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  Transcripts from conversation with Roger Elvick - May 27, 2002   Shared   re: Involuntary BK Dismissal

D**  Hi, I don’t know if anybody got to you to tell you about the petition that P* did.
R: No, haven’t talked to anybody.
D** Oh!  Well the bankruptcy judge dismissed it right away because there were no funds accompanying it.  He just sent in a letter saying they wanted the debtor to pay it.   He didn't send any money so he dismissed it for that reason and also said it was frivolous and so forth, the judge put in a 8 page opinion here of the thing telling that he took judicial notice of the case.   He went through A**’s case and P* is one of 15 defendants and 1 of the counts being conspiracy, and he was using the bankruptcy court as a way to harass the government.
R: (laughs… 8 pages of B* S*!
D** Yeah!  2 pages of the dismissal and 8 pages of the opinion, they said they were dismissing it with prejudice and if he tries again they'll just dismiss it again without a hearing.  Now my brother is putting one in, but he's sending a check from his private account for it and also one of the complaints was that P* had 2 debtors on there so my brother is going to do 2 separate ones, 1 for prosecutor and 1 for the judge.  Just send a check for each one of them, so it will cover that part of it.  I don't know what else.
R: You didn't expect them to do anything else here?
D** We didn't expect them to complain and give such a hard time.
R: But you see you guys still aren't picking up the reason to do that.  Because that dismissal
is a dishonor, okay?  It’s what we need to do, and use these dishonors, because a dishonor is a displacement.  It’s like a displaced person, and that means that the dishonor is the admission that there's no issue of fact and the guy who did it now is subject to the charges.  The debtor charging the account, and so you see just get through those.   The thing that makes it so hard for me is that you guys are looking for apparently something different.  Your looking for a result of some kind and I'm not sure what that is.  In other words it sounds to me like you look for something other than a dismissal, or whatever other kind of dishonor they give you, so it takes me forever to figure out where your thinking is at.  Then try to mount and use that dishonor for an effective remedy, you see. That’s what makes it so hard for me, because you fellas here I don't know what you were expecting.  I can tell it here when you call me and everybody is all mortified because it got dismissed.
D** No I didn't feel that way about it.  I just wanted to know what the next step was and to run this
by you about doing it a little different, if it will make any difference as far as us responding back,
easier for us to take the next step.
R: Well yeah, but what I’m getting at is why do you want a different response from them?
D** Well I don’t know.
R: That’s what I’m getting at.
D**  Well you know what’s going on.
R: I know!  I know, but you’re going to great lengths to do something different and the thing is, is to put this stuff in and make them dishonor you.   Than we take the dishonor and we'll have to move on with that to liable these guys or to get them into evidence for what they've done.  See that’s what I’m getting at because they're going to dishonor this thing.  This is just a way for us to get the dishonor and get the judges name on it, he's signing it, and at that point it’s an order technically.  It’s a money order, because he signed it, he signed an order of dismissal.  That is a money order and now what we have to do is tie that money order together with a warrant, and a warrant is actually a check, and we have to find some way of binding these bankers and brokers to it.  Because whether you give them a check, and see that check that you’re writing is a warrant, all checks are warrants, so that’s what I’m saying, I just wanted to get over this, so that you start to focus your efforts somewhere else.  You can expect to get a dishonor from them.  That’s just a way to get the judge to sign an order.
D**  Yeah J**** told me she thought it would be dismissed before she sent it in of course, about
a week ago, but I told her I was going to put in a check.  So should I put both names on it like P* did?
R: Well no!  I think you ought to write 2 of them.  Let their names go up in lights.  As long as
You’re at it, and I don't have any problem with you doing it but I'm trying to focus your attention on what the judge is going to sign.  He's going to sign an order.   But that’s not closing, because what we were looking at earlier that when the judge would sign 2 things, this happened in J*’s case, in Columbus, the judge signed an order denying whatever the remedy was, but that’s equivalent to the dismissal.  It’s the same thing except we went and looked into the file later and we found there was a closure order, there was an order for closing, so that means closing the account, so that means that account here is private, and that account can be accessed electronically.  They can charge the account electronically and that’s what you’re doing with your check.  And you know the other thing you might try is that dismissal, just filing it again and hooking the check with it and send it in.

D** Yeah, I said I could do that.  I've got extra for him too.
R: Yeah I'm still waiting for some stuff I should have had a week ago and it’s not here yet.  That I can look into and maybe get a deeper look into some of this.  These goings on here and I don’t have them yet.
