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Thread: Generic Notice and Demand - $350 civil suit

  1. #31
    Quote Originally Posted by Bentley View Post
    I made my deposit, endorsing on backs of checks, "to be redeemed for lawful money under 12 USC 411" at my credit union and the legal department called and refused to accept the deposits. They claimed to 'not accept any "restricted" deposits'. I asked if they were insured by the federal government (which places them in the federal reserve system and under the Federal Reserve Act) and they said yes, so I simply asked for them to put their objection in writing and to cite the law under which they were refusing to accept deposits. They said they will send a letter next week with this information. I'll post their response.

    Bentley

    Sounds good Bentley, would love to see the followup. I too have a letter in with my credit union, I put it straight to their legal team...


    [QUOTE]
    This leads me to a simple inquiry; I’m wondering if I can open an account with (your credit union), a non-interest bearing account, of which the balance cannot be used towards fractional lending? If I only deposit United States currency notes, defined in 31 USC 5115, found below in bold, it is illegal for members of the Federal Reserve System to use these funds as a reserve. Therefore, I would like to know how to request funds be stored in such a way.

    (a) The Secretary of the Treasury may issue United States currency notes. The notes—
    (1) are payable to bearer; and
    (2) shall be in a form and in denominations of at least one dollar that the Secretary prescribes.
    (b) The amount of United States currency notes outstanding and in circulation—
    (1) may not be more than $300,000,000; and
    (2) may not be held or used for a reserve.

    [QUOTE/]

    They responded to my last letter, we'll see about this one...

  2. #32
    Who is using your SSN Card for identification purposes besides you? That a very good question.

    At 14, one cannot voluntarily enter into contracts http://law.yourdictionary.com/contract

    What Is the Legal Age to Contract? http://www.wisegeek.com/what-is-the-...o-contract.htm

    Generally speaking a minor cannot enter into a legally binding contract. http://wiki.answers.com/Q/Are_contra...rs_enforceable

    "A birth certificate is not a form of identification"
    The state agency that issues birth certificates will share your child's information with us, and we will mail the Social Security card to you. http://ssa-custhelp.ssa.gov/app/answ...-for-a-newborn

    A birth certificate is not a form of ID it is only used to establish a Social Security number. http://ssa-custhelp.ssa.gov/app/answ...tail/a_id/2285

    The Social Security number was originally devised to keep an accurate record of each individual’s earnings, and to subsequently monitor benefits paid under the Social Security program. However, use of the Social Security number as a general identifier has grown to the point where it is the most commonly used and convenient identifier for all types of record-keeping systems in the United States. http://ssa-custhelp.ssa.gov/app/answ...ecurity-number

    Specific laws require a person to provide his or her Social Security number for certain purposes. While we cannot give you a comprehensive list of all situations where a Social Security number might be required or requested, a Social Security number is required or requested by the following organizations: http://ssa-custhelp.ssa.gov/app/answ...ecurity-number

    Bank of America: Your Birth Certificate is NOT valid as ID!, page 1 http://www.abovetopsecret.com/forum/thread470440/pg1

    Section 312: Special Due Diligence for Correspondent Accounts and Private Banking Accounts. This Section amends the Bank Secrecy Act by imposing due diligence & enhanced due diligence requirements on U.S. financial institutions that maintain correspondent accounts for foreign financial institutions or private banking accounts for non-U.S. persons.

    Section 326: Verification of Identification. Prescribes regulations establishing minimum standards for financial institutions and their customers regarding the identity of a customer that shall apply with the opening of an account at the financial institution. http://www.fincen.gov/statutes_regs/...r=1&id=326#326

    The appropriate “Identification Number” is determined by an institution’s CIP and will depend upon whether the customer is from the United States. http://www.bankersonline.com/aml/326whitepaper.pdf

    For U.S. customers (both individuals and entities) a CIP should require a Taxpayer Identification Number, such as a Social Security Number, Individual Taxpayer Identification Number, or Employer Identification Number.

    As for non-U.S. customers, a CIP should require one or more of the following: a Taxpayer Identification Number, such as a Social Security Number, Individual Taxpayer Identification Number, or Employer Identification Number; passport number and country of issuance; alien identification card number; or number and country of issuance of a foreign government-issued document evidencing nationality or residence and bearing a photograph (or similar safeguard).

