A presentment is a written “demand for payment”, or for a “performance”. Presentments addressed to the artificial legal “person” NAME, are often in all-capital-letters and/or with a fictional title such as “Mr.” or “Mrs.”. They are not addressed to a living man or woman.
All presentments that arrive in the post addressed to the artificial legal “person” NAME, sent by incorporated governments/corporations, are offers of contract made to a living man or woman.
This is because incorporated governments/corporations are legal fictions, and so they can only contract with other legal fictions. They NEED a living man or woman to step forward to take responsibility for the liabilities attached to the NAME. In this way, a private man or woman in their “private capacity” can contract to “act” in a “public capacity” in the “role” of an artificial legal “person” NAME.
Every type of artificial legal “person” including “resident”, “taxpayer”, “driver” etc., is a debtor, and surety for the corporate national debt, in the debt-money system.
Most people are unaware of their living “standing”, and unwittingly “act” in “joinder” to the artificial legal “person” NAME which is a “creature of the State” under statutes.
Every presentment to the artificial legal “person” NAME, is a contract offering a commercial Privilege or Benefit to a man/woman, requiring JOINDER to the artificial legal “person” NAME.
Private men and women have an “inviolable” and “unlimited” power to contract, or not to contract, and therefore can decline a presentment.
Your silence is tacit acceptance of a contract, so nothing is gained by ignoring a presentment. If you do not wish to accept any Privilege or Benefit offered in a presentment, you can return it within three working days with a label over the address window: “NO CONTRACT – RETURN TO SENDER” or “CONTRACT DECLINED RETURN TO SENDER (CDRTS)”. Remember that a presentment addressed to an artificial legal “person” NAME is not addressed to a living man or woman, so it can also be returned: “ADDRESSEE NOT FOUND”, or “UNCLAIMED POSTAL ARTICLE”.
Download 1 (pdf) / 2 (pdf) / 3 (pdf)
However, it is more effective to respond with a Notice of Conditional Acceptance.
Such a Notice rebuts a false claim not by disputing it, but by accepting it upon verification. In this way, you stand in peace and honour, while the burden of proof is on the claimant, where it belongs. If a claim cannot be verified with evidentiary documents, it cannot be legally or lawfully enforced, and any further claim places the claimant in dishonour, compounding their wrongdoing, making them liable. To inform them of the consequences of their potential liability, you can include a Fee Schedule in your Notice, and ultimately you can invoice them for any breaches, although do not expect them to be honourable.
It is important to keep records of paperwork and postings (including receipts), and to be systematic and patient. If the claimant cannot verify their claim within a reasonable time, usually thirty (30) days, they have failed. At this point you have formed a binding agreement at law in which the claimant has been “estopped”, which means they are legally or lawfully prevented from further asserting their claim.
Even so, legal actors may ignore your Notice(s) and continue to send presentments, or they may send intimidating letters in legalese, or they may threaten to pursue legal action in one of their commercial courts, all of which are merely repeated attempts to contract.
The relevant maxim of law is: “He who leaves the battlefield first loses by default.”
Perseverance is the key to success.
You can serve one thirty (30) day Notice including an Estoppel, as a minimum process, for ordinary alleged debts. Here is an example:
Download (doc) / (docx) / (odt) / (pdf)
Or you can serve three Notices at least ten (10) days apart, concluded by a separate Estoppel Notice, as a maximum process, for significant alleged debts to incorporated government agencies/banks/corporations. Here are some examples:
First Notice: Download (doc) / (docx) / (odt) /(pdf)
Second Notice: Download (doc) / (docx) / (odt) / (pdf)
Third Notice: Download (doc) / (docx) / (odt) / (pdf)
Estoppel Notice: Download (doc) / (docx) / (odt) / (pdf)
Fee Schedule: Download (doc) / (docx) /(odt) / (pdf)
Invoice: Download (doc) / (docx) / (odt) / (pdf)
|Noticing a Presentment:
1. When we deal with a corporation we need someone to take liability for that corporation. Therefore, we need the real name of the man or woman who is making the claim.
2. Your Notica is “private” and must be addressed to the real name of the man or woman in their “private capacity”, otherewise it will be less effective or ignored.
3. To ensure that someone acting for the corporation is made liable, use: “Notice To Agent Is Notice To Principal: Notice To Principal Is Notice To Agent”.
4. Including “Without Prejudice” ensures that the contents cannot be used against you in any legal/lawful action at a later date.
5. A presentment must be responded to within three  working days. They may date it ahead of the postmark to make you too slow, so state in your Notice when their presentment was received.
6. Your Notice must be sent by registered mail, as it is a “negotiable instrument” which is a “prohibited item” via other postal methods including courierpost signature required. [Note, in New Zealand, the registered post service has been withdrawn, so the only service option is courierpost signature required.]
7. Their address must be a physical street address, not a PO Box, because we are noticing someone real, at their real location. Mail sent via a corporate PO Box is often ignored.
8. After writing and printing, turn it over and affix a 5c postage stamp to the lower right corner. Stamp or write the date over it, and scribe your autograph over it. This prevents it becoming an “inchoate” instrument, which they can complete in order to use the autograph on the front to create money. You are legally/*lawfully the Postmaster and they cannot interfere with the post.
Ben Cheating, in his private capacity
10th March, 2017
Ben Cheating in his Private Capacity
Regarding: Your letter dated 5th March 2017, postmarked 8th March 2017 and received 10th March 2017.
NOTICE AGENT IS NOTICE TO PRINCIPAL: NOTICE TO PRINCIPAL IS NOTICE TO AGENT
We, a man, in body-mind-spirit, underwriter for the artificial person JOHN HENRY DOE, non-adverse, non-belligerent, non-combatant, secured creditor with power-of-attorney, have examined your recent voluntary submission of evidentiary documents claiming an account debt, and hereby conditionally accept said claim upon verification. In order to properly validate the alleged debt, we require you to provide:
Failure to substantiate said claim within (30) days of recorded delivery of this Notice, shall constitute legal/lawful Accord and Satisfaction given to settle and close all said alleged claims and Estoppel by Acquiescence. In that event, we reserve the right to charge damages against Ben Cheating, in his private capacity, under his full commercial liability, for any unverified claims presented thereafter regarding this matter, whatsoever.
We look forward to reviewing your evidence, or confirmation of settlement of the account.
All Rights Reserved – Without Prejudice – Non Assumpsit
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