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  Roger Elvick and G:  Conversation on   11/4/02

R:     If you have had any past court orders that demanded money (such as our bankruptcy four years ago against the IRS), you can go back after them and demand a check for that amount.  Do you have the names of any individuals on this?
G:     Yes, I have a bunch of names.
R:     You can use those names and implement a USM 285 form (United States Marshal) and attach the court order to it and instruct the marshals to go and pick up the voucher for that particular order.  (This form can be found on the Internet if you go to any search engine like google or dogpile and type in USM 285 and the form will come up).  
G:      From the court?
R:     Yes!  Of course, the court isn’t going to have it because the order is an internal bank operation.  What they’ve done and what they’re doing with all of these - as soon as they go and liquidate the claim - then they issue a voucher in the bank somewhere.  A voucher could actually be their check and they’ll write a check -say, like to Freddie Mac.  Freddie Mac then takes their check, or voucher, and they issue to the bank their check that               gives the bank funds that they can lend.  The thing is, the voucher is YOUR personal property and for to prove their claim as the creditor - to prove their claim IN FACT- they have to produce the voucher.  That’s where we’re going to nail them.  You could nicely ask them for it and if they fail to produce it, then you will commence action in Chapter 11 and name them as the delinquent creditor.  Or - rather than even tell them that - you could make the request for settlement and attach it right to the marshal’s form and send the marshal after them.  Send the marshal in to get the voucher, to enable them to prove the FACT OF CLAIM.  Then, you see, being that your bankruptcy was a Chapter 7 liquidation order, the marshal would have to pick up a check or some payment authorization from the court or bank that is going to liquidate your claim because whatever claim the IRS had made on you - they’re going to have to issue a check on that.  
What the IRS has done - they’ve sent the voucher out the back door to finance whatever other little games they’re playing and the voucher is your property!  
You can call the nearest U.S. marshal’s office and ask that the form be mailed to you so that you can operate a Chapter 7 bankruptcy.  Tell them you need the forms in order to authorize the marshals to process the orders of the bankruptcy court.  You need one for each person that you serve.  It would be easy enough for them to send you 10 or 20 forms.  Just call the marshal’s office in the local court.  Tell them you need to have them serve some papers.  
If there is a refusal by the creditor to provide the marshal with the voucher you’re requesting - then the marshal is instructed to take the personal property of that particular person (liquidate the personal property for settlement).  That means they’re going to have to arrest them!  That body of theirs is as personal as they’re going to get!    
G:      They’ll have to come up with the money or their body!  The Wisconsin Department of Revenue is coming after us for about $119,000!
R:     Whenever they make those kinds of allegations - take the latest bill and attach it with the USM 285 and that’s how much they’re going to have to come up with because that’s going to have an account number on it making it commercial paper.  Under discovery in federal bankruptcy, the voucher for this claim would have to be produced.  
G:     Would each person have to pay that amount?
R:     Well, they’re joint and several.  You can get it from one or all!  They’re jointly and severally liable.  If their personal property doesn’t cover the amount then they’ll have to throw their body in the can.  You’re going to have to instruct the marshals what to do.  I’m just laying out the strategy so you will get ready to act.  These bankruptcies stay with you forever - so, anybody that’s had them 25 years ago - you can still open them up and go.  
For the IRS to prove their claim, you’re going have to ask for the voucher.  That’s what it takes for them to prove their claim IN FACT.  They’re just letting their claim stand and assuming that it’s an assessment.  Then they use the assessment to move onto a criminal charge.  It’s a felony to charge a claim without an assessment.  It’s very evident when you ask them for a voucher, that they don’t have an assessment agreed to.  So, now that’s your personal property and it’s EXEMPT FROM LEVY.  
G:     Couldn’t you ask for the voucher in court?
R:     Yes, but the judge is going to try and put on an act and put up a smokescreen to try and get everybody unfocused from that.  Just ask the judge what he’s done with it?  Ask him what sort of investment is he involved with here?  What are you using MY voucher for and what have you invested in?  When you direct these questions at the judge, he will climb the walls!  
