Transcript of conversation with Roger Elvick - 6-21-01

**  Hi, glad I caught you.  I have a couple of question regarding someone who has been accepting everything for value on a law suite coming at them and yesterday they went to court and they put him in jail.  They took him in on contempt of court.    What they did was kept asking him his name and he asked May I have your name, do you have a claim, etc, and he did try to call the attorney for the company suing him to get him to testify or answer the questions, but the judge wouldn't allow that.  What the judge did was after he called this guys name he also a had about 15 deputies come into a sort of stand around him as if he were a threat.  Then the judge told him he could sit down there with the sheriffs or leave so when he started to leave he told the deputies to take him into custody, so they did.  He did instruct them not to rough him up, be easy on him.  Oh and when the judge was doing his thing on trying to get him to give him his name he did make a comment that he was not making the court look very good.  Another thing the judge said was he (referring to the "unidentified") how peaceful and calm he was.  We sort of looked at that as a secret acknowledgement because a letter was sent to the judge regarding situation of this case being accepted for value and that it was accepted in peace, prince of Peace or principal.

R:  Okay.. now being in custody is not being under arrest.

** Right, because then he tried to call home… he was taken into custody about 10:30 a.m. and when he tried to call home something got messed up so he didn't get through so his wife called the courts the next morning to find out anything and they didn't have him booked at either jail.

R:  They don't have him booked…. He is in custody

**  So now are they going to take him from civil and move him into criminal?

R:  They're going to try.

**  Then once they have him in criminal is when he'll be charged right?

R:  yeah… well you see, he had an attorney…

** No, he didn't have an attorney; the attorney he was trying to call was from the company that was suing him. They were trying to change the original agreement to a franchise purchase agreement.

R:  Well how long has he been in custody?

**  Since Tuesday at about 10:30 and it is now Thursday, so we're estimating they'll do something by Friday.

R:  Okay so it's not 72 hours yet.
**  We're wondering is they take him into judges chamber like they did you do you think that's what they'll do?

R:  They might.

**  Should he talk, stand mute… what should he be doing?

R:  Well he needs to just remain quiet.  I'm just kind of wondering, did he just keep repeating the magic questions?

**  No he said other things…he asked do you have the charging instrument there in front of you…what does it say and the judge did the little tat de tay with him saying things like well who are you… are you then saying his name?   The man did say, well I'd like to call [the attorney's name for the prosecution] to the stand for examination and maybe he should of said I'd like to call a witness to the stand that can answer that, but the judge wouldn't let him do that because he said we don't know who you are…

R:  Well if the judge didn't know who he was how could he take him into custody?

**  What they did was took him into custody for contempt of court for not answer the questions…

R:  Okay well the contempt …is it civil or criminal?

**  It's civil

R:  civil contempt of Court … okay well then.

**  Well see the hearing was civil matter, oh and another thing the judge did was recognize two of the witnesses this man had in the court room and asked them if they were there with him and asked who they were.  They stood up and asked the judges name and if he had a claim etc.

R:  Okay, well they could of just stood silent and not say anything.

**  You know I'm reading this old UCC book by Ronald Anderson, in regular English, no legalese, and they say that any action in the court room is considered a motion--written or action.

R:  All to often we get into comments to address them… just give them a blank stare.

**  It's hard to really get trained into this without constantly awaiting or anticipating arrest.

R:  You need to understand the difference between being taken into custody versus arrest.    Because on a custody there is no booking.  You're being held in secret.  You're being held in the emergency room for examination by the medical examiner to see if there is any cause of action here or cause of injury or cause of death.  So you see that's what he's being held for but they have 72 hours in which they have to act on that.  See if he's being held in contempt of court, he's being held in contempt  that requires some performance of some kind and therefore they are required to pay as filing fee of some kind.  What he needs to do is draw a draft down on …well make it payable to the court and payable through the attorney's name, and use the address of the law firm.  They're the ones responsible for bringing the action.

