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Transcript of Conversation W/ Roger Elvick - October 22, 2001
** Hi, did you just get in? Is it okay to talk?
R: Yeah we just got in but I can still talk…
** Anyway we’ve got some interesting situations. We’ve got K* in jail and R* this morning having a preliminary trial….
R: Oohhh!!
** It’s kind of exciting because they just called me from the court to tell me that the public defender came and kneeled down in front of R*j , the son, and asked are you related?, well let me back up they have him in there as (using a middle name that isn’t correct)
R: Oh! Of course!
** The other interesting aspect of this is he has a twin brother that was in the court also. Anyway he still hasn’t given his name and R*j has been putting things in the court. R*j has been giving notices to these guys trying to hold court. Just handing them to them. Well they are having this preliminary hearing… they were suppose to have a pre-trial last week… a week ago Friday….
R: Yeah but they keep postponing it!
** Right! They’re postponing it! And they are moving it over to a different jail. Now they are having this pretrial and we’re not sure what happens at a pretrial. What is a pretrial suppose to do?
R: They’re trying to determine the evidence when the evidence isn’t in their favor they have to start postponing and try to manufacture a new course of action.
** Oh! Okay. Cause they keep asking… Now R*j prepared some other papers to keep requesting the remedy and keep saying it’s an Certificate of Origin and it’s nontransferable and they can’t get move this action without going through him otherwise they are tax fugitives etc.
R: Well just accuse them of barratry!!… in writing.
** Barratry in writing… Okay. We haven’t done that one yet. That’s about the only one we’ve missed so far. Good then we’ll plan to do that if they don’t release him.
R: When you accuse them with barratry you also include the rest of it here that the --- course barratry is self-explanatory anyway, but what it does it makes the individual who is engaged in barratry the holder of the delinquent tax.
** Oh… good!
R: The holder in fact. See and that’s what overcomes the assumptions.
** Okay cause what we were doing… well we did do the 9, the UCC 9 telling them we’re going to start taking equity… but now that they’re still holding him, they are just ignoring anything that we’re doing….
R: Oh yes and they are going to do that, but whenever they do things like postpone, and go through some of these other unfamiliar actions, they are going to take as many steps to do something that is totally unfamiliar…
** They assigned a public defender, than they assigned a different public defender. Well this new public defender came in and kept asking… “What are the charges… what are the charges?” and the judge just ignored her.
R: That’s right!
** But they do have charges down. Anyway what R*j did was he went in and got the docket saying that R* tried to do discovery. I guess when he asked for the public defender to come to the stand for examination.
R: Yeah!
** But since then he’s just stood mute when the judge said “no”. Now if they catch R*j they might want to question him to see what he’s up to. He should just stand mute also and not answer any questions?
R: Right! Right! Okay, the thing is, whatever you do, you make your requests direct to the court appointed attorneys. And when you make your requests to them, you also direct it to the court appointed attorneys and their Assignees, assignors and holders. So that takes them all in. They are passing the ball back and forth.
** That’s right..
R: Okay, well it’s just like they’re operating a football game. Sometimes they make a lateral that’s a unilateral contract. Which means it goes in reverse. In other words they hand it behind another guy here so you see they refer to actions that are behind schedule… See they are not up on the front line. There is somebody in the background that is running with it.
** Good… Well this will help a lot. So now we have K* also in there. He was moving. He was going to have the sale on the apartment for them dishonoring his draft. The cop came by and served him the notice that he had to be out within a few days or they would lock him out, than charge him big bucks to get his own stuff. Now he did give the apt management and owner notice of the sale for that Sunday. He was moving most of his stuff out but going to stay there and play it out. Well during his move the officer who picked him up about a month ago stopped him again and hauled him off to jail. Fortunately a couple of his buddies and his dad went a moved the rest of his property out of the apt. building and put it in storage. He’s pretty much done their request of vacating the apartment unit.
R: Well he can let the building owner know that the building owner has surrendered ownership of the building to him if he does this. See if he does this why that’s cause for K* to sell the building for the equity.
** Right! Well he’s already done that. When they dishonored and he accepted that dishonor doesn’t that mean that the building owner has already surrendered ownership and now let them know they can come and buy it back?
R: Yes now he can let the owner know… well, he hasn’t let the owner of the building know that yet…
** Yeah he has
R: Oh he has! Okay good!
** Yea, he gave him notice and said that by them threatening him and that they dishonored… well he was working with the apartment manager then he ended up also sending it to the owner of the building but through the management service address. The gal that he knows said it would get to the owner. So now when K* gets out of jail… but now the reason he’s in jail he’s not even sure….
