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August 4, 2002 - Roger Elvick Conversation
Transcript
** Oh hi! I needed to ask you a couple of short questions and I hope I’m not catching you too late.
This lady I told you about before that paid her house off with a private account that they are trying to come at her now with a quiet title action. She is thinking this is a brand new offer on behalf of Wells Fargo Bank. If she is accepting this law suite and does a summary judgment…
R: Well it’s just an acceptance and a return but go ahead… same thing….
** So she should just accept what was served on her and just return it or should she put the other paperwork with it for a summary judgment?
R: You see they’re making her an offer and she accepts and the thing is she says, “I did not find your check. So I am returning to you the contract in and of itself since that is the only thing that has any value.
** Okay! I see! So she’s returning the contract. Now it was a process server that served her and now it’s got to go through the court so she would return it to the court or to the attorneys?
R: Well yeah… which would be the process server did not provide her with a check. She did not find the check. See the court…. What kind of court is it?…
** It’s a Superior Court, but it use to be when I was doing legal stuff there always had to be a proof of service in there… there was no proof of service in there…
R: No! No! It’s all b.s. but the thing is, even if they can reduce it to judgment, you see, the same thing with the judgment. The judgment is going to go against her strawman of the party that’s moving. But what you do is you take the judgment and move the judgment against the moving party.
** So then that’s what she would file on her UCC??
R: Yeah you see the person who is pressing the claim is the one who is claiming to be the holder in due course.
** Right, that would be Wells Fargo.
R: Okay so the holder in due course that’s who the judgment goes against. It goes against her strawman but Wells Fargo being the holder in due course is the one who is obligated to pay the claim.
They are the operators of her account. See that’s how you have to go after them.
** Now she can actually go ahead and send the letter asking them for the Affidavit of Surety.
R: Yeah! She did not find the check enclosed nor did she find Affidavit of Claim nor an Affidavit of Surety. Those are missing.
** Oh perfect. Now if you can handle another question that is probably the same kind of solution. This one is with a driver license. Some of the patriots think they are getting out of the government contract and they are not liable now to them for the adhesion contracts… they think! They surrender their driver license, registration, don’t get insurance…And then they get pulled over and reality sets in.
The power force is on them when they get pulled over. This guy did that and had out of state plates, International license and when he got pulled over and tried to show the police officer the officer didn’t want to hear anything, he just towed the van and took the guy to jail. Now he didn’t know about asking for the appearance bond or any of that he just stood there I guess and let the judge tell him he is entering a “not guilty” plea for him and gave him dates to appear and let him out. My question is, he’s got about 3 tickets for driving without a license and failing to appear and when he goes to get a license I’m sure they are going to make him pay those back tickets and then when he goes to court they’ll just fine him for driving without a license…..
R: Yeah! Has he got a closed account?
** I’m not sure but I think he does. He’s a bit all over the place so how much of this information he’s actually done of what we’ve learned I can’t be sure. But I don’t think the DMV takes personal checks. They want cash or credit card or money order.
R: I think that we ought to have a show down with the DMV if they won’t take private checks. That’s almost where somebody ought to challenge the DMV. Get the name of every name in that department you can get your hands on and sue them in the local courts…. Even if you have to sue them in the federal courts.
** Sue them using the statutes?
R: Yeah!
** What would be the complaint action?
R: It would be civil rights. Discrimination!
** Oh! Title 42 then.
R: Yeah!
** For violating public policy then I guess huh?
R: Yeah! Because they can’t discriminate in public. See here’s the thing… in private this is what we want is discrimination cause they have to admit your name when they discriminate. See that’s discrimination when they identify our personal accounts. But you see, in the public they can’t do the discrimination.
** Okay but in private… okay I understand we are not our names… but any name they are calling us is a strawname…
R: Yeah and see that there is a public action.
** Discriminating on the name publicly…?
R: Humhum…See when they’re not discriminating, in other words when they are not admitting your claim, see that’s when they are in public. They are operating under the statutes. When they do not operate under the statutes and they are operating in public policy then you see they are obligated to discriminate. They must now discriminate who is the claim on. So that’s whey you go after them because there is no affidavit of claim and no affidavit of surety. See that falls under the public policy, and under the public policy they are operating under a Superintendent of a federal project. So that’s how come whenever you confront them you ask, “Well who’s the supervisor?”
