NOTICE TO COURT AND ALL COURT OFFICERS
We the People of this still great country are Constitutionalists and require all public servants, including judges, to abide by their oaths in the performance of their official duties, including those before the court. This protects the American Citizens from government and court abuse.
Since the Constitution cannot conflict with itself, the limited powers delegated to government by the Constitution can never supersede the powers of and Rights guaranteed in the Constitution to The American People. “Authority” is an extremely important word and concept. Government and the courts without Constitutional authority can conduct nothing lawful, and government has no authority to disparage your Rights. Keep “authority” in mind as you review the following statements and questions.
CHALLENGES TO THE COURT BEFORE PROCEEDINGS CAN START
1. A. Your Honor and the prosecutor have taken oaths of office to support and uphold the Constitution of the united States of America and that of this state. Is that correct?
B. Pursuant to your oaths, you are required to abide by those oaths, in the performance of your official duties, including those before this Honorable Court. Is that correct?
2. I, Jeffrey Louis Gonzales, hereby notify this Honorable Court that I am a living, breathing, natural-born American Citizen, with, and claiming, all Rights guaranteed to me in the federal and state Constitutions, and with my name properly spelled in upper and lower case letters, not as it appears on the court documents.
Is there any objection to what I just stated?
3. This court abides by all the powers of and Rights guaranteed to American Citizens in the federal and state Constitutions, including due process of law. Is that correct?
4. I am presumed innocent of all aspects of the alleged charges, presumptions and assumptions in, by and of this court, unless proven guilty by a well-informed jury of my peers, beyond a reasonable doubt, based solely on verified evidence and proof. Is that correct?
5. A. “Proof” consists of verified and demonstrated evidence, and not opinion, especially opinion unsupported by fact, law and evidence. Is that correct?
B. “Beyond a reasonable doubt” consists solely of decisions and verdicts from a well-informed jury of my peers based entirely on proof that absolutely and conclusively confirms guilt, without any reservations or questions, whatsoever, from the jury. Is that correct?
6. Opinion from any witness or prosecuting attorney unsupported and unverified by fact, law and proven evidence is simply opinion, and opinion, as previously established, is not proof or factual evidence. Is that correct?
7. A. Since I am guaranteed a fair and impartial trial, how is that possible when you, the presiding judge, the prosecuting attorney and all the witnesses against me work for and are paid by the state that is the plaintiff in this case, and my opponent? In this situation, it is impossible for me to have a fair trial. Is that correct?
B. Further, any data used against me is obtained from sources who, are also paid by the state, the same plaintiff against me. At minimum, conflict of interest takes place.
8. Since I am presumed innocent of the charges and all aspects, presumptions and assumptions of those charges and this court, I have challenged the jurisdiction of this court, which this court has not proven, on the public record. Therefore, since I am presumed innocent of all aspects of the charges and presumptions of the court, and since jurisdiction has not been proven, jurisdiction is simply a presumption of this court, of which I am presumed innocent. Furthermore, no official Oath of Office can be located anywhere, nor has one been put on the public record. Therefore, I move for dismissal of all charges and/or warrants for lack of jurisdiction. Pursuant to the foregoing, and to numerous federal and Supreme Court rulings, this case must be dismissed and any warrant recalled, with full prejudice, and I hereby move for dismissal of all charges and this case, with full prejudice.
Failure to respond to this formal written notice, dated January 23, 2007, within 30 days in written format with Proof of Service to the undersigned, constitutes and validates your fraud and failure to honor your Oath of Office. Furthermore, all said charges, judgments, warrants and/or claims against Jeffrey Louis Gonzales, is null and void, without force or effect or lawful power. Any further harassment of Jeffrey Louis Gonzales by this court or any of its officers will be construed as intentional harm, with malice and the conscious intent of inflicting both physical and mental harm to the defendant-in-error in this matter. Copies of this document along with the attached documents will be sent to the Office of Judicial Administrations, Washington DC in the event that justice is not reached.
All Rights Reserved
Jeffrey L. Gonzales, American Citizen
CERTIFICATE OF SERVICE
I certify that on this ____ day of January 2007, a true and exact copy of the aforesaid Motion was sent, first class postage prepaid, by U.S. mail, to Justin W. Wayment, ESQ. and Honorable, Kenneth H. Adams, 51 East 400 North, PO Box 1808, Cedar City, Utah 84721.
