree with the accusation. In Honor and Dishonor, the party sends you something that isaccusatory such as a lawsuit, claiming you have injured him or breeched a contract, and you become inDishonor is you don’t respond. To stay in Honor you have to respond. Lets give an example of this. TheCredit Card company sends you a ‘Statement’ and requests you pay the ‘Statement’ because it alleges youhave a debt of $1200. If you agree with this, you are happy with the contract, and you send in the payment toset-off the minimum amount due. Everything is in harmony. But if you disagree with the ‘presentment’ or ‘offer’ which is what the ‘statement’ is in fact, you can remain in honor by responding with an ‘offer’ or 
Show a copy of the Calfornia Constitutions Book 
Show picture of original Magna Carta
Picture of a check 
‘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
trustee is the one accepting the position of making sure the Trust is executed or carried out. The nextnecessay player is the ‘BENEFICIARY’. The beneficiary receives the ‘gift’ of valuable assets from theSettlor. Lets see how this would play out in real life. Grandpa is dying and he decides to create a Trust togive his assets to his children and great-grandchildren. He draws up a Trust agreement, which is nothingmore than him producing evidence, in written word, or could be verbal but that would be very weak, of his‘INTENTION’ to place his property and possessions into a Trust and have the Bank president be a TRUSTEEto carry out his wishes and then he would say that upon his death, within 90 calendar days the Trust should beexecuted and that ‘X’ amount would go to Son number 1, ‘X’ amount to Son number 2 and so…. He hasnamed the Settlor, or Creator as being John Doe and named the Trustee as being Bank Manager, and namedthe Beneficiarys as being Son #1, #2, etc., and named the terms of the Trust. Now he has to get the Bank Manager to sign the trust agreement to get compliance of the Manager as to his fiduciary responsibility and if he was smart he would give copies of the Trust to a couple or all of the intended Beneficiarys. The intendedBeneficiarys would then have a right to sue the Trustee for failure to honor the trust agreement. Under Roman Civil Law, in a Trust the beneficiary doesn’t have to know whats going on and the government likesthis deceitful aspect of a trust agreement. Why? Because in a trust, if you receive a benefit you are deemedin agreement to the terms of the trust, even though the terms were never made clear to you and you never agreed to them.An example of this would be a Marriage license where the State presumes you agreed to give over control of the product of your union to them and that is why Child Protective Services can take your children, denyingyou your Constitutional rights to due process, which means under due process of the 5
amendment you can’thave your property taken without a court case first. Instead of taking you to court and THEN taking your children, they take them first, because you are presumed to have a trust agreement with the STATE whereinyou have given up your Constitutional rights as you have not Claimed them in writing. So Roman Civil Lawwhere you agreed to become a 14
amendment Citizen ‘Subject to the United States’ by lack of objecting toit, now makes you obey all the legislated laws that apply to the Citizens of the corporation USA, inc.So we can see where if one doesn’t object then one agrees. This is a powerful process and can work bothways. Up till now, the government and Corporations have been using this process against me, because I didnot know there was any way to prevent their offers to take my property, etc. Now we will discuss ways of countering this process, using the same process against them, and doing it insuch a way that it will stand up in court. All documents you will send will be sent by Proof of Service
or certified mail to get evidence. Most times you will submit an affidavit and a self-executingcontract and then the ball is in their court and if they fail to respond they loose. Documentation is everything,it is your proof that something was presented, that there was no rebuttal or there was rebuttal. Go to the PostOffice and get 20 Green Certified Mail Stickers and 10 Registered Mail Stickers, go to Costco and get a big box of envelopes and a box of 8 &1/2 by 11 Manila folders. You will need to make copies and have acomputer and a printer. Costco has cheap printer scanners or better yet get a used HP lazer copier. Each timeyou make a document up, you will have to make copies for your records as you will send the original wet-ink signed documents to the court or to the opposition party(s). You will have to get a friend who is ‘not a partyto the case’ to fill in all the information on the ‘proof of service’ and name the documents and put them intothe Mail. The ‘friend’ can then be called as a ‘witness’ to testify to providing the ‘proof of service’. Sendingdocuments mailed by a disinterested third party and sent Certified Mail is a powerful tool to provide proof.You can go online to: usps.com/shipping/trackandconfirm.htm , to get a print out showing exactly when thedocuments were delivered.So now lets give examples of the kind of things you can do to get administrative remedy. First,administrative remedy is different from Court judged remedy. You are going to settle your differences bygetting some kind of agreement through letter writing. Lets use a traffic ticket as an example. First I get aticket for not coming to a complete stop at a stop sign. The policeman hands me the ticket, I sign the ticket
show proof of service blank and example filled out
Show registered mail sticker and Certified Mail (green) sticker 

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