    See 31 C.F.R. 103.121(b)(2)(I)(A): http://www.treasury.gov/resource-cen...s/bankrule.pdf

    There are two exceptions to the above rule. A CIP may include procedures that accommodate a customer who has applied for, but not yet received, a taxpayer identification number. Such procedures must confirm that the tax ID application was filed before the customer opens the account and require the bank to obtain the tax ID within a reasonable period after the account is opened. A second exception allows credit card issuers to obtain the identifying information from a third-party source prior to extending credit to the customer.

    31 C.F.R. 103.121(b)(2)(i)(B) http://cfr.vlex.com/vid/103-121-cust...nions-19739609
    Last edited by Chex; 04-03-13 at 06:55 PM.

  3. #33
    "A birth certificate is not a form of identification or is it?" http://www.cookcountyclerk.com/vital...s/default.aspx

    Primary Evidence of U.S. Citizenship (One of the following):*A certified birth certificate has a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of your birth. Please note, some short (abstract) versions of birth certificates may not be acceptable for passport purposes. http://travel.state.gov/passport/get...first_830.html

    We can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information (date of birth or age) and preferably a recent photograph. A birth certificate is not a form of identification. As proof of identity, Social Security must see one of the following primary evidence documents: http://ssa-custhelp.ssa.gov/app/answ...tail/a_id/2281

    then the 'entity' formerly known as the IRS steps in and intimidates the employer into not accepting it, in violation of said regulation.

    TREASURY ORDER: 150-06 http://famguardian.org/PublishedAuth...s/irsbegin.htm

    TREASURY ORDER: 150-06 http://foundationfortruthinlaw.org/P...-for-ORDER.pdf

    REVENUE PROVISIONS, Subtitle E - (amendments to the U.S. Code)"SEC. 742 , TAXPAYER IDENTIFICATION NUMBERS REQUIRED AT BIRTH Link http://www.google.com/search?q=TAXPA...e7&rlz=1I7MEDA

    SSA - POMS: RM 00201.040 - Void Social Security Numbers (SSNs) - 03/26/2008 https://secure.ssa.gov/poms.NSF/0/4c...ocument&Click=

    "The Social Security Act does not require a person to have a Social Security number (SSN) to live and work in the United States, nor does it require an SSN simply for the purpose of having one." http://famguardian.org/Subjects/Taxe...htsAndSSNs.htm

    According to the Social Security Regulations, a person must use a SSN if they apply for public benefits. An applicant for government benefits who does not have, or does not use, a SSN will be denied. Some people have sent letters to the Social Security Administration stating that they were "rescinding" their social security number. They publicly "give it back" so to speak. However, the Social Security Administration continues to maintain a record pertaining to each person using their social security account number. It's sort of analogous to the theme of "Hotel California" by the Eagles "you can check out anytime you like, but you can never leave." We are not aware of any cases where the SSA agreed to expunge an adult’s record. Neither are we aware of any occasion where the SSA refunded any amount of contributions.

    Applying to Have the SSN Application Removed From an Adult: Some people argue that when they applied for a SSN, they "unknowingly" entered into a "contract" with SSA and that by rescinding their number they absolve themselves of any commitment they may have unknowingly made.

    But the simple fact is, Social Security is not a contract. This very important point is clearly brought out by Larry Becraft in his brief entitled "Comment Upon Voluntary Nature of Social Security." Therein, he states:

    "Is Social Security a contract? A private insurance policy is clearly a contract because the policyholder makes a promise to pay money to the insurance company, which in turn agrees to likewise pay the policyholder if certain contingencies arise. These "promise to pay" elements are essential for a contract, but they simply are not present with Social Security. First, Social Security "payments" are not premium payments, but are taxes instead.

    "Secondly, there is no corresponding and enforceable 'promise to pay' from the Social Security Administration to its 'beneficiaries.' [G]overnment contracts are very special and require an appropriation from Congress before money can be expended and a contract made. Regarding Social Security, the only 'beneficiaries' who have any claim against the public treasury are those for whom Congress has already made an appropriation, which can last no longer than a year. The rest of the Social Security claimants in America have no enforceable claim on public funds, and all they possess is a 'political promise,' upon which Congress can renege at any moment. If Congress decided tomorrow to cut off all Social Security, nobody would have any claim for payment. Thus, Social Security has never been and is not now a contract."
    Simply applying for (and receiving) a Social Security number does not constitute the making of a contract. And additionally, the Social Security Administration has never asserted that Social Security was a "contractual" agreement. http://famguardian.org/Subjects/Taxe...SSNs.htm#1.5.2