All Rights Reserved
Jeffrey L. Gonzales, American Citizen
RECORDING REQUESTED BY, ]
AND WHEN RECORDED RETURN TO: ]
STATE (SPACE ABOVE THIS LINE FOR RECORDER'S
Be it known to all courts, governments, and other parties, that I,
am a natural, freeborn Sovereign, without subjects. I am neither subject to any entity anywhere, nor is any entity subject to me. I neither dominate anyone, nor am I dominated.
My authority for this statement is the same as it is for all free Sovereigns everywhere: the age-old, timeless, and universal respect for the intrinsic rights, property, freedoms, and responsibilities of the Sovereign Individual.
I am not a "person" when such term is defined in statutes of the United States or statutes of the several states when such definition includes artificial entities. I refuse to be treated as a federally or state created entity which is only capable of exercising certain rights, privileges, or immunities as specifically granted by federal or state governments.
I voluntarily choose to comply with the man-made laws, which serve to bring harmony to society, but no such laws, nor their enforcers, have any authority over me. I am not in any jurisdiction, for I am not of subject status.
Consistent with the eternal tradition of natural common law, unless I have harmed or violated someone or their property, I have committed no crime; and am therefore not subject to any penalty.
I act in accordance with the following U.S. Supreme Court case:
"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 life and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. 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 as he does not trespass upon their rights." Hale v. Henkel, 201 U.S. 43 at 47 (1905).
Thus, be it known to all that I reserve my natural common law right not to be compelled to perform under any contract that I did not enter into knowingly, voluntarily, and intentionally. And furthermore, I do not accept the liability associated with the compelled and pretended "benefit" of any hidden or unrevealed contract or commercial agreement.
As such, the hidden or unrevealed contracts that supposedly create obligations to perform, for persons of subject status, are inapplicable to me, and are null and void. If I have participated in any of the supposed "benefits" associated with these hidden contracts, I have done so under duress, for lack of any other practical alternative. I may have received such "benefits" but I have not accepted them in a manner that binds me to anything.
Any such participation does not constitute "acceptance" in contract law, because of the absence of full disclosure of any valid "offer," and voluntary consent without misrepresentation or coercion, under contract law. Without a valid voluntary offer and acceptance, knowingly entered into by both parties, there is no "meeting of the minds," and therefore no valid contract. Any supposed "contract" is therefore void, ab initio.
From my age of consent to the date affixed below I have never signed a contract knowingly, willingly, intelligently, and voluntarily whereby I have waived any of my natural common law rights, and, as such, Take Notice that I revoke, cancel, and make void ab initio my signature on any and all contracts, agreements, forms, or any instrument which may be construed in any way to give any agency or department of any federal or state government authority, venue, or jurisdiction over me.
This position is in accordance with the U.S. Supreme Court decision of Brady v. U.S., 379 U.S. 742 at 748 (1970):
"Waivers of Constitutional Rights not only must be voluntary, they must be knowingly intelligent acts, done with sufficient awareness of the relevant circumstances and consequences."
Typical examples of such compelled and pretended "benefits" are:
Likewise, my use of the bank account thereof is due to the absence of a bank not associated with the Federal Reserve System. In general, people have been prevented from issuing their own currencies, and such prevention is in violation of the United States Constitution. Were there an alternative, I would be happy to use it. To not use any bank at all is impossible or very difficult, as everyone knows, in today's marketplace.