R: Of course, of course! Because see they’ve got it all secret. I know why. You see they have it all separate and they’ve got this football team in the background passing the ball between themselves you see and trying to run it across the line of scrimmage.
** Okay so that’s why we need to address everything to assignors/assignees/holders..
R: Right and he directs them to provide and return specific properties to him. And he can also describe for that all to be returned. Otherwise whoever is the owner of the building to surrender the building and also the names of the individuals in there to surrender all the properties that are held in their name and the names of their heirs.
** Awww… okay
R: He’ll let them know that because of the action is of unjust stewards moving against their principal. Which constitutes the evidence or which provides the evidence to show who are the unjust stewards and the unjust stewards not having any property of their own. He cannot prove a principal and he cannot prove a purchase as ownership of any commercial item under their name simply because they do not have an exemption. They are holder in due course. But you see they are now holding and are delinquent with the tax because the principal has taxed all of the interest back to the principal.
** The principal has taxed all the principal back to the principal?..?
R: All the interest… They have no exemptions and so you see now it’s a matter of them being identified to the Secretary of State for the liability. So what he could probably do is take an envelope draft and make it out to the Court appointed attorney with all of these requests and all of the information and sum it up and put it in that envelop and make it payable or pay at par whoever is the person who is bringing the action on him.
** Which would be the officer…
R: No
** No it wouldn’t be…
R: Who is the accuser?… who is the complainant?
** That’s what he doesn’t know. When the officer pulled him over because his orange van apparently was recognized by the officer since he was the same officer that took him in last time. See he was suppose to prove that he paid a ticket that he was in there for the last time. That was one of the first things that we used a draft on since you told us about them.
R: Yeah but you see he pulled him over with what, a plain clothes or a squad car?
** A squad car
R: Okay well then you see it’s the Police Dept.
** Okay then it’s the Police Dept not the police officer that is the complainant!
R: Well than pay at par whatever Police Dept it is. Pay to the Order of …
** Would be the Chief of Police?
R: I suppose if he got a ticket
** See he had a ticket and than the judge ordered him to prove that he had paid the ticket and that’s when he was in jail last time and told the judge the ticket was paid in fact and sort of argued with the judge. I think he should have asked the judge “Do you have the paperwork there and what does it say?” To let the judge witness for him. K* said “It doesn’t matter, I can prove I paid it as a matter of fact.”
R: Okay than he made a statement and that’s when they slam dunked him. Okay so it was a ticket. So it’s payable to what… the municipal court?
** Yes
R: Well that’s the - Pay to the Order of THE MUNICIPAL COURT or no I would put it Pay to the Order of that particular officer. You’re going to run it through the Secretary of State.
** Right because those cops, those city cops, they won’t ever give you their full name. None of the police will give you their first and last name. Usually they only give you the first initial and their last name.
R: Okay put the first initial and the last name, Pay to the Order of: that person and now you put the Secretary of State as the pass through. You don’t use the title you just use the name.
** Right, okay and in capital letters like the strawman.
R: Even better than that. Lets just back up and make it Pay at Par and that officer’s name on there, Pay to the order of: California Secretary of State and then down there at the pass through you put the personal name of the Secretary of State.
** Okay. First you put Sec of State at the top, than you put Bill Jones, who is the Sec of State in California.
R: Right… and the pay at par it is going to be the officer.
** And pay at par the officer… okay. Got it!
R: I suppose you could put Pay at Par the Municipal policeman /than his name. He represents a corporate entity that’s what caused the original issue.
** Yes, by his uniform. Isn’t it the uniform that he acts on?
R: Yeah but his uniform couldn’t of if they had a public claim out there on him. Somebody has done it privately. So he’s the agent or he is the accuser. He’s the one that can identify him so his name goes on it. It goes to the Sec of State because he’s a foreign agent now. And foreign agents that are not registered, the Sec of State is than their registered agent. That’s why you do it this way.
** Okay… now I get it.
R: So now you see the Sec of State has to make good on the money.
** So all those police officers are supposed to be registered with the Sec of State?
R: Sure but none of them are. See because that’s what the Holy Ghost is. That’s the ghost ship. They’ve all jumped ship. Then the ship of state is sailing here without any crew. So when you take a swing at it, it is just a ghost ship. You just strike nothing and it just sails on and on and on. Anything you say and do doesn’t do anything.
** No it actually doesn’t. They just totally ignore or are oblivious. They pay no attention to us at all.
R: See that’s what the term, gnashing of teeth means. Cause you are trying to chew something here by execution and you just gnash you teeth because there is nothing to chew cause they have nothing.