D** Okay, well we’ll just keep hammering away with what we got.  One of the gals that’s in jail called me this morning and wanted to know what you thought about her putting in a UCC 11 to find out if someone has a claim against her?
R: Yep!  That could be.  Yep!  That’s okay.  Go ahead, they come up with these ideas they
can just jump on them.
D** Okay, well she wanted me to run it by you.  I can't think of anything else here.
R: You see these guys have gone into a completely different mode here then they were say a year ago, and they're taking a position here that’s fairly simple, because this is pretty wide spread some of the methods they're using.  Maybe I'll catch up with some of these people in California and see what they’re doing to remedy some of these.
D** Some sort of habeas probably.
R: Well no, it’s so that we can figure out what they’re doing financially.  Here we’re getting at them more through the tax levies, see that’s what’s really dangerous to them, because you see these people are foreigners and once we stick them with it, see all foreigners have taken foreign aid from this country, so once we stick them with that they get into a division here of default and dishonor, than the time starts to run on them to where the aids, foreign aids, that’s where the aids comes from, that’s the electronic version you see.  So that’s where these guys are and that’s what we're looking for, the way to hook them up, so that they get their just dues, that’s what we keep looking for, see like that judge here, we can hook him up into the aid, into the foreign aid.  He's a foreigner and that’s why we're into a little more of the study.  This business of the attorneys, attorneys waive their citizenship when they take the bar, but I'm not sure if that’s the U. S. Citizenship, I think it’s their state citizenship.  And so that’s why when we bring the State Tax collections on them, on the levies, that’s what is fatal to them.  So that’s what we want to focus on.  So anyway I just thought I would run that by you, maybe you and J** examine from that angle it might just turn some lights on.  All of a sudden turn some lights on for her too.
D**  Well thanks again.

May 31, 2002  Conversation

** Oh I’m so glad I caught you.
R: So am I.  I was just walking out the door.  What’s up?
** Guess what we got… we got a replevin bond when an appearance bond was requested.   This gal that went in for a summons, and I think it was for paying her car with a private check or draft and they are suing her.   This is the one that went in to court and asked the judge for an appearance bond from the judge at court so she could plead to the charges and the judge asked the prosecutor if he knew what she was talking about and the prosecutor said no so the judge called a side bar.  Anyway they had rescheduled the court to another time and today she receives this replevin in the mail.  It is drawn on some insurance company, notarized and everything, from Maryland in the amount of $25,000.  It says on the paper that she received:  UNDERTAKING FOR REPLEVIN.   It gives the bond number, then it gives a premium amount of $250.00.   Then it shows it was filed with the Superior Court.  Says the Surety is Fidelity and Deposit Company of Maryland and their address.   Then it reads:  Whereas, the above named Plaintiff, who by the way is Mitsubishi Motors Credit of America, Inc., a corporation then it has versus her name and they have her name upper lower case but they have it with and without her middle initial.   Anyway it says Whereas, the above named Plaintiff desires to give an undertaking for Replevin as provided for by Section 515.010 C.C.P.  I guess that means Calif. Civil Procedure.  Now, therefore, the undersigned Surety, does hereby obligate itself, jointly and severally, to Defendant(s) under said Rule, in the sum of Twenty Five Thousand ($25,000) and hereby consents to the exercise of personal jurisdiction by this court and irrevocably appoints the clerk of the court as its agent upon who any papers affecting liability on the Bond may be served.
  In Testimony Whereof, the said Surety has caused its corporate name and seal to be hereunto affixed by its duly authorized officer at Newport Beach, Ca, on this 10th day of May 2002.  Then it is signed by this guy saying Attorney-in-Fact.   Now there is no place on there that she would sign, however this Attorney-in-Fact’s signature is notarized.  Then another paper came with it saying EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND.  That has all the stuff regarding the Replevin Bond.  There is nothing here, that I see that favors her.  I could fax these to you.
R: Okay so the replevin is for the replevin of what?
** I’m not sure I think it is possibly for her paying off her car.
R: Is the car clear and who has it?
** It looks like they are covering the Mitsubishi Credit Union….
R: Right.  It’s just a civil matter.  They just want to stay away from the charges.  You see cause I got a deal here from some of my Canadian friends up there …. Let me see if I can find it here.  It was a Land Title Act.  It’s a form and it says… Form 15 - Notice of Change of Address.  To Registrar and then it’s got a blank then it says, Land Title Office, British Columbia.  I, _________, am the registered owner of, then it’s got a place where you check fee simple or a charge, strike out one of those which ever doesn’t apply.   So here, I am the Registered Owner of a Charge on the following lands.  My address has changed to:  ____  put your address.  This is the form they have.