If any of my children have attended government supported "public" or controlled "private" schools, such was done under duress and not out of free will. Be it known that I regard "compulsory state education" as a violation of the Thirteenth Amendment to the U.S. Constitution, which states in relevant part:
"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
I am not a "United States" citizen subject to its jurisdiction. The United States is an entity created by the U.S. Constitution with jurisdiction as described on the following pages of this Affidavit. I am not a "resident of," an "inhabitant of," a "franchise of," a "subject of," a "ward of," the "property of," the "chattel of," or "subject to the jurisdiction of" any corporate federal government, corporate state government, corporate county government, corporate city government, or corporate municipal body politic created under the authority of the U.S. Constitution. I am not subject to any legislation, department, or agency created by such authorities, nor to the jurisdiction of any employees, officers, or agents deriving their authority therefrom. Further, I am not a subject of the Administrative and Legislative Article IV Courts of the several states, or Article I Courts of the United States, or bound by precedents of such courts, deriving their jurisdiction from said authorities. Take Notice that I hereby revoke, cancel, and make void ab initio any such instrument or any presumed election made by any of the several states or the United States government or any agency or department thereof, that I am or ever have voluntary elected to be treated as a United States citizen subject to its jurisdiction or a resident of any territory, possession, instrumentality or enclave under the sovereignty or exclusive jurisdiction of any of the several states or of the United States as defined in the U.S. Constitution in Article I, Section 8, Clause 17 and Article IV, Section 3, Clause 2.
I use these codes only for the purposes of information and making it more efficacious for the U.S. Postal Service to deliver my mail.
Because the courts have become entangled in the game of semantics, be it known to all courts and all parties, that if I have ever signed any document or spoken any words on record, using words defined by twists in the law books different from the common usage, there can be no effect whatsoever on my Sovereign status in society thereby, nor can there be created any obligation to perform in any manner, by the mere use of such words. Where the meaning in the common dictionary differs from the meaning in the law dictionary, it is the meaning in common dictionary that prevails, because it is more trustworthy.
Such compelled and supposed "benefits" include, but are not limited to, the aforementioned typical examples. My use of such alleged "benefits" is under duress only, and is with full reservation of all my common law rights. I have waived none of my intrinsic rights and freedoms by my use thereof. Furthermore, my use of such compelled "benefits" may be temporary, until better alternatives become available, practical, and widely recognized.
It is further relevant to this Affidavit that any violation of my Rights, Freedom, or Property by the U.S. federal government, or any agent thereof, would be an illegal and unlawful excess, clearly outside the limited boundaries of federal jurisdiction. My understanding is that the jurisdiction of the U.S. federal government is defined by Article I, Section 8, Clause 17 of the U.S. Constitution, quoted as follows:
"The Congress shall have the power . . . To exercise exclusive legislation in all cases whatsoever, over such district (NOT EXCEEDING TEN MILES SQUARE) as may, by cession of particular states and the acceptance of Congress, become the seat of the Government of the United States, [District of Columbia] and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the Erection of Forts, Magazines, Arsenals, dock yards and other needful Buildings; And - To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers..." [emphasis added]
and Article IV, Section 3, Clause 2:
"The Congress shall have the Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State."
The definition of the "United States" being used here, then, is limited to its territories:
1) The District of Columbia
6) Northern Mariana Islands
It does not include the several states themselves, as is confirmed by the following cites:
"We have in our political system a Government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a Citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other." Slaughter House Cases United States vs. Cruikshank, 92 U.S. 542 (1875).
"THE UNITED STATES GOVERNMENT IS A FOREIGN CORPORATION WITH RESPECT TO A STATE." [emphasis added] Volume 20: Corpus Juris Sec. §1785: NY re: Merriam 36 N.E. 505 1441 S.Ct.1973, 41 L.Ed.287.
This is further confirmed by the following quote from the Internal Revenue Service:
Federal jurisdiction "includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa." - Internal Revenue Code Section 312(e).
In legal terminology, the word "includes" means "is limited to."
When referring to this "District" United States, the Internal Revenue Code uses the term "WITHIN" the United States. When referring to the several States, the Internal Revenue Code uses the term "WITHOUT" the United States.
Dozens, perhaps hundreds, of court cases prove that federal jurisdiction is limited to the few federal territory areas above indicated. For example, in two Supreme Court cases, it was decided:
"The laws of Congress in respect to those matters do not extend into the territorial limits of the states, but have force only in the District of Columbia, and other places that are within the exclusive jurisdiction of the national government," Caha v. United States, 152 U.S., at 215.
"We think a proper examination of this subject will show that the United States never held any municipal sovereignty, jurisdiction, or right of soil in and to the territory, of which Alabama or any of the new States were formed..."