G:    So, the court has to provide the voucher for the plaintiff, right?
R:     What do you mean by “the court” because the judge is you!
G:    Are people still writing the checks from the closed accounts?
R:     Oh, of course?  I have a lady who had used the checks with success but now some of them are coming back to her and that’s why we’re asking for the vouchers because that’s an internal bank operation.  This is where I came across this - I knew about vouchers before, but I wasn’t sure how they were actually used.  This lady had a friend who used to work at a bank and she went to her for help concerning the strategy for closed checking accounts.  The friend asked her why she was concerned about the “follow up” if there wasn’t any “money” in the account?  The lady told the friend that this was an EFT from the closed account and the friend said, “Oh, I know how that works”.                                                               
The friend said that she didn’t understand why more people aren’t doing this!  The lady said that the problems come after they do the EFT and they keep coming after us.  Oh, the friend said “then just ask them for the VOUCHER because when it gets to the clearing house, there is a voucher that the bank has to obtain to be able to finish processing that particular item for this person.”  That’s about all the information I got from that, but then I got to thinking about it and from information that I got from other people in the real estate business - they knew because when the bank gets a check and they have a closing of escrow - the voucher is issued from there and it goes to Freddie Mac of Sally Mae, or something.  The Freddie Mac or the Sally Mae agent gets it and they issue to the bank their security which is national mortgage money that they can loan out or invest.  It’s Freddie Mac or Sally Mae that’s holding the voucher.  Whenever there’s a creditor in an action in bankruptcy, that creditor must produce the voucher to prove he has a CLAIM IN FACT.
 See when they tried to subpoena me to testify in Wisconsin - I asked them “where’s your check”.  When he heard me ask that, he started to back away right away.  He already knew!  He was telling me to appear there and go to the U.S. Attorney to get your voucher for payment.  Well, that’s fine but the payment is coming out of me.  In other words, they’ve assessed me and the other people over there and now I’m eligible for charges.  (Criminal charges) But when I said “where’s the check?”  Now they’re going to have to charge them for the assessment, for the voucher.  That’s where we have to go after the voucher.
G:     Then when they come back and say there’s no money in your account, ask “where’s the voucher?”
R:     Right, they have to produce that because they do not have as a civil assessment.  That voucher is no good if they don’t pay it to you when you ask for it.  That’s the item that proves their claim in fact, otherwise it’s just an assumption and it doesn’t have the value in equity.  When you ask for it, it becomes your personal property.  Anytime a judge issues a closure order, or any kind of an order - let’s say you make a motion in court to dismiss an action and the judge denies it and moves against you - what he has actually done is move the voucher out the back door.  He’s trying to keep the controversy going so they can keep circulating that voucher and they have more money to spend.  The voucher is the assessment, the voucher is the agreement in fact.  But it has to be payment so that you can cash it in.  Even if some of these lying attorneys and even if it’s in open court, I would just say “I’d like to recess the court and go down and see if this check is any good.  I want this check cashed before I agree to anything”.  
G:     Well, I’m just looking at my mail here and Telecheck is trying to get a $25 service charge from me concerning a Bose stereo system that I bought earlier in the year.  We’ve already sent them the $25 (closed check).
R:     Ok, write back and tell them you gave them check #_____ and ask them to provide you with the voucher for the $25 or else they’re eligible for you to name them as a delinquent creditor in a Chapter11 bankruptcy.  You can also tell them that this request is a bankruptcy charge pursuant to Chapter 11, Section 1126(b).  Tell them that if they have a claim, they must produce a voucher
in order to prove they have a claim IN FACT.
G:     It would be easy to go to the county and use this on property tax.
R:     Yes!  Write to them and ask them for the voucher and remind them (put a memorandum  with it) because that’s what a memorandum is - a reminder of a prior event or a prior agreement.  A memorandum requires a voucher to accompany any claim to be recognized IN FACT, otherwise, it’s not discernible in the court.  
G:     Then if they don’t come up with it after two weeks then get the marshals on them!
R:     Right.  Just notice them that this is a Notice of Intent to take you into Chapter 11 to obtain the services of the marshal to liquidate your personal property and get settlement.
