Updated Sample Demand Letter - V02
Note: Changed last line to: "... to said demand herein."
Doug
Updated Sample Demand Letter - V02
Note: Changed last line to: "... to said demand herein."
Doug
Originally Posted by doug555
Thank you for sharing that.
I have a couple questions;
What are the Exigent Circumstances?
Where would this be published? Or who is notified?
The Exigent Circumstances is "national emergency" since 1861...
Upon non-response to this demand, I would do a Privacy Act request for the currently-effective signature card on file for the account, including all amendments thereto.
Upon receipt, would record a copy with affidavit in support in county, and get a certified copy back out.
Then mail copies of that to all pertinent parties as needed.
If allonge-amendment is missing from card, then file suit in a court of equity for breach of trust and violation of 12 USC 411, to get a declaratory judgment that the allonge-amendment is effective on the account, using Rod Class's Amended Complaint 2 as a template to start with...
Yes, a counterclaim. Suitors have been doing this last part for years now. The Certificate of Search functions as a standing judgment - Failure to State a Claim for which Relief may be Granted.
This is the first time I have seen the entire Emergency addressed so efficiently.
The Libel of Review focus is on the 1917 Trading With the Enemy Act.
The reason that I asked the questions I did is because of this efficiency, you may be opening up some innovations. My Comptroller Warrant to the IMFIRS (in accord with Are You Lost at C?), by the timing alone triggered the Montana Freeman Standoff by pressing for pre-1861 lawful money as I avoided citing the UCC with my "endorsement".
Ergo, if you were to sanitize the SSN and account #, publish this notice at the county clerk and recorder there today or Monday, and the Government were to shut down you might have some interesting synchronicity. You are actually making a lawful stand against the entire extraordinary occasion, are you not? I think if you published it locally and at the secretary of state too (postmarked today) - in lieu of UCC as common law - then you might very well be making history.
I recognize your asseveration as the kind of thing I would do and have often done. Therefore I am giving recognition namaste' - which is to say that I recognize the Holy Spirit of God guides you in your endeavor. It is obviously nothing more than an attached and fully incorporated demand for lawful money designed to be filed with any Signature Card on a non-interest bearing checking or savings account but I doubt you will have any luck getting it filed with a bank until you have the apostille of the SoS on it. - Maybe the Department of State.
Look at this Notice on the second page:
http://img27.imageshack.us/img27/6262/20mlien16.jpg
http://img441.imageshack.us/img441/9568/20mlien17.jpg
So you might just leave the SSN and account # blank to be filled in by hand when opening or proposing the novation to a current account. Likely, you will get a rejection from the SoS at first instructing you to utilize a UCC-1 Finance Statement but at that time, the SoS is recognizing the UCC will be binding law.
Ergo why I am saying you may move this into the larger "private" of Federal Reserve Banking and the entire scope of fiat currency.
Regards,
David Merrill.
It has been explained to me by two different banks that common banking practice is to micro-film the signature card (front and back) and then destroy the original. With that being said, there is no actual signature card to which your novation may be attached. Based on my own experience, the bank will reject your request without offering any recourse. But there is recourse!
I suggest that you go to the bank and submit a new signature card, and include any novations to the current agreement onto that new agreement. An ink stamper with your novations does the job nicely - just stamp the card. This way, your novations will be micro-filmed into their records. Any bank personnel that views the micro-film under a magnifier will see your novations.
If you get any flack from the low-level employees regarding the novation, speak something similar to these "magic" words:
"You're saying that I cannot make such a novation to the signature card? Well, may you please consult your legal department? I'm certain that such a novation is both lawful and legal, but I can understand that you may be unsure. I am entitled to this privilege, and would hate to be illegally denied this privilege because you've decided to make a legal determination on behalf of the bank. Are you an attorney? Only licensed attornies may practice law, and only licensed attornies hired by the bank to represent the bank in legal matters may make legal determinations for the bank."
I recently opened what I call a "lawful money checking account" at Bank of America. BoA's legal department verified for the low-level bank personnel that my amendment to the agreement is okay. Well, the personal banker didn't offer to run this by Legal (initially the application with amendment was flat out refused), but rather I had to insist! I find that these low-level employees operate off of 'gut feeling' rather than according to law and policy. I also find that reminding them that they can get in trouble for the unlicensed practice of law encourages them to work through the proper channels.
Last edited by Rock Anthony; 04-08-11 at 07:55 PM.
Nicely done.
Thanks Rock;
That is why I am saying to publish your general demand through the state and maybe even the US. Possibly a $39 evidence repository (miscellaneous case jacket) in the USDC. Then serve that on your bank and if they want to ignore the Notice they do so at their peril. Remember, if they lend fractionally and create currency without your endorsement bonding, that is counterfeiting!
Perhaps "Lawful Money" is what Mack Ott is referring to in his article entitled "Money, Credit and Velocity" in the May, 1982 Federal Reserve "Money" publication when he stated in a footnote that "exchange contracts could easily be composed to thwart its use in everyday commerce"... [referring to FRNs].
In fact, Patrick Devine is right now exchanging certified copies of his "Certificate of Live Birth" (Banking Note) for "lawful money" using a "Copyhold Estate Licensing Document of Exchange of Assets" to (I think) his birth State Treasurer located in that State's Capital Building. He expects the funds this Friday or Monday. See his latest files here, or this ZIP file.
I will report any feedback ASAP...
That's amazing! Thanks!!
Doug, Did you ever follow up to find out if Patrick Devine got his money?
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