"[B]ecause, the United States have no constitutional capacity to exercise municipal jurisdiction, sovereignty, or eminent domain, within the limits of a State or elsewhere, except in the cases in which it is expressly granted..."
"Alabama is therefore entitled to the sovereignty and jurisdiction over all the territory within her limits, subject to the common law," Pollard v. Hagan, 44 U.S. 221, 223, 228, 229.
Likewise, Title 18 of the United States Code at §7 specifies that the "territorial jurisdiction" of the United States extends only outside the boundaries of lands belonging to any of the several States.
Therefore, in addition to the fact that no unrevealed federal contract can obligate me to perform in any manner without my fully informed and uncoerced consent, likewise, no federal statutes or regulations apply to me or have any jurisdiction over me. I hereby affirm that I do not reside or work in any federal territory of the "District" United States, and that therefore no U.S. federal government statutes or regulations have any authority over me.
POWERS AND CONTRACTUAL OBLIGATIONS OF
UNITED STATES AND STATE GOVERNMENT OFFICIALS
All United States and State government officials are hereby put on notice that I expect them to have recorded valid Oaths of Office in accordance with the U.S. Constitution, Article VI:
"The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution..."
I understand that by their Oaths of Office all U.S. and State government officials are contractually bound by the U.S. Constitution as formulated by its framers, and not as "interpreted," subverted, or corrupted by the U.S. Supreme Court or other courts.
According to the Ninth Amendment to the U.S. Constitution:
"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people."
and the Tenth Amendment to the U.S. Constitution:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
Thus, my understanding from these Amendments is that the powers of all U.S. and State government officials are limited to those specifically granted by the U.S. Constitution.
I further understand that any laws, statutes, ordinances, regulations, rules, and procedures contrary to the U.S. Constitution, as written by its framers, are null and void, as expressed in the Sixteenth American Jurisprudence Second Edition, Section 177:
"The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
'The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.'
'Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...'
'A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.'
'No one is bound to obey an unconstitutional law and no courts are bound to enforce it.'" [emphasis added]
and as expressed once again in the U.S. Constitution, Article VI:
"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."
All U.S. and State government officials are therefore hereby put on notice that any violations of their contractual obligations to act in accordance with their U.S. Constitution, may result in prosecution to the full extent of the law, as well as the application of all available legal remedies to recover damages suffered by any parties damaged by any actions of U.S. and State government officials in violation of the U.S. Constitution.
REVOCATION OF POWER OF ATTORNEY
Furthermore, I hereby revoke, rescind, and make void ab initio, all powers of attorney, in fact or otherwise, implied in law or otherwise, signed either by me or anyone else, as it pertains to the Social Security number assigned to me, _______________________ as it pertains to my birth certificate, marriage or business license, or any other licenses or certificates issued by any and all government or quasi-governmental entities, due to the use of various elements of fraud by said agencies to attempt to deprive me of my Sovereignty and/or property.
I hereby waive, cancel, repudiate, and refuse to knowingly accept any alleged "benefit" or gratuity associated with any of the aforementioned licenses, numbers, or certificates. I do hereby revoke and rescind all powers of attorney, in fact or otherwise, signed by me or otherwise, implied in law or otherwise, with or without my consent or knowledge, as it pertains to any and all property, real or personal, corporeal or incorporeal, obtained in the past, present, or future. I am the sole and absolute legal owner and possess allodial title to any and all such property.
Take Notice that I also revoke, cancel, and make void ab initio all powers of attorney, in fact, in presumption, or otherwise, signed either by me or anyone else, claiming to act on my behalf, with or without my consent, as such power of attorney pertains to me or any property owned by me, by, but not limited to, any and all quasi/colorable, public, governmental entities or corporations on the grounds of constructive fraud, concealment, and nondisclosure of pertinent facts.
I affirm that all of the foregoing is true and correct. I affirm that I am of lawful age and am competent to make this Affidavit. I hereby affix my own signature to all of the affirmations in this entire document with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion.
The use of notary below is for identification only, and such use does NOT grant any jurisdiction to anyone.
FURTHER AFFIANT SAITH NOT.