    Sec. 208. [42 U.S.C. 408] (a) Whoever—
    (1) for the purpose of causing an increase in any payment authorized to be made under this title, or for the purpose of causing any payment to be made where no payment is authorized under this title, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939[95], or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954[96]) as to—

    (A) whether wages were paid or received for employment (as said terms are defined in this title and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or http://www.ssa.gov/OP_Home/ssact/title02/0208.htm

    If you are not a (government) employee as defined above and now that you’ve read the law, ask yourself, “Am I liable for income tax? Am I even an employee? In review, there is only one law that establishes liability, (§3403) for income tax withheld (§3402) in Title 26. In searching all 50 Titles of U.S. Code, it is the only law that the congressional search engine identified as pertaining to ‘income tax collected at source.’ How can Line 43, “TAXABLE INCOME” of the 2009 (or current year) 1040 form contain a true value?

  4. #34
    Senior Member Brian's Avatar
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    Wow, Chex that's a lot of info. How about boiling it down to just: Don't use Bank Credit, demand coin. So So Security, Medicare, Obamacare are all just TAXES on the use/transfer of Bank Credit not issued by the Treasury.

    1937 Helvering v. Davis, 301 U.S. 619: The tax on the employer is an indirect EXCISE TAX on the employer/employee relationship. The tax on employees is an indirect “special income tax,” which is “to be deducted from their wages and paid by employers” and “measured by wages paid [by the employer] during the calendar year.”

    Bank Credit see: 1869 Veazie Bank v. Fenno, 75 U.S. 533
    SCOTUS speaking about greenbacks: "This currency, issued directly by the government for the disbursement of the war and other expenditures, could not, obviously, be a proper object of taxation."
    and
    " The methods adopted for the supply of this currency were briefly explained in the first part of this opinion. It now [75 U.S. 533, 549] consists of coin, of United States notes, and of the notes of the National banks. Both descriptions of notes may be properly described as bills of credit, for both are furnished by the government; both are issued on the credit of the government; and the government is responsible for the redemption of both; primarily as to the first description, and immediately upon default of the bank, as to the second. When these bills shall be made convertible into coin, at the will of the holder, this currency will, perhaps, satisfy the wants of the community, in respect to a circulating medium, as perfectly as any mixed currency that can be devised.

    Having thus, in the exercise of undisputed constitutional powers, undertaken to provide a currency for the whole country, it cannot be questioned that Congress may, constitutionally, secure the benefit of it to the people by appropriate legislation. To this end, Congress has denied the quality of legal tender to foreign coins, and has provided by law against the imposition of counterfeit and base coin on the community. To the same end, Congress may restrain, by suitable enactments, the circulation as money of any notes not issued under its own authority. Without this power, indeed, its attempts to secure a sound and uniform currency for the country must be futile.

    Viewed in this light, as well as in the other light of a duty on contracts or property, we cannot doubt the constitutionality of the tax under consideration. "

    and finally I offer this: Page 38 last paragraph into page 39 http://books.google.com/books?id=X4k...201797&f=false

    Could it not be any clearer that paper currencies NOT issued directly by the government and NOT redeemable in the coin of the realm are instituted with a built in blowoff/regulator valve known as the income tax? Without the income tax it would hyperinflate itself to death in no time. It serves to ground the system (if you want to put it into electrical terms).

  5. #35
    Quote Originally Posted by David Merrill View Post
    I am supposing you want me to cut a new path here. Something along the line that I remarked that there may not be fraud in light of remedy, to the post you quoted.

    I like the way your mind worked its way to the question if I am understanding you correctly. In other words this post may just be the way my mind works and a complete misinterpretation of your post; I just like where you led my mind.

    The Social Security in itself is a valid income tax and you cannot (in all my experience) ever have a bank or credit union account without a SSN. We start there. However, like you have heard me say, I have no SSN and therefore do the math; I have no bank account. So we work from there and as you know I consider the SS System an insurance company - elderly and other disability insurance. I paid premiums and when I have a use for that SSN I might write to the SSA for a reminder by Card what that sequence of numbers is on my insurance policy.

    So if I had that much use for a bank account, like all you do, then I might do the same and establish the sequence of digits so I could open and use an account.

    In my mind however, the SSN on the account would have nothing to do with the insurance policy that it is for in my mind. Now we arrive at the contemplation by the bank that I provided the SSN for income tax purposes - as a Taxpayer ID #. I did not. But I can just bet that since my bank account has nothing to do with me being old or disabled that the bank is requiring the SSN because they are.