G:    Do I have to go into bankruptcy before I notice them?
R:    No, because that section that I just gave you, if you read it here it says: “if a few creditors won’t agree to an out of court solution, there’s a section of the bankruptcy code section 1126(b) that let’s a debtor work out a plan of reorganization before filing a Chapter 11.”  Then they try to get confirmation of this from a court.  Well, you already are the court, so you already have confirmation.  You are traveling as debtor in possession, by the way.  When you give them notice, you just tell that this is notice of intent to file Chapter 11, reorganization in bankruptcy for debtor in possession.  That means that anything that creditor has got - what they want to do is scare everybody into thinking that we’re now going to liquidate all the property and then the debtor jumps in and tries to prevent a liquidation order.  But a liquidation order is what you want!  You’re going to liquidate here and the debtor reserves the right to reject any and all bids because the debtor is in possession.  All we need here is the voucher.  If the judge gets cute then you ask him what he has invested that money in from that voucher?  Tell him “that’s my property”.  The judge won’t want that on the record.  Even if the judge tells you that you can’t speak in court, you speak anyway even if they threaten to remove you from the room.  
You must go into court as the authorized representative of the defendant - NOT pro per or pro se.  The judges are going to start finding out here that if we send the marshals asking for the voucher then he’s one step away from the marshals taking his body.  The thing is that we’re requesting a settlement prior to filing and if he fails here then the marshal is instructed - in other words - the marshal is going to have fees and costs stated right in the form and the marshal is to take his costs and fees from the credit account of the creditor.  In the event that the creditor fails then the marshal is to charge his costs and fees and liquidate the personal property of the delinquent creditor.  This means that they’re going to grab his body and liquidate the claim.  In other words, he goes to jail and so does his personal property goes too!  
G:    First thing is put in a request, say, to the county treasurer and if they don’t -
R:    You just tell them that under the provisions of bankruptcy provide for notice prior to filing the actual petition for the purpose of settlement.  In the event that you fail to settle, then they have authorized discovery of their personal assets in the administrative procedures of bankruptcy.  
G:    Well, in other words, when you put your request in, it’s also a notice to do a re-organization.
R:    Yes!  You can also tell them that the Chapter 11 Section 1126(b) lets the debtor work out a plan before filing the petition in Chapter 11.  In the event that you remain delinquent, then after the filing the U.S. Marshal will be deployed to obtain discovery of your personal assets and liquidate them for settlement.  
G:    Is there a time limit that they have to reply?
R:    Just say, immediately!  Just tell them you expect settlement within 7 days.  You can appoint a marshal other than a U.S. Marshal.  You can certify them with papers and you have the papers here already to file which is Chapter 11 liquidation.  So, you see, you already have the liquidation order if the judge had signed anything in the past having to do with you.  If any judge has signed an order denying any of your remedy, he now is the bond of the court and the creditor.  He now has to furnish you with the voucher and is liable.  He’s now contracted for the obligation when he issued an order to you.
G:    You could go after the county treasurer for all prior years of paying property tax.
R:    Oh yes, you should let them know.  That’s where I’m going, but I think I’m going to be able to take all my stuff in one swoop.  Mine is probably going to come in February because it’s going to take me that long to get it ready once I start on it.  It’s going to be easy from my home county because the state’s attorney jumped in and is covering all the stuff that goes back to my birth.  I’m not going to have to do anything in between and he’s going to have to cough up for everything! We all go back to our birth.  We’re going to start confronting these people because those vouchers that they’re using out there - nobody knows who they belong to until you tell them.  It’s all free money for them and that’s why nobody can get a real title to anything.  They just use the property for a while until they get their a__ kicked off and nobody cares.      Anytime you make a request in court and the judge refuses, at that point, the judge is required to issue a finding of fact and conclusion of law.  I don’t know where it says they have to do that but I got it from other people who were actually in legal proceedings.  Let people go hunt it up for themselves.  We don’t need the codes because the codes don’t apply.  It’s a matter of public policy because we just declared the law - the law of contract.  

Chit Chat and Good-byes.

End