Subscribed and sworn, without prejudice, and with
all rights reserved,
(PRINT NAME BELOW)
Principal, by Special Appearance, in Propria Persona, proceeding Sui Juris.
My Hand and Mark as Subscriber (SIGN NAME BELOW)
Date:_____________ Common Law Seal:__________________________________
On this ______day of____________, 19____, before me, the undersigned, a Notary Public in and for _______________________(state), personally appeared the above-signed, known to me to be the one whose name is signed on this instrument, and has acknowledged to me that s/he has executed the same.
My Commission Expires:____________________________
«FirstName» «MiddleName», «LastName»
c/o United States Post Office
«JudicialDist» Judicial District,
The State of «State»
Non Domestic Mail
A SECURITY - 15 USC
THIS IS A U.S.S.E.C. TRACER FLAG,
NOT A POINT OF LAW*
*See attached EXPLANATION SHEET
NOTICE OF NON-JUDICIAL PROCEEDINGS
NOTICE AND WARNING OF COMMERCIAL GRACE
RE: Alleged Personal Property Tax
Near PZ «PostalCode»
State of «State» )
County of «County» )
I, «FirstName» «MiddleName», «LastName», the Undersigned Affiant, do solemnly affirm, declare, and depose the following:
1. I am of lawful age and am competent to make this Affidavit.
2. I have personal knowledge of the facts stated herein.
3. I am not under the lawful guardianship or disability of another. This affirmed [sworn] Affidavit is made as a matter of record of my own right, sui juris, in my own proper status.
4. I am a natural born American national, and I am domiciled in one of the several fifty (50) Republic states of the Union established as the [u]nited States of America.
5. I am a natural born, Sovereign, preamble, de jure Citizen; I do not owe my Citizenship to the 14th Amendment of the United States Constitution (1871).
6. I am a Citizen under the Constitution for the [u]nited States of America (1787), the Bill of Rights, ratified in 1791, and precedent decisions of Article III Justice Courts of Law, and a de jure Citizen of the Sovereign Republic state of «State»
7. I have rights which are unalienable and were endowed by my Creator and secured by the Constitution for the [u]nited States of America (1787) and by the Constitution for the State of «State» («StateConstYear»). I do not waive any of my rights at any time, hereby reserving same by explicit reservation pursuant to UCC 1-207.
8. All the facts stated herein are true, correct, and certain, admissible as evidence, and if called upon as a witness I will testify to their veracity.
9. I believe the eternal, unchanging principles of Commercial Law include (but not necessarily limited to):
a) A workman is worthy of his or her hire.
b) All are equal under the law.
c) In Commerce truth is Sovereign.
d) Truth is expressed in the form of an affidavit.
e) An unrebutted affidavit stands as the truth in Commerce.
f) An unrebutted affidavit becomes the judgment in Commerce.
g) All matters must be expressed to be resolved.
h) He who leaves the field of battle first loses by default.
i) Sacrifice is the measure of credibility (if there is no willingness to sacrifice, there is no liability, responsibility, authority, or measure of conviction).
j) A lien or claim can be satisfied only through rebuttal by affidavit, point- for-point, resolution by jury, or payment.
10. Commercial processes (including this Affidavit and the required responses to it) are non-judicial and pre-judicial because:
a) No judge, court, government or any agencies thereof, or any other third parties whatsoever, can abrogate anyone's affidavit of truth; and
b) Only a Party affected by an affidavit can speak and act for himself or herself and is solely responsible for responding with his or her own affidavit of truth, which no one else can do for him or her.
THEREFORE, LET IT BE KNOWN BY THIS AFFIDAVIT, that the following facts pertain to the instant case:
1) No proper Commercial Paperwork, or Commercial Affidavits sworn true, correct,
and complete, have been furnished to me, the Undersigned, by or from «ReceiverName»,
acting as agent for «ReceiverAgency», in either my name or that of the trust organization
for which I am the fiduciary trustee.
2) I have never been presented with, and herewith demand of all Claimants operating for
or on behalf of «ReceiverAgency», the law(s), statute(s), and regulation(s) that stipulate,
define, and prove this Affiant or the trust organization for which I am the fiduciary trustee
is the "person liable," the "person made liable," or the "person required" to pay the
alleged tax referenced above or any other kind of "tax", without which it must be
concluded that this Affiant and the trust organization for which I am the fiduciary trustee
is not said "person liable," "person made liable," or "person required."