** That sounds almost like some of the forms that we have here in Calif. if we want to file a lien on someone’s property like a dentist who didn’t get paid he could file a form like this and then if that person wants to sell he’ll have to pay the dentist.
R: Well the interesting thing in there is they are talking about the owner of the fee simple or the charge.
** Oh!  One or the other….
R: Yeah!  So you see that’s what the issue is.  In other words when you tell someone to charge your account and charge the same to your order and exchange….. say like you go to the Secretary of State for instance and for the filing fee, you don’t tell them to charge the fee you tell them to charge the debtor.  Not for the fee but for the filing.
** Okay!  Charge for the filing.  The way things are said are so tricky.
R: Yeah!  Because the fee is something that is handled through and by attorney.   Because there are no payees in this business and that’s what that fee means.  It’s got the double “e” on the end like payee….or  fee.
** By the way, your friends in Canada did share the tapes of the seminar that you did for them up there and I’m going to be transcribing them….What a wonderful refresher that will be.  There are 6 90 minute tapes.
R: Oh… okay!
** Well more and more people are starting to inquire about what you’ve been teaching.   Course every time someone goes to jail they jump back on the fence, then they hear of a success and they’re back.  We may as well put you in there as the new president and get this country squared away!!!
R: chuckles…… nooooo!  That would tie my hands!
** right…. That’s true!
R: Anyway the other thing is that I think  a lot of the methods that they are using against us and especially the people they are incarcerating… I think that if we go through the Canon Law, that will start to reveal the process they are involved in.   That is the actual operation of the church.  From the church on down.    It was interesting… I don’t remember who I was talking to if it was you or somebody out in Calif. saying that they’re not employees of the county of the city but they are employees of the Superior Court.   It was some statutes passed, not long ago that it made all county, city employee, employees of the Superior Court.
** Oh!  That must have been someone else cause I’m not aware of it.   Something may have come through on the internet to that effect but I get so bogged down that I don’t have time to read that much.
R: So that would mean that there are no employees working in the county.  I’m sure they are doing that to avoid being caught.  Then the state rendering the facts.  Cause the state has the jurisdiction over the subject matter.  You see that would be the equivalent of an abatement.  Because an abatement means that the state can’t tax the personal property.
** Well it seems that everything is getting more and more federal.  Like the phone bill, they are putting more and more taxes on that and I think that is international and federal.   It’s not big amounts but it is still there.
R: Okay.  Well you see what they do is they avoid the state…. See the state renders the fact and that’s what we’re doing.  We’re using fact to offset these assumptions.  To displace the assumptions.  They’re trying to stay away from allowing the facts to come in to show that they don’t have clean hands.  So that means they don’t have any equitable claim.
** Oh yeah.  I just got a bunch of good maxims on equity.  Which I think will help enhance understanding.
R: So that’s where they go…. Straight to the super funds.  Because this is all summed up in the  union of operating engineers.  Okay?  You know who they are… They are the ones that get licensed to bid on municipal contracts.  And those are members of the Union of Operating Engineers.
** Is that part of the Dept. of Transportation?
R: Well probably.
** Once before you were telling us about the influence of DOT, OSHA, EPA etc
R: Well here is how it stacks up.   See these are the people then that can bid on municipal contracts and municipal contracts have to comply with all federal standards.  So that means they have to have the OSHA, EPA, and DOT certification.  Because they are operating under a superintendent of a federal project.
** Okay
R: Superintendents of a federal project then are supervisors…  That’s where that term comes from.  See this is also what was going on when we had the war between the states.    When Lincoln was moving the federals here to preserve the union.
** Wow…
R: And now you see we also have a union of the European states under NATO.   So that’s where they are operating there too.  And I think they have just taken Russia in too.  But this is who they are and you see they are taking the equity and the financing that is based upon the derivatives they use that has to go back to the underlying assets.    That means now that we still have to come back to the geographical area because every piece of property, all of the federal prisoners that they use and things like that fall into the survey, because they have to be found somewhere in the geographical area.