    In this situation I would add verbiage to defeating the SSN presumption on my Notice and Demand served on the Fed, recorded in the USDC and served on the bank.

    Thank you!

    I think you just improved the Notice and Demand template. I am always looking for stuff like that.



    Regards,

    David Merrill.
    I should have replied awhile ago to your post here David, but I got busy exploring other posts on other topics. If I've somehow helped you think of a new Notice template, it was quite serendipitous on my part, I assure you, but thank you for the compliment anyway.

    I eagerly await to explore what your creative and educated mind comes up with. Where did you learn this stuff anyway? Would Pastor Richard Standring be any of your sources?

    Bentley

  6. #36
    Quote Originally Posted by Bentley View Post
    I should have replied awhile ago to your post here David, but I got busy exploring other posts on other topics. If I've somehow helped you think of a new Notice template, it was quite serendipitous on my part, I assure you, but thank you for the compliment anyway.

    I eagerly await to explore what your creative and educated mind comes up with. Where did you learn this stuff anyway? Would Pastor Richard Standring be any of your sources?

    Bentley
    STANDRING provided only one great tidbit along the way. That is that Black's Fifth Law Dictionary is approved of by the Crown in a dedication at the end of the hardcover edition. That always stuck with me.

    We have filters. - Like the small intestine. The liver and solar plexus resonate or stifle chemicals going through the intestinal wall depending on what your body needs in the blood. It is like that. My heritage is Patroons on both sides of my family so items related to admiralty and municipal (METRO) organization seem to filter through the screen and emerge consciously to me. I have the Mason library and museum available as with the federal repository (Government Documents).

    The brain trust is a great echo chamber for playing with new ideas - as is this website.

    Thanks for the great compliments!

  7. #37
    Quote Originally Posted by Chex View Post
    "A birth certificate is not a form of identification or is it?" http://www.cookcountyclerk.com/vital...s/default.aspx

    Primary Evidence of U.S. Citizenship (One of the following):*A certified birth certificate has a registrar's raised, embossed, impressed or multicolored seal, registrar's signature, and the date the certificate was filed with the registrar's office, which must be within 1 year of your birth. Please note, some short (abstract) versions of birth certificates may not be acceptable for passport purposes. http://travel.state.gov/passport/get...first_830.html

    We can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information (date of birth or age) and preferably a recent photograph. A birth certificate is not a form of identification. As proof of identity, Social Security must see one of the following primary evidence documents: http://ssa-custhelp.ssa.gov/app/answ...tail/a_id/2281

    then the 'entity' formerly known as the IRS steps in and intimidates the employer into not accepting it, in violation of said regulation.

    TREASURY ORDER: 150-06 http://famguardian.org/PublishedAuth...s/irsbegin.htm

    TREASURY ORDER: 150-06 http://foundationfortruthinlaw.org/P...-for-ORDER.pdf

    REVENUE PROVISIONS, Subtitle E - (amendments to the U.S. Code)"SEC. 742 , TAXPAYER IDENTIFICATION NUMBERS REQUIRED AT BIRTH Link http://www.google.com/search?q=TAXPA...e7&rlz=1I7MEDA

    SSA - POMS: RM 00201.040 - Void Social Security Numbers (SSNs) - 03/26/2008 https://secure.ssa.gov/poms.NSF/0/4c...ocument&Click=

    "The Social Security Act does not require a person to have a Social Security number (SSN) to live and work in the United States, nor does it require an SSN simply for the purpose of having one." http://famguardian.org/Subjects/Taxe...htsAndSSNs.htm

    According to the Social Security Regulations, a person must use a SSN if they apply for public benefits. An applicant for government benefits who does not have, or does not use, a SSN will be denied. Some people have sent letters to the Social Security Administration stating that they were "rescinding" their social security number. They publicly "give it back" so to speak. However, the Social Security Administration continues to maintain a record pertaining to each person using their social security account number. It's sort of analogous to the theme of "Hotel California" by the Eagles "you can check out anytime you like, but you can never leave." We are not aware of any cases where the SSA agreed to expunge an adult’s record. Neither are we aware of any occasion where the SSA refunded any amount of contributions.

    Applying to Have the SSN Application Removed From an Adult: Some people argue that when they applied for a SSN, they "unknowingly" entered into a "contract" with SSA and that by rescinding their number they absolve themselves of any commitment they may have unknowingly made.