3) On July 1, 1996 a Constructive Notice of Refusal pursuant to UCC 3-501 was sent to
the office of «ReceiverName». «ReceiverName» failed to respond to such notice within
the required period of thirty (30) days and therefore said presentment, to wit, Notice of
Valuation from «ReceiverAgency», as a commercial presentment, sent to me by
«ReceiverAgency», was rendered NULL and VOID. A proper Notice of Default was then
sent to «ReceiverName» on August 28, 1996.
4) On or about September 12, 1996, «ReceiverAgency» and its agents caused to be
published in the Pagosa Sun a notice of deficiency against Central Sun Productions, A
Pure Trust Organization, of which I am the fiduciary trustee, and referencing my name
personally. This was contrary to the fact that in my original Notice of Refusal it was
explicitly stated, and due to the fact that such statements remain to this date non-rebutted
by proper Affidavit and therefore stand as unrefuted fact, that this Affiant, «FirstName»
«MiddleName», «LastName», has no bona-fide commercial contract with
«ReceiverName», «ReceiverAgency», COUNTY OF ARCHULETA, or STATE OF
COLORADO. Additionally, «ReceiverName», «ReceiverAgency», COUNTY OF
ARCHULETA, or STATE OF COLORADO have not shown to have in rem or in
personam jurisdiction over myself,, or Central Sun Productions. Such actions constitute a
defamation of my character and that of Central Sun Pulbications. Such actions constitute
a public slander and a denial of proper due process in law.
1) Demand is hereby made that if «ReceiverName» or any other "government" Official,
Officer, Agent, or Employee proceeds against this Affiant in any manner they must
furnish a sworn Affidavit of Allegiance to the United States of America and affirm complete disavowal of all allegiance to Foreign Principals, Agents, agencies, Governments, Quasi-governments, or Commercial Interests of any kind whatsoever.
2) Any and all parties who act against this Affiant, «FirstName» «MiddleName», «LastName»,the Undersigned, without thorough, verifiable, point-by-point
rebuttal of each and every point set forth in this Affidavit, and without furnishing
all documents or instruments demanded herein will be charged criminally with
fraud, theft, conspiracy, extortion, grand theft, and numerous other crimes,
including but not limited to violations of state penal codes for criminal conspiracy
and robbery, and 18 USC Sections 4 (misprision of felony), 241 (conspiracy), 872
(extortion), 1001 (fraud and false statements), and 1961 (other such crimes as are
related to issues of racketeering), plus such Constitutional violations not listed in
the Criminal Codes combined and described simply as "TREASON," and
Commercial liens placed against their real and personal properties in the amounts
of the total criminal fines, penalties, and personal damages involved. And,
3) All court costs and legal fees that should arise out of this alleged cause of action
shall be paid by those who have drawn the Undersigned Affiant, «FirstName»
«MiddleName», «LastName», into this instant matter.
4) Failure to respond to this Affiant as required within the herein prescribed time of thirty (30) days will be deemed to invoke the doctrine of “estoppel by acquiescence” and thereby will constitute an affirmation of all statements made herein, allowing for the recovery, in Commerce, for any damages, penalties, and costs.
5) This Commercial Affidavit, Notice and Warning of Commercial Grace, is the one and only such Notice and Warning, and if all «ReceiverAgency» "assessments", "Levies", "Liens" and collection actions against this Affiant are not abated, or if at any time in the future any «ReceiverAgency»"assessments", "Levies", "Liens" and collection actions based thereon are reinstituted against me, it will be willful disregard of this Notice and Warning and will engender the filing of Criminal Complaints (Affidavits of Information) and Commercial Liens (Affidavits of Obligation) against all Parties involved. Please see the Willful Violation Notice and Courtesy Title 42 Brief attached.