** Oh… this is so interesting how you untangle this….
R: Well now the only way we get the property description of where they’re at… okay so then it must be this parcel number.  Now is when we go and we’re going to take them on the evidence right there and that is when the state is involved.  They are trying to escape it and they are trying to move all of these assumptions on and then make it extremely difficult for us to identify what they are doing.  But see they’re coming in and they are assuming the use of that bond.  See because that’s the bond that charges… it comes from mother earth.   Mother earth has got it here and there has to be witnesses as to who is the legitimate owner of that.  See the real owner is a charge.  Or who is really in charge…
** Which would have to be a principal as the real owner…?
R: Yeah but that would still be the strawman.
** Okay!
R: And the strawman being conspiring and being a spend thrift and all of that needs to be convicted and then executed.  See the execution is what does away with the debt.
** Oh I got it!!!
R: That’s why it is now going back and being executed at common law.  Execution, that’s what it is, is a common law.  And see these guys are offering these Replevin bonds and everything so they can stay away from the execution.
** So now should she go ahead and accept this or what?  She should still request an appearance bond and be charged… right?
R: Well, she’s not in a criminal preceding yet per se either.  I would say for her to just accept it and return it to them in exchange.   You see what they are doing, I’m not sure I can fully explain it yet.
** I know you have to go but would it help if I fax these two pages to you and then get back to you on Monday.
R: That would be okay.  It doesn’t make any difference what it says.  The thing is if she accepts it and returns it for value in exchange.  Because what she can do she can state, “Accepted and returned for Value.  I did not find your check enclosed.”  She can’t spend that thing yet.  So she needs to write, “I did not find your check enclosed.  Please charge my account for the said sum and charge the same to your order in settlement.”  Okay?… Is there a defendant in that action?
** Well it’s Mitsubishi, but they are the plaintiff and she is listed as the defendant.
R: Okay so she’s just going to make a statement of  “please charge my account and charge the same to your order in exchange and settlement.”  Then after that state  “that the defendant is not in dispute of the facts.”  Then when she signs she signs in a representative capacity.
** Okay so she signs and after her name she writes “representative”.
R: Yes.  You see because she is signing for the strawman.
** Okay I see.
R: What we’re doing here is we’re getting affidavits draw because so much of this is coming up and rather than quoting this every time something comes up we’re just making up an affidavit that says:  I am the authorized representative for _____(and then you’ve got like a John Doe and Doe, John and, DOE, JOHN) and I sign as representative.    Then just leave a place for a notary seal and then go to a notary and get this statement notarized.
** Oh, I’ve done that before and then made a bunch of copies and attached it to everything I signed.  I wrote on the bottom, actual signature was on file for viewing.
R: Well you need to have your signature and full address on there also.  You might want to get more than one original.
** The notary charges every time they put their stamp on your document.  Someone did check this out for the legality of keeping the original on file and sending out copies that it was accepted if any question came up as to the authenticity of the statement it would match the original file copy.
R: Oh okay.  Then underneath that you can even carry that a little farther.  You can just put name an address, like a PS.  Name and address correction, draw a line and then under the line write Authorized representative, then put your name an address in the upper and lower case.
**  Okay
R: That could be there to serve another purpose for you too.
** I went through all that with affidavits and made a statement of who I was and filed it with the County Recorder etc, but it didn’t do a thing for me to save my house.  Course then I didn’t know about all this other.
R: Yeah!  Yeah!  Well anyway, that along with …. See that Replevin is not an appearance bond it’s just a piece of paper.  You don’t have any settlement or delivery of your property and it’s the same thing, even like on that bond that I got.  You know there’s nothing come except I got the judgment papers from the clerk of court and there was a statement, Please find the judgment here enclosed.  If there is any other fees please remit them to my office.   Fees…
** Okay, fees!  That’s another key word.
R: See that’s okay.  That’s for these attorney’s for whenever I instruct the attorney to do something.  You see the fee because he’s operating in bankruptcy….
** Okay….  Oh I had something interesting happen to me today speaking of instructing.  The bank I use as my public account took funds from the account without my authorization and gave it to the Franchise Tax Board along with other fees.  Today I called the lady whose name was on the levy letter the bank sent to notify me and to tell her to please instruct their computer to stop sending me notices for me to react.  The gal there said I had to tell them… I told her she was the source of the problem and I’m instructing her to tell them.  She got this patronizing tone in her voice and said “okay”.   Time will tell on that.   She also said that my letter was with her supervisor so she couldn’t give me a status report.   My letter was requesting info on who the principal was they were collecting for and also form 56 that the bank was MY fiduciary etc.   I should have deposited that tax notice.  I know you told me several different ways how I could handle that and one was to deposit it or go buy something with it but I wasn’t secure or didn’t understand it well enough to do that
R: Oh… Is this an Open account?