** Okay! I see how that ties that in…
R: Now that means they have to have a delegation of authority… OSHA, DOT, EPA
** Wow! Okay!
R: So I think I would commence an action on them in an open court and accuse them of all these things…
** Now what do you think when they tell you they are self-insuring?
R: Well then if they do you tell them you want the disclosure of the deduction that they are taking.
See what they’re reporting on their income tax.
** Oh! Okay!
R: See it takes the deduction and then to identify the limited liability policy that’s covering for the rest of it. They’re only … well you have to identify them to identify the deductible. What they’re doing here… it’s the state that underwrites the risk insurance.
** That’s what the self-insuring is?
R: Sure! That’s the Dairy Land…. That’s the risk insurance. The state underwrites it but it’s deductible.
** Now when you say Dairy Land… How is that spelled… like cows and milk diary?
R: Yeah! Dairy Land Insurance. That was the risk insurance that the state always paints that pool. In other words all the insurance companies had to subscribe to the pool and take their share of the risk but the state would be the one that would administer it.
** So that would be for California as well…
R: Sure!
** I wasn’t sure and I know you used that term before but I didn’t know if it was an acronym. I did put dairy land but didn’t understand what it means.
R: Well it may not apply in this because the dairy land would be the public auto insurance. But see this is personal liability of these individuals which the name dairy land probably wouldn’t apply to this here but I’m throwing it out as information.
** Okay!
R: I think the DMV though needs to be bombarded with all kinds of lawsuits just so they really have to get busy. They won’t like being served and when they’ve got process servers come in and bango they have to answer them. I think most of the time when you file you file on them personally, they’re going to have to hire a private attorney to take care of it.
** Oh okay! I think there are plenty of people who would like to do this with a direction. There are many patriots who don’t want to get a license, don’t want forced insurance, etc, so I’ll put this out there and we’ll see where it goes.
R: Most of those lawsuits could be boilerplates and it wouldn’t take much change to lay in to them… and they need to lay into that damn DMV!
** I agree! Boy do I agree!
R: Not only that they can start to remind them in these law suits that these people who are responsible and had these action files are also going to be held responsible to the CEOs and CFOs of these corporations who have to sign and confirm that their financial reports to the markets are true and the reason they are forcing them to do that is if the evidence shows contrary, now they have admitted treason.
** That’s the reports that have to be signed and filed by the 15th of August. Good! Okay that’s another good thing to add in the lawsuit.
R: Yeah! They’ll hang on their own scaffold. The scaffold of their own construction.
** Oh remember when you told us about the envelope within the envelope… well the bc remembered it and that’s what I did with my taxes. It is so clever the way they have to report themselves by sending the report to the one who has to either adjust or send the report in to report themselves to their superior. Haven’t got the info back yet but it’s going to be interesting or to see if they just let it set on a desk somewhere.
Chit chat about people in prison and ideas about helping them out.
** Oh also I heard from P*J*’s sister regarding his house it is going for auction because of back taxes and he did file address correction and did pay the tax with private account. She was asking about form 24 that they use in prison so I emailed her the notes I had. I’m not sure how much help I am…
R: Well the thing is … see some of the stuff is in the wrong jurisdiction and we’ve got to relieve the debt. But see the problem is, is this military organization of war that they’ve waged against us. When they do that they suspend the writ of habeas corpus see?
** Right!
R: Then you see they also put a block in there for any evidence that would work for us. So I think the only thing that most of what we do they have a military mandate here to block it.
** Well I’m wondering, what if we showed this as it’s a contract and as a contract they are violating the contract and go on a contract violation versus produce the body approach?
R: Yeah!
** That would eliminate the habeas but it would show the contract violation of public policy because they’re holding substance when all they can require is form.
R: Mumhum… yes!
** Especially since they are not there name, they are an…
R: Well here’s the thing! They can hold as holder in due course. See this is what most people forget. So you see they have a legitimate hold. But you see they have to hold for the benefit of this principal and when the principal has told them and they dishonor you see that’s the point where the evidence starts to stack against them. This is where they’ve probably used some flimsy ploys to keep the evidence from coming down on them because we’ve got no one we can get to enforce the public policy. They’re all in on the take!