6) The foundation of Commercial Law, being based on certain eternally just, valid, and moral precepts, has remained unchanged for thousands of years. Said Commercial Law forms the underpinnings of Western Civilization, if not all Nations' Law. All commerce in the world is non-judicial and is prior and superior to, the basis of, and cannot be set aside or overruled by, the laws and statutes of any governments, legislatures, quasi-governmental agencies, or courts. It is therefore an inherent obligation on all Authorities, Officials, Governments, Legislatures, Governmental or Quasi-Governmental Agencies, Courts, Judges and all aspects and Agents of the Law Enforcement Agencies to uphold said Commercial Law, without which said entities are violating the just basis of their alleged authority and serving to disintegrate the society they allegedly exist to protect.
7) When the Congress of the United States enacted The Federal Tax Lien Act of 1966 (P.L. 89-719), it declared (page 3722) that, "The entire taxing and monetary systems are, hereby, placed under the Uniform Commercial Code." Thus, the Undersigned Affiant, «FirstName» «MiddleName», «LastName», in relying on the principles and provisions of the Uniform Commercial Code as herein stated, is at all times conducting «himselherself» as a responsible, law-abiding, Sovereign Citizen of the several states and of the Sovereign Republic of the State of «State» and, therefore, reasonably expects full rights, immunities and protections accorded Sovereign state Citizens and those secured by the Constitution for the united States of America (1787), and its amendments, and by the Constitution of the State of «State» («StateConstYear»), and according to the Common Laws of the land.
ACCORDING TO THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE (UCC), YOU HAVE THIRTY (30) DAYS FROM RECEIPT OF THIS CERTIFIED MAIL AFFIDAVIT, TO RESPOND [UCC 1-201(10)]. YOU MUST EITHER AFFIRM OR REBUT EACH ITEM ON A POINT BY POINT BASIS AND SUCH RESPONSE MUST BE BY PROPER AFFIDAVIT THEREBY SIGNED AND SWORN BY OATH AND AFFIRMATION UNDER PENALTY OF PERJURY.
Pursuant to Title 28, USC §1746(1) and executed “without the United States,” I affirm under penalty of perjury under the laws of the united states of America that the foregoing is true and correct, to the best of my belief and informed knowledge. And Further deponent saith not. I now affix my signature and official seal to all of the above affirmations WITHOUT PREJUDICE to any of those rights pursuant to U.C.C. 1-207 and U.C.C. 1-103.6.with EXPLICIT RESERVATION OF ALL OF MY UNALIENABLE RIGHTS, to any of those rights pursuant to U.C.C. 1-207 and U.C.C. 1-103.6.
Dated this ______ day of ________________, 19____.
Witness My Hand and Seal
«FirstName» «MiddleName», «LastName», sui juris
Witnesses in the capacity of de jure citizen(s):
«FirstName» «MiddleName», «LastName»
State of «State»
Subscribed, Sworn and Sealed
County of «County»
On this _____ day of ____________, 1996, ____________________________ did personally appear before me, and is known to be the one described in, and who, under oath executed the foregoing instrument, and acknowledged that this instrument was executed as a free act and deed. Purpose of notary is for identification and signature verification only.
My Commission Expires:
TO BE ATTACHED TO EVERY COMMERCIAL INSTRUMENT OR FILING
TO BE ATTACHED TO EVERY COMMERCIAL INSTRUMENT
CONTAINING THE PHRASE "A SECURITY - 15 USC"
This "EXPLANATION SHEET" is to be attached to all Commercial Affidavits, including Affidavits of Obligation (Commercial Liens), which are non-judicial consensual processes which arise out of breach of special performance, e.g. for public officials' breach of oath of office, a violation of the Constitution for the United States of America (1787).
The Notice is included for the purposes of Full Disclosure (UCC), and as a warning for Commercial grace. The reference to Title 15 on a Commercial Affidavit is to indicate that the Affidavit could become a U.S.S.E.C. Federal Security with tracking number.
A SECURITY - 15 USC
THIS IS A U.S.S.E.C. TRACER FLAG,
NOT A POINT OF LAW*
*One definition of "A SECURITY" is "any evidence of debt".
