Posted on July 21, 2013 by lucas2012infos | Leave a comment
Julian’s Debt Contesting Experience – OPPT Success Stories
July 21, 2013
Here is another absolutely incredible post put out by our friends over at the Stillness in the Storm blog. After a huge debut week, I must admit I am a big fan of the work these guys have tirelessly managed to pull together. I have to commend the amount of time and commitment it must take to develop all of this material. A testament to how draining and exhausting, challenging the system can be. The only alternative, and one I am no longer willing to consider, is to continue to consent to the fraud and corruption committed these alleged financial institutions and their thugs.
I’ve said it here on this blog countless times and I will say it again; if EVERYONE stood up to the system, such as you will see in the following post, the whole thing would come crashing down faster than you could say ‘financial tyranny.’ Although, it is of vital importance that I offer an important disclaimer to anyone and everyone who may read this article and subsequently feels empowered to take action. Challenging the system is a personal choice. Just because your rights have been violated and your creditors have clearly committed fraudulent acts against your corporate fiction, does not mean they will automatically wave the white flag and surrender without a fight.
Prior to making this kind of stance, one must take all potential outcomes into consideration. If I do this, is there a possibility my family may suffer as a consequence? Is there anyone in my life who may suffer adversely as a result of my actions? Am I ready to take a stance for what I believe in no matter what the potential consequences? Do I know my rights well enough to defend them if the opportunity arises which requires me to do so? Have I truly thought this through on every level? If you haven’t taken these questions into careful consideration, perhaps you should re-evaluate whether or not you are ready.
Many people have viewed the Courtesy Notice as the cure all for every single one of their legal and financial problems; which it is not. It needs to be viewed as an empowering ‘tool.’ The situations outlined in this post make for great illustrations of the types of cases in which the odds are very good the outcome could be largely beneficial. I share the email I was sent below as an example of where the CN most likely will not be as effective.
Hi, my name is Shauwna xxxx, I am in a bad situation I chose to send oppt courtesy notices to court house in eureka in Woodford county court house and the judge as well as the mayor’s office. They have now issued me a warrant for my arrest for not paying my fines. I can not get arrested, I have three children and one on the way I would lose my job. I sent notice s certified, and I proceeded to send them after 72hours. They are not listening. Please tell me the next steps.
Thank you much
In the above example, Shawna was in a situation where there was already some type of civil action against her and resulting penalty she was ‘allegedly’ charged with. So, in order to get out of paying a fraudulent fine, her thought was to send in a Courtesy Notice. The idea/assumption being, once the court and mayor’s office were informed of their foreclosed status, they would simply leave her alone. In this case, the court house and Mayor’s office can assume the challenging party, will not have the know-how and wherewithal to defend themselves in court, and to properly assert said accusations against them. Someone such as Miles from this interview I posted yesterday, would likely have no problem taking on such a feat. But for a mother of 3, with one on the way, and no experience in this arena, going down this road would absolutely not be advised.
It would be different if it were some credit card debt or collection agency. In this case, if they refuse to retract the debt, the worst thing that could happen is they continue their efforts to collect and ding your credit report for non-payment in 30, 60, 90 day increments. Not nearly as threatening as say a warrant for arrest and potential jail time. In the case above, it has much less to do with the Courtesy Notice not working, and much more to do with the accusers inability to back it up. I feel very much for this woman and the situation she has found herself in, but her only option at this point will be to either study up on her rights and stand strong in her Truth with the ability to challenge the fraudulent nature of the system. Or, pay the fines and protect her children from the potential fallout which could likely ensue if her attempts proved unsuccessful.
At this point, while we allow for the whole system to come unglued, which is happening faster now than ever before, the best thing we can do is to study up and know our rights. That way when we’re put in a situation where our ‘inalienable’ rights have been violated we know how to properly defend them and ourselves. Never forget, governments/systems/creditors/collection agents derive their authority by the CONSENT of the governed. ~BK
Since learning about the foreclosure on the worlds corporations including those masquerading as government, I began contesting the alleged debt that JOVAN J ROBLES “owed.” I began doing this in March 2013 and have had quite a few interactions. Some have resulted in the debt being retracted from collection agencies and others still are attempting to collect a debt from a previously foreclosed entity.
Contesting Debts and Allegations in General
Regardless of whether it is a debt, an order from a court, or any other request it is always guided by the rules of commerce; because Governments are Corporations held to the rules of Contract Law. You have a right to a transparent and open discourse: a meeting of the minds. You are a potential party to a contract, and have rights which can be asserted; if one knows thyself.
The Courtesy Notice and any other contesting method must achieve the following to be effective:
Assert who you are, ask who the other party is and where they derive the authority or right to make claims against you; granted by your explicit consent.