** Yeah.
R: Yeah.  Well I would just attach it to a draft and deposit it.   Also remember a letter is a draft too.   Everything that is on a draft would go in the letter.
** Right… okay draft up a letter…
R: Well here’s a thing too.  The appearance bond comes in a closed circuit.  Well when you call them on that phone you’re in a closed circuit.
** We were talking about that and wondered if that would also be a closed circuit if the request was by fax or would that just be one way?
R: I’d have to think on that.  I’m not sure.
** Maybe just use the fax to set up the appointment for a conference.  Oh I also heard that J*M* was in jail again for a couple of weeks.  Was that because of him violating some restriction regarding his ankle bracelet?
R: I don’t know.  I haven’t talked to him.
** J* and I were talking cause she heard it was because he wrote some closed account checks to pay for the bankruptcy filing.  We thought that was just an excuse to press him for something else.
R: Well he did tell me something a couple of weeks ago about him taking it upon himself to serve the papers to the judge in chambers and then sat down and had a conversation with him.   I wondered about that.  The judge told him, “Oh this is different then what you had before and oh yes it’s this and that.”  He was telling me about the conversation he had before they arrested him.  He thought he was home free.  He said the judge got on the phone right away and called a Colonel and then announced that he had to go to a meeting immediately here with this army colonel with the national guard.  He made it a point to tell him he was a colonel in the National Guard.  Well that was the swat team I suppose that actually arrested him.  But when he mentioned National Guard then I wondered because National Guard isn’t the one … they’re guarding the nation.  The ones that guard our interest is the army reserve.  The reserves are the internal posse comitatus of this country.
** Oh I remember you saying something about that to us before.
R: That’s why I wondered if it was really as successful as he was hoping it was.  See when you get a check that is punched and says that it is closed.  If they tell you that the account is closed then they would have to have done an electronic funds transfer, otherwise they can’t get any information.  ** Right.  We had one guy that got his check back and they tried to undo the process that the bank had done.  They used white out and everything.  It looked so obvious I wonder if they thought they were fooling someone.
R: But you see.  It may be more.  We may be able to take that as a done deal.  They get us to comment on it and then we’re doing the dishonor instead of them.   I’m not sure how that works but say here that they send you a correspondence back and they send you a copy of the check that is punched and that we won’t even answer them.  Because that is the evidence that it was pre-paid.
** We could say, “Thank you for the receipt that this is pre-paid.”
R: Right!  That’s it right there and not to get into anything.
** Thank you for acknowledging this is a pre-paid account!… perfect
R: Yeah.  You sent me the acknowledgment that this is a prepaid account so again thank you.
** chuckles and laughter…..  Oh this is wonderful.!!!     I know that people are buying cars and getting arrested when they are using their pre-paid accounts.   They are getting arrested for car theft.  There are 2 just recently and then of course there is a trial going on back in Penn. that happened a long time ago and he is really glad to hear about this new information.  We’ll see.
R: Well see, you don’t need a check to take a car off the lot.
** You just accept the firm offer?
R: Just get the contract.  Tell them to do up the contract and when they start in here qualifying how much you going to put down or anything.  Just tell them it will be full payment but … well you can have them write it up anyway you want but just tell them that you’re going to get your own financing.  I need to take the contract because I need that to do the financing and I need it to get insurance on it.  Then what you do, you use the contract and go down to the DMV.  The DMV will take that contract when you tell them I want to register this car.  They’ll just take the information right off there and they’ll register it to you.  When it comes to the fees.  Then you just tell them to charge it to the agency.  When you have the dealer write up the contract you have all that added in to the contract so you don’t pay anything.   Then when you walk out of the DMV you’ll have a set of license plates.
** You really have to have everything in that contract to make it road ready with licensing and insurance etc.
R: Right.  Then what you have to do is you’ll have to get an insurance company to put a binder but you’ll have the car, you’ll have the license plate… and if they need insurance you can just give them a check.  There’s where the check can go is to the insurance company.   See they’d know how to handle it but now you go to the dealer and you take the plates in and tell the dealer to put on the plates an tell them you want the keys and they’ll come out with an invoice for you to sign off.  That’s the acknowledgment.   That’s the same thing as signing a check.  See if you already have insurance on another vehicle you can also just transfer that over and call the agent and tell him I’ve got another car and need a binder on it and he’ll give you a number.    I need to transport the car home and he’ll give you a number.
** Well I better let you get through the door so you’re not late.  Thanks again….