The Lien Claimant does NOT rely on Title 15 USC as a basis for the "Commercial Lien." All commercial processes, by using or relying on notes or paper in Commerce (e.g. Federal Reserve Notes), must bear some sort of Federal tracking, a County Recorder's number, or a serial number, which process must be accessible for inspection at the nearest relevant County Recorder's Office or be widely advertised. When a Lien matures in three (3) months by default of the Lien Debtor through the Lien Debtor's failure to rebut the affidavit of obligation point-for-point categorically, it becomes an accounts receivable in the ordinary sense of a collectible debt upon which assignments, collateralization, and other Commercial transactions can be based, hence it becomes a Security subject to observation, tracking, and regulation by the United States Securities and Exchange Commission (hereinafter U.S.S.E.C.).
The notation "A Security - 15 USC" Is a flag in Commerce telling the U.S.S.E.C. that a speculation account is being established to enforce the lien. The U.S.S.E.C. can then monitor the process. As long as the process is truthful, open, and above board (full disclosure), the U.S.S.E.C. has no jurisdiction over it, for even the U.S.S.E.C. has no jurisdiction over the truth of testimony, depositions, affidavits, and affidavits of obligation (Commercial Liens), and an unrebutted affidavit stands as the truth in Commerce.
Legal Authority: Universal moral/existential truths/principles, expressed in Judaic (Mosaic) Orthodox Hebrew/Jewish Commercial Code, corollary to Exodus (chiefly Exodus 20:15,16). This is the best known Commercial process in America. Its prime user is the Internal Revenue Service. The IRS uses all three tracking codes. The federal code is the taxpayer's IRS document file number. The next stronger code is the County Recorder's number. The strongest, most important, most universal code is the taxpayer's identification number (TIN), also known as the Social Security Number (SSN).
The IRS collection process is legitimate. The IRS assessment process, however, is a Commercial fraud. IRS collection is not supported by any Commercial Affidavits, Commercial Liens, or by any contracts, agreements, or True Bill in Commerce establishing the basis on which any debt can be collected.
An affidavit is someone's solemn expression of truth. The foundation of the law, Commerce, and the whole legal system consists of telling the truth ("I swear to tell the truth, the whole truth, and nothing but the truth. . .") either by testimony, deposition, and/or by affidavit.
Every honorable judge requires those who appear before him to be sworn to tell the truth, and is compelled by the high principles of his profession to protect truth and do nothing to tamper with that truth, either directly or indirectly, in person or by proxy, or by subordination of an affiant or other party.
A judge cannot interfere with, tamper with, or in any way modify testimony without disintegrating the truth-seeking process in his sacred profession and destroying the fabric of his own occupation. To do so abrogates the 1st Amendment, which was established to protect truth. Doing so is committing professional suicide, as well as inviting countless civil and criminal repercussions.
Any judge who tampers with testimony, deposition, or affidavit, is a threat to the Commercial Peace and Dignity of the County, State, and United States of America, thereby violating the laws of all those political subdivisions and acting in the nature of a foreign, enemy Agent (a Mixed War), justifiably subject to penalties of treason.
Whoever acts against Commercial Affidavits without executing the necessary Commercial Paperwork under affidavit is subject to being charged criminally. Said charges include fraud, which is gaining at the expense of the loss of another using trickery or deception, and expand to include all violations that issue from said fraud.
Commercial processes are fundamentally non-judicial and pre-judicial. No judge, court, law, or government can invalidate these Commercial processes, i.e. an affidavit or a lien or complaint based thereon, because no third party can invalidate someone's affidavit of truth. To act against such an affidavit is to create a situation and/or enhance the condition of a Mixed War. No one can rebut an affiant except a party (e.g. a lien debtor) who alone, by his own affidavit, must speak for himself or herself if challenged. Only someone himself or herself knows his or her truth and has the right and responsibility to assert it.
A Mixed War condition exists where "authorities" have violated their oaths of office, violated the fundamental law they swore to uphold and protect, violated the codes, statutes, and regulations that govern them and in so doing disregard the peace and safety of the community by their acts, operating as Agents for undisclosed Foreign Principals or Governments against those whom they swore to protect. Such acts of Treason constitute a secret war against the people.
When an Affidavit is flagged in Commerce it becomes a Federal Document because it could become translated into a Security (for example by being attached in support of a Commercial Lien), and not accepting and/or filing a Commercial Affidavit becomes a Federal offense.