** Okay good.  We didn't know about that.

R:  Yeah you want to drawn on the attorney's strawman now.

**  I hear some good news about you…that you got your tractor?

R:  Well we got one of them…

**  Oh that's wonderful--you got one?

R:  Yeah, I got two more coming that aren't even manufactured yet, but I'm just sending instructions to the corporate officer to write cashier's check for whatever they want to pay the bills.  It would be a done deal already except when we made the deal they didn't have the shipping charges included.  I told her just go ahead and if push comes to shove I could just take our trucks to the factory and pick them up with our own trucks.  In one of them I'm shipping to my boys and I want them to cut their checks and pay Consolidated Freightways for the shipping costs.  They're not the Caterpillar these are smaller, they have the backhoe and other equipment. They come out of a manufacturer in Wisconsin.  They price out about $35 or $40K each.

**  Well thanks for clarifying that up for *** ****, we did sort of know this but it's good to hear it from you and we didn't realize the emergency room and the fact you don't get booked..

R:  He is being held in secret here and you can't find out because there isn't any public record of him.  He is only on the private side of the account.  See he's being held by a private person.   That person is going to have to reveal himself eventually.  Now maybe… I don't know if I've talked to you about this---that one of the fellows got loose from jail…

** Oh yes I talked to him regarding asking if the court appointed attorney was in the court room?

R:  Yes

**  You know the only other battle we're having is with the IRS when they keep moving against us and not paying any attention to the drafts.

R:  Well you can't address the IRS you have to address the agents individually.

** And then on the involuntary bankruptcy… we still have some questions.  Like when you place the ad and you get a check for the equity… are you suppose to endorse that over to the person you are selling the equity on.

R:  No… When we determine that we own the equity, we're not obligated to let them know here that we've even accepted their dishonor.

**  Okay, so I'm going to sell Joe IRS agent's car and I'm selling the equity in that and give the buyer a bill of sale and give them an address of where to go pick up the car or tell them to contact DMV?

R:  Sure just give them the address of where to pick the car up and if you sell it you can also sell it for $50 plus good and valuable consideration.  See now the good and valuable consideration is nobodies business.  Now you have a friend of yours purchase this equity or equitable interest in this property and that supercedes the legal title.

**  So equity supercedes even the lien holder?

R:  Yep…see the lien holder.  See if there is a lien holders, then you request the lien holder to provide you with the item.  And if the lien holder refuses, then the equity goes to you.  See because now they can't have a exemption to hold it.   Now you see they are going to have to switch the registration to you, the real owner.

**  I've tried to find some of this in UCC but didn't know where to find it without reading the whole book.

R:  It might be in Article 6.

**  One other quick thing is I talked to this guy in Michigan and he asked me if you ever shared the story about the immaculate conception then he related it to me about the female represents the government and say like the credit card companies send you the application--that is planting the seed and what they want developed from that is information from you…

R:  Oh right… see I just wrote to Discover Card telling them you either make your product of your offer available for my use and benefit and if you can't do that, then I want you to immediately remove my name off of everything that Discover Card is using my name for.   See a lot of times people just tell them to cancel the account. They just move something over in the books and continue to use my name.  Now they're playing games.  They are entering all of my drafts on the books as a payment on the balance sheet and they just keep increasing the balance, but they won't make anything available for my use… except they have taken some stuff her that they use as a vendor or vendor businesses.  But you see as long as I can't use it at my discretion whenever I feel like it so I'm going to take my name away from then and they are not going to get it any way shape or form.

**  Oh I think I'll do that too.  I got a credit card for $300 and after all the fees I get $78 to spend and get to pay back $300 to make my credit good.

R:  I'd just tell them it's a nuisance, unless there is a minimum of $10,000 for my use at my discretion.

**  Oopp… I already used it and I wanted to hurry up and max it and pay if with a draft.

R:  Okay

More little chit chat then Good-bye