If it is a corporation you are dealing with what proof do they have for the validity of the debt? Do they have a wet ink signature? Do they have a contract?
If it is an alleged Government contacting you, what authority did you give them to impose orders and directions on you? Remember, Governments derive their authority from the CONSENT of the GOVERNED.
Transparency is the name of the game and since the vast majority of these institutions are criminal organizations designed to scam the unsuspecting citizenry they do NOT want to act transparently. This is an advantage for us because the lawful system of Contracts and Commerce requires transparency, but only if that standard is upheld by a-party to the contract; this is you. To do nothing is to accept the criminal fraud and false allegations of someone sending you a letter or correspondence; AGREEMENT to their terms and conditions.
These tools clear the air, assert your rights, and declare how you will be engaging in business with them; they set the foundations for YOUR terms and conditions.
All Third Party Debt Collection is Fraud
A little secret about debt is once it is discharged by any party, that party looses prior claim to it. Remember its all based on Contracts. Lenders or Creditors claim their interest is the money that was lent to you. If they recover that money, by selling the debt to a third partyor they retract their interest in the contract by discharging the debt, they lose all claims to it over you.
Think about it, if a Lender was at risk of loss due to my lack of payment and then sold the debt for a sum of money that risk is gone because they have “recovered” their original interest in the contract. How you can recover a debt by selling it to a third party and then still try to collect on it?
This is exactly what happens in 3rd party debt collection. The party you originally contracted with sold your debt, giving up their claim to it. And now a third party is trying to compel you to contract with them on a debt that had absolutely no valid enforceable authority in law, but only if you assert your rights and dispute the claim.
A contract requires transparency and agreement of the parties involved. Did you sign with your wet ink signature making a new contract with this third party? No you did not and the way they get around that is by asking for you to send them payment, even if it is very small. This creates a legal (but now lawful) basis for contract which they can then try and use against you. Legal but now lawful? How does that make sense, lets take a look.
The legal basis is referred to as Tacit Procuration. Tacit means:
Understood or implied without being stated
and Procuration means:
The act by which one person gives power to another to act in his place, as he could do himself. A letter of attorney.
Procurations are either express or implied; an express procuration is one made by the express consent of the parties; the implied or tacit takes place when an individual sees another managing his affairs, and does not interfere to prevent it.Consent for Procurations can be ‘implied’ by failure to respond or ‘stand up and state otherwise.’ Given these meanings what we can understand is FAILURE to respond is CONSENT. We must REBUT the PRESUMPTIONS that this new third party has any claim to the debt. Contesting the debt with a written statement is, in law, absolutely effective as a means of rebutting the presumptions and REMOVES the IMPLICATION that this undisclosed third party may have PROCURED the claim on the debt by TACITUS means.
It is unlawful because in order for a contract to be binding and enforceable there must be a “meeting of the minds” or full disclosure and transparency. A-party to a contract that sells off their interest to a new party without the express consent of ALL parties involved (which means your explicit consent) is unenforceable in law, unless you unwittingly allow them Tacit Procuration by NOT rebutting their presumptions and responding to their offer to contract.
Is it not amazing how these simple methods, of rebutting presumptions and making offers, apply to small debts and individuals as they do with governments and corporations. These are the very principles the former OPPT used to foreclose on the slavery systems world wide.
Once they have Tacit Procuration they will attempt to enforce their claim against you. Usually this is done with a summary affidavit, which again if not rebutted is cured and turned into a judgement. You sending them payment is “agreement to the new terms and conditions” with this new third party; again by tacit procuration.
This is why knowing yourself and the world is so important. If you unwittingly agree to pay the debt, after it was retracted, it breathes life back into a discharged debt. Now you can be contractually held to a new agreement to pay a debt that does not actually exist anymore!
Before we get into the examples I have, lets go over the tech/tools used to contest debts:
Courtesy Notice - Here is a sample courtesy notice with terms and conditions, the standard tool I have been using. Not only does it contest the debt it also notifies the individual of the foreclosure of the corporations world wide. Especially those operating under the guise of the interest of the one people; “Governments.”
Certified Mail - Always send it certified, to track it. The reason for this is because in commerce assertions made by either party are “cured” over time. When you send your terms and conditions (a courtesy notice or another form of terms and conditions) you are making an offer to contract, an event which can be tracked via a third party. In this case the Post Office holds PROOF we made an OFFER to contract. The courts use this same method when they send traffic tickets and court orders directing you to appear or what not.
For the rest of the article please visit the Stillness in the Storm blog post below:http://sitsshow.blogspot.com/2013/07/julians-debt-contesting-experience-oppt.html
www.briankellysblog.blogspot.com / link to original article
Thanks to: http://lucas2012infos.wordpress.com