    But the simple fact is, Social Security is not a contract. This very important point is clearly brought out by Larry Becraft in his brief entitled "Comment Upon Voluntary Nature of Social Security." Therein, he states:

    "Is Social Security a contract? A private insurance policy is clearly a contract because the policyholder makes a promise to pay money to the insurance company, which in turn agrees to likewise pay the policyholder if certain contingencies arise. These "promise to pay" elements are essential for a contract, but they simply are not present with Social Security. First, Social Security "payments" are not premium payments, but are taxes instead.

    "Secondly, there is no corresponding and enforceable 'promise to pay' from the Social Security Administration to its 'beneficiaries.' [G]overnment contracts are very special and require an appropriation from Congress before money can be expended and a contract made. Regarding Social Security, the only 'beneficiaries' who have any claim against the public treasury are those for whom Congress has already made an appropriation, which can last no longer than a year. The rest of the Social Security claimants in America have no enforceable claim on public funds, and all they possess is a 'political promise,' upon which Congress can renege at any moment. If Congress decided tomorrow to cut off all Social Security, nobody would have any claim for payment. Thus, Social Security has never been and is not now a contract."
    Simply applying for (and receiving) a Social Security number does not constitute the making of a contract. And additionally, the Social Security Administration has never asserted that Social Security was a "contractual" agreement. http://famguardian.org/Subjects/Taxe...SSNs.htm#1.5.2

    Sec. 208. [42 U.S.C. 408] (a) Whoever—
    (1) for the purpose of causing an increase in any payment authorized to be made under this title, or for the purpose of causing any payment to be made where no payment is authorized under this title, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939[95], or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954[96]) as to—

    (A) whether wages were paid or received for employment (as said terms are defined in this title and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or http://www.ssa.gov/OP_Home/ssact/title02/0208.htm

    If you are not a (government) employee as defined above and now that you’ve read the law, ask yourself, “Am I liable for income tax? Am I even an employee? In review, there is only one law that establishes liability, (§3403) for income tax withheld (§3402) in Title 26. In searching all 50 Titles of U.S. Code, it is the only law that the congressional search engine identified as pertaining to ‘income tax collected at source.’ How can Line 43, “TAXABLE INCOME” of the 2009 (or current year) 1040 form contain a true value?
    Your last paragraph comes from the document, "Liberty for Dummies" in post #18 of this thread.... try to give credit where credit is due.

    Bentley

  8. #38
    Quote Originally Posted by Bentley View Post
    Your last paragraph comes from the document, "Liberty for Dummies" in post #18 of this thread.... try to give credit where credit is due.

    Bentley

    It appears that Chex is trying to pass on useful info, not pass it off as a "Quote" from himself?

    You can either use it or not, but attacking someone who is trying to help educate you may not be beneficial to you in the long run.

  9. #39
    Quote Originally Posted by LearnTheLaw View Post
    It appears that Chex is trying to pass on useful info, not pass it off as a "Quote" from himself?

    You can either use it or not, but attacking someone who is trying to help educate you may not be beneficial to you in the long run.
    Whoa, Bro... nobody's attacking anybody here. Chex quoted family guardian paragraph and correctly referenced the link http://famguardian.org/Subjects/Taxe...SSNs.htm#1.5.2., and other references are correct. Probably it was just an oversight. Asking for consistency wasn't meant to attack anyone. Sorry for the misinterpretation.

    Bentley

  10. #40
    Would anybody know whether , “…the Nomen family” would be your Middle name(true name) or LAST NAME (legal name)? to me it shows capital –small case letters so it has to be true name)paragraph 1.
    On paragraph 2 below , it shows “Nomen” and “NOMEN” ? Would that be “Nomen” Middle name, ‘NOMAN” ? MIDDLE NAME? OR “Nomen” Last Name, or “NOMEN” LAST NAME?
    1. “Comes now Petitioner of the Nomen family making a special visitation by absolute ministerial right to the district court, "restricted appearance" under Rule E(8)….”
    2. “The district courts have "exclusive original cognizance" of all inland seizures and
    this includes vessels in rem (Rule C(3))
    such as trust organizations and legal names (abbreviated name.
    Nomen, PETITIONER NOMEN, Respondent, Henry Paulson, John Snow etc.)”
    Above why Nomen, then PETITIONER NOMEN ?
    Sorry can’t grasp it, here. All opinions appreciated Franco

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