** Yep that’s for sure! Hey have you ever seen the movie or video Brubaker? It has Robert Redford in it and it is a true story I think somewhere in the south like Tennessee maybe where the prisoners were starving while all the people in government from the governor on down were ordering things on the prison budget and buying themselves all quality household food and things for their own use.
R: Can’t say that I saw that one.
** It’s one of my all time favorites because it was so moving. It showed how this guy Brubaker went in and got the prisoners farming, feeling good about them selves, fighting the corruption all the way, finally winning the respect of the prisoners and then he got arrested. Here he proved something and yet they don’t want that information to be used again. I’m surprised more people are not aware of that movie and it doesn’t wake them up. It is old, maybe about 15 years old, some of these people probably think the problem got cured instead of worse. It actually took 10 years for them to even get this movie idea accepted. Anyway you were saying about all these representatives being on the take that it is harder for us to make any headway because they all have their palms up.
R: Well I think what we’re doing is causing the come down of like Enron and one thing and another. Because they have to take a certain amount of money and it disappears. It goes to the private side is what it does. So they have to yank there chain here and there and now these corporation CEOs that fabricate there accounts are going to jail. … and I think that just like we’re in a bear market. This is a world international game. The whole world is in a bear market. That means that the bull market has reached its outer perimeters and that is the expansion of atomic fission, so now its time for it to return and that’s the bear market and the return is nuclear fusion.
** Oh right to pull it back together.
R: Humhum… it’s on its way back to the nucleus. In other words, first it was expansion and now its contraction. But a lot of these outfits around the world are still trying to operate on expansion. All these people that built all these expensive mansions and bla bla bla. Well now they’re not going to be able to keep them up. They aren’t going to have the money to do it.
** Some guy has written a book or maybe just published it … can’t remember the name off the top of my head but it’s about exposing the money monger for the past 800 years, the Rockefellows and the JP Morgons and before them.
R: Well what he was doing was he just put his ship on the wave of expansion and rode to it’s limits.
** Isn’t that like the big fish eating all the little fish and then starving to death cause nothing is left to eat.
R: Hum hum.
** You know I’ve also had some thoughts about buying cars and while you’re working this out take it out of state and these repo guys can’t go out of state to get them. That’s what we found out with the one lady. What’s you thoughts on that or should we go for closure because it’s going to be tough to sell the car even out of state…
R: Yeah I know there are other things out there but I think I’m sticking close to my own private check and work from there. Maybe it’ll work and maybe it won’t. I’ve heard people say they can get the checks run through a clearing house but if that would be the case I would think you can just type a name and address of a clearing house on a sticker and stick it over the name of the bank name on the check.
** Something doesn’t feel right about it but I’m not sure. …
R: Well I haven’t had my mind focused into these things specifically so I’m not sure either. I’ve got to feel and do my own efforts and I’ve been delaying until after the 15th of August to see what happens when they get into the latter part of the year for taxes.
** Okay! I know I’ve got to let you go cause it’s getting late so I’ll be in touch later….
R: Oh… I have some information that I’ve got here when I was going through some of my paperwork that I used to arrive as some of the conclusions, you might find some of that useful for what you’re doing.
** That would be great! You are amazing how you can work this out whenever I’ve ever needed answers… I would love that.
R: Some of it may not be very accurate now but I think you know enough now that you’ll know the difference. It was the process that I was fooling with. I just had a certain amount of tools that I was working with and they were flying me all over the country back then in ’91 so I was not in place very long…. So it was just notes on my thoughts…
** When we first start talking to you we use to think you so cleverly determined exactly what we needed and would only give us what we needed then about a year or so later we start reading some of the old transcripts or listening to the old tapes and going Wow he told us that last year but we didn’t think that meant anything!! (Chuckling)
R: Yeah! Yeah! Well hopefully we just keep reducing it down to its simplest form and get us through the façade.
** Well I think more and more people are expanding their awareness so that’s a good sign for the people to start making those they give the power to start making them accountable.
R: Well that’s what we need to be able to do. Go in and be able to purchase what we want and just write a check. These skunks don’t like to be rousted out of their nest and they’re going to put up a stink. Wouldn’t it be nice if we had 50 or 60 people coming at them to make them accountable?
** We’ll work on it!!!
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