** Oh! Interesting! Now we also had a big discussion yesterday on forming this corporation.
We’ve got a lot of stuff that we put together and there are some questions how we’re going to do this. We decided Delaware and we’ve put it together for let’s see where are we at here. We put it together for an S Corp, non-profit must have share. This is what we are not sure about: exempt from Federal is non-profit, S Corp is exempt from State taxes but you have to have shares. So how or what do you think about that?
R: That’s something I’d need to study and read over. I’ve had that on the back burner for quite a while and it’s going to take me a little while to read up on it.
** We did quite a bit of reading on it and by your understanding of the movement of the energy and all. We’ll need to make it calendar instead of fiscal. The only way to make it fiscal is you’ll need to prove you’re volume goes on in a particular month or season.
R: Oh well that’s fine. See because the calendar year, … see the people that set up their business they use that to assume they are the owners of the business. They do that by assumption, but you see the thing that overcomes the assumption is the fact. And that’s what causes reversible error. Oh to reverse the entries. See that’s what the judge is talking about when he says, “You’re bringing on reversible error.” And that’s what K* is doing. You have to make them take the reversible error into evidence.
** Oh good! Okay. Well that helps a lot on that. Now do you have a corporation book?
R: I don’t have a corporation book but I do have some papers here that I sent for on instruction for incorporating from Delaware.
** Well we looked that up on the internet also and pulled some stuff off there. I will send you a book that we have to refresh you. We have several books in our group so we’ll have them.
R: That will be helpful cause I don’t have a book. I just have some specific papers for registering a financial institution.
** It is relatively simple as far as this goes. This book shows options etc. Oohhh, guess what?.. I have a secret event that happened from what we’ve learned from you and it occurred. (Info that I can’t share with anyone but did share with Roger)
R: Well that’s good. I hope this isn’t put out there and they keep their mouth shut cause it just causes problems for everybody else. People get involved with this info for all the wrong reasons and than they call me but their questions are loaded. You see they design their questions so that everything that I have to do almost requires that I make the decision for them to. I’m getting to the point to where I tell them you’re question is too board or something like you’re going to have to think this thing through yourself. Because the question itself implies that certain answers are required.
I’m getting to the point that some of these people that the minute they come up with that kind of a question than I just have to start putting it back on them. I know they are too much out of the public school and they’re going to have some lessons to learn. I can give them and tell them how to jump and tell them “Yeah, go ahead and jump quick… There’s your school and you’re going to learn real quick.”
** Right! I just tell people don’t do things until you have a good understanding and what you are comfortable with. Than they ask, “Well what have you done?” I tell them, “ It is irrelevant what I’ve done.”
R: Yeah, when they start asking, “Well what have you done and who’s been successful and who isn’t”. See they’re looking for the loopholes. The minute they start that kind of questions on me I just clam up on them.
** Oh and another thing, people want to help you understand the Uniform Commercial Code. They think that the paperwork is what makes this whole process work. They think the filing of the UCC 1 is the protection. They haven’t figured out the court of conscience yet.
** Oopps I got off subject. Back to the corporation! We were wondering about funding this corporation and using drafts to do that…
R: Right. And we’ll be using the stock to establish the corporate bank account. See the stock than is registered and that’s when we’ll have to use the corporation check to buy securities in the market and see that’s what locks it in. Then we can write checks on it.
** Okay now you mentioned something cause we did State of Delaware, Certificate of Incorporation, a Non Stock Corporation.
R: a non stock?
** Uhmmm because an S corporation doesn’t have stock, so we should probably…
R: They have shares…
** Oh shares… Oh - okay.
R: Yeah, shares
** Lets see what do we have here. Shareholders equals partners and you can have no more than 35 owners.
R: Yeah I know. See otherwise it would be a full stock blown corporation. But if they’re shares than the S Corp just simple means that there has to be some other means of qualification in there to bring the holder of the real stock up to speed. See? But they have a share to start with and the corporation …. And I’m hoping in that area we can start to lock out these corporations that are the unjust stewards and making it difficult for everybody to do their private business. We just hope we can get a corporation in the country big enough to put them people out of business. Just block them out and let them die on the vine.
** Now should we just have the one corporation or should we have several?
R: Well I suppose that whatever buy laws and stuff like that, that need to be put in, well just leave it open so it can be expanded. So that it can create new children.
** Okay, I’m going to send you a book on incorporating. We’ve got several books that we have amongst us. Then you can pick your position! I’ll send you our notes. I’ll just stick them in the book.
R: Okay!
