From our Friend Robert-Wayne – who will be featured on some upcoming audios or calls.
As always – not legal advice
The ball is pitched and everyone has an opinion…..a ball…..a strike….well it is ‘nothing' until the umpire calls the decision. How would you like to be the ‘umpire' of your administrative remedy?
First you need to know that if you are a private citizen, living according to the maxims of equity, then you live in truth, you live in God's law, and you rise above all the fiction in commerce.
When you are under attack from the public side, you are being presented with an offer that is in fiction. As a private citizen, you want to stay in honor…..so you can (1) argue (dishonor), (2) you can not answer (dishonor), or (3) you can pay or accept liability (honor) or you can conditionally accept their offer with YOUR terms (honor).
The three strikes and you are out would be a set of three documents which I have used successfully for years against the nastiest, most belligerent, aggressive foes in pursuit of anything they can steal from me through threat, coercion, and force.
First Document – Constructive Notice of Conditional Acceptance. In such a document you would take their offer and accept it upon proof of claim. In your demand for their proof of claim, you would address it to the ‘real party' who is hiding behind the mask of the corporate fiction, and demand they send you proof, swearing under penalty of perjury, with full and unlimited commercial liability (that means they will put up their children's education funds as surety for their fraud/fiction/B.S.). When they don't respond with the format of your demand (which would be an affidavit signed by real party), they go into dishonor and default. STRIKE ONE!
Second Document – Commercial Affidavit. In this document you would take each of your demands for them to prove in the first document and present them with an Affidavit of Specific Negative Averment, which is virtually impossible for anyone to answer sufficiently as they live in fiction/fraud and cannot stand up to the truth (it is like holding up a Cross to a Werewolf). It would sound like ‘there is no evidence that [here is where you would insert the item for proof of claim], and the affiant believes no such evidence exists. The final averments have to do with the third document, see below and one would say ‘there is no evidence that the [respondent] does not answer each and every averment, in affidavit form, under penalty of perjury, with full and unlimited commercial liability, that [respondent, both personally and corporately] would not be subject to the attached fee schedule. STRIKE TWO!
Third Document – a Fee Schedule for any further action taken on this fraudulent offer including time spent to respond, insufficient responses, arbitration hearings, phone calls, court hearings, etc. Each item for the offer of obligation that wastes anymore of your time would be subject to the fees in this schedule. When they continue their B.S., you bill them according to the fee schedule which they agree to by their non response or their insufficient response. STRIKE THREE!
They are OUT! Never, in past 10 years has this failed….they either go silent and go away, or you end up with a counterclaim against them personally and corporately for their dishonor.
Hope this helps.
Rob