** Oh, yeah and I talked to J* about the guys in Michigan. They are still holding them on certain charges but they have dropped fraud.
R: Oh, okay. See what’s happens, they’re holding the charge. The holder in due course is still holding revenue and he is delinquent. See we have to tell him, pay the bill, so I can get out of jail!
** See that’s what we did for R*. We wanted them to charge him and make his release.
R: Yeah! Charge him and enable him to accept and make settlement.
** Okay… I could have it a little mixed up.
R: Well to give you an example. I had an outfit call here. It was a collection outfit like a check collecting service or something like that. Anyway they had called me and I said, “Who’s calling please?” and she answered me and she asked me who I am and I asked what’s this regarding and what kind of business. She said “it’s personal business” and I said, “Yeah, but what kind of personal business?” She said, “It’s financial.” I just let her assume it was me and prodded her to give me those answers. She said, “Well we have a check here and we called your bank they tell me there is no money”. I said, “Well yeah, that’s right! There isn’t any money in it.” And I said, “There is nothing wrong with that. Now you’ve got your exemption for release of the product.” “Well”, she said, “but we didn’t get any money.” I said, “Lady, that’s a private account”. The bank can’t give you any information on that because the Privacy Act protection and it’s prepaid. So that’s the settlement, so now you have your exemption from public policy and than I just hung up on her. But you see that’s what it is and they don’t have anything to say after that.
Just ahead of her I had another one. I had made a donation for some national charity for $5,000. It was about the same thing. She said, “Mr. E*, and I said, “Who’s calling please?” and she gave me her name, first and last. I asked her, “What’s this about?” Then she said, “we are ____ and we got a large check from you.” Then I said, “Oh okay”. She kind of took that it was whom she was calling so I didn’t have to tell her I am me. She said, “We have a problem! We called your bank and your bank said there isn’t any money.” I said, “Yeah, that’s right. So now you’re eligible for the public policy exemption.” And than she said, “Oh, but we didn’t get any money!” I said, “Well you’re now eligible for the public policy exemption for the surplus bonds of the bank.” “Oh” she said, “Thank you Mr. E*, you will be getting a thank you and a receipt from us.”
** So she caught on pretty easy.
R: Right. You have to authorize them to draw on the surplus. It’s up to the internal trustee, who is the trustee in bankruptcy to provide the remedy after the evidence is in that there isn’t any money.
Then you’re eligible to request the delivery of the property.
** Perfect!
R: It has to come after the other 2 are in evidence. And that is what’s going on in the court actions.
** Trying to get enough info into evidence to pull it in that direction?
R: Right, so the internal trustee can release the funds or release the property it is. It’s the property that’s under the probation. There is a probationary period that they have, to release property to the principal. That’s what the probationary period is.
** Okay
R: But you see their probationary period is up when the principal, dealing with the evidence, takes delivery. Takes delivery so now you see the probationary period has ended immediately.
** Right that would bring it to the conclusion. Okay so there should be no withdrawing. There was this one guy that sent in a draft paying off a leased car. Well they sent him the papers saying the balance was zero. But now they won’t send him the pink slip cause now they are saying that the payment was no good.
R: Well see what they are doing is they are circulating that debt instrument. Now what he needs to do is make another request for the surplus bonds to of the banking organization to be applied and settle the matter so that the property can be released to him immediately. He makes that out to the person who is the holder of the article 7, warehouse receipt. That could be anybody so he directs that to the person he knows which could be the accuser and the accusers’ assignors/assignees. It goes forward and back. And he requests the remedy from that particular person.
** So that would be fulfilling their administrative responsibility?
R: Right, otherwise they’re holder in due course if they’re delinquent and that’s why we bring the Secretary of State, as their registered agent because they’re foreigners and what they’re holding doesn’t appear in evidence in court.
** When they’re holding it like that and they’re the holders in due course, they’ve actually suspended it and they are holding the contraband?
R: Right, they are holding it in another jurisdiction. Where the Municipal court can’t collar them. They’re foreigners. That’s why we use the Secretary of State as their registered agent.
** Awe super…
R: Well see that envelope (the oversized blue printed envelope) the Certified Draft envelope. On the face of it, it has the language it says -Any outstanding collection costs are to be paid from your payors account. That is the creditor. They are the ones that are obligated and the authorization is on the inside of the envelope so they can’t transfer it.
** Right, okay good. This is good. This is very helpful. They are expecting me. I didn’t think the court would happen this early. Usually it states it will be at 8:30 a.m. but than they don’t get to them until the afternoon. Once again you’ve made my day and I really appreciate you and so does everyone else. Talk to you again!!!
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