Transcription
Welcome. Glad all of you could make it. Um, I felt an urgent need to do another administrative process webinar due to the fact that I get so many questions, uh, as it relates to the administrative process. And, um, really, to tell you the truth, none of these processes work without understanding this right here. Um, you know, how you actually correspond with officials, how, how do, how do I mail off an international bill of exchange or promissory note? How do I send a private package to a judge? How do I send something to the CFO or CEO of a corporation? You know, how do you do all of these things? And what's central to all of that is in knowing how to send your correspondence to someone. Because a lot of people, you know, so many people are concentrated on promissory notes, bills of exchange, authenticating birth certificates, and all of that. But it's not so much those processes, but how you do your process that puts teeth in your process. You'll be amazed at how you can be trying to write someone and they'll be ignoring you. But if you correspond with them in the proper way, you know, you will invoke a, you will get a response from them, and one especially when they see that you know what you're doing.
So, we're going to get to that. I want to thank everybody for coming out tonight. This webinar will be approximately two hours long. Um, as I said, once again, it is recorded, and everyone, all the participants will be provided access to, uh, this webinar. Uh, so let's begin. Without any type of administrative process, the first thing that you want to think about is the end game. That's the first thing. When you sit down and you think about what it is that you're doing, you always want to start with the end game. You put the cart before the horse. What is it that you are trying to accomplish by doing an administrative process? Are you trying to discharge a debt? Are you trying to get someone out of jail? Are you trying to get yourself out of jail? Are you trying to get a judgment reversed? What, you know, just whatever. What is it that you're trying to accomplish? Okay.
Now, the administrative process works off of what is called tacit procreation, or silence is acquiescence. All right. Silence is acquiescence in law. That is a principle of law. And law, if someone does not answer your correspondence, then they have agreed to the contents of the correspondence. Now, there's only one state that I have seen that has codified that. It's only one state that I've seen, and that state is Georgia. It's under the evidence code. Now, this is in Georgia law, or in their statutory codes, rather. And, um, all they did here in Georgia is they took a principle of law and codified it. And, you know, codified it. That's all they did. They put it in the code. But it's a principle of law that states, and I love the way that Georgia worded theirs, because it contains all the necessary elements that you need to think about whenever you are drafting an administrative process. Now, let me read this to you. This is, this is the way that you say it right here. It says, "In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time, otherwise he is presumed to admit the propriety of the acts mentioned in the letter of his correspondent and to adopt them."
Now, there are several words in here that you need to know the meaning of. You need to write down good faith. You need to write down the word duty. We need to have what is reasonable time. We know presumed propriety, mention a letter, and adopt them. Now, these are the words, you know, that you want to look at. But you want to look at this very, very closely because one thing I like about how Georgia did it is they went a little further than just silence is acquiescence or tacit procreation. They actually went in and kind of gave you an in-depth explanation of the principles of why, um, you, it is incumbent upon someone to answer correspondence. Now, these terms in here are legal terms. One of the terms is good faith. All right. Let's look up good faith. Good faith is a very important word for you to know because it is a legal term, and you will see it talked about a lot. So I'm going to take time to talk about good faith. Honesty, a sincere intention to deal fairly with others. Now, this is important because we're talking about equity right now. We're going to be talking about equity courts right now. And to get equity, you have to do equity. You have to be honest. You have to be, as I said, in my four rules, you have to stay in honor at all costs. So it's a sincere intention to deal fairly with others. You know, are they exhibiting a, a sincere intention? Sincere intentions.
Now, it goes on. It says, "Good faith is an abstract and comprehensive term that encompasses a sincere belief or motive without any malice or the desire to defraud others. It derives from the translation of the Latin term bona fide, and courts use the two terms interchangeably." So bona fide and good faith are the same word. They're used interchangeably. All right. It goes on. It says, "The term good faith is used in many areas of the law, but has special significance in commercial law." Do you all see that? A good faith purchaser for value is protected by the Uniform Commercial Code, which every state has adopted, under sections 1-201(9) and 2-4-3 of the code. A merchant may keep possession of goods that were bought from a seller who did not have title to the goods if the merchant can show he or she was a good faith purchaser for value. To meet this test, the person must be a merchant, must have demonstrated honesty in the conduct of the transaction concerned, and must have observed reasonable commercial standards of fair dealing in the trade. All right. A buyer would likely meet these requirements, but the purchaser proceeded in the ordinary course of business. If, on the other hand, the purchase takes place under unusual or suspicious circumstances, a court might conclude that the buyer lacked good faith. All right.
Now, where a non-merchant purchases property that the seller lacks legal title to convey, the issue of good faith is known both as the innocent purchaser doctrine and the bona fide purchaser doctrine. If the purchaser acquires the property by honest contract or agreement and without knowledge of any defect in the title of the seller or means of knowledge sufficient to charge the buyer with such knowledge, the purchaser is deemed innocent. And both commercial and non-commercial law, persons who in good faith pay a fraudulent seller valuable consideration for property are protected from another person who claims legal title to the property. If a court establishes the purchaser's good faith defense, the person who claimed title has recourse only against the fraudulent seller. Strong public. Do you see that right there? Only against the fraudulent seller. So, like these mortgage companies will be coming in, they'd be third-party debt collectors and things like that. We're going to get into that a little bit. Now, I'm just going, I just touched on that a little bit, but I want it's always very important for you to understand good faith and clean hands. All right. Let's go over clean hands real quick. These are the two work, these are two words that you must know if you're going to do an administrative process. Let's look at the clean hands doctrine. All right.
Clean hands, sometimes called the clean hands doctrine, or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint. Now, this is why you have to have good faith. You got to do everything sincerely, and you have to demonstrate clean hands. These two words are primarily the reason why you could do an administrative process. That is what you're trying to accomplish. You're trying to demonstrate good faith, and you're trying to have clean hands. All right. Clean hands. Now, you're going to start with the end in mind whenever you do an administrative process. So let's look at something. Let's say that you are attempting to discharge a mortgage. You're attempting to discharge a mortgage. So the first thing that we're going to do is you're always going to set up a certificate of non-response. All right. Because that's what's going to happen. Because they cannot answer you, because they cannot have a claim, because they never can profess to a claim, because they are bankrupt, and they know they're bankrupt. They may try to act as if, you know, well, they, we can do this, and we can do that, and, you know, put on a front of what they can and cannot do. But the point remains is that they will never respond to your correspondence. And there's a reason for that. It is because they cannot. All right. Just that simple. They lack the commercial energy to press a claim. And I don't know why y'all come up with these, uh, y'all try to come up with these little sophisticated questions, you know, with this work with a land contract, with the owner has a trust, the funds are being paid to. I, I mean, it, a trust is an entity, just as a person, just like anyone else. It's a person, just like anything else. What does it matter what it is? If it's based off of a contract, there isn't a contract that they're going to write in the public that's going to demand that you pay in any particular coin or currency. Now, if you have a private contract with someone that's saying that you need to pay in gold, then you have to honor the tenor of that particular contract. But I have never seen anybody in the public writing any contract anywhere that you have to be paid in a specific coin or specific species of currency. So what does it matter if it's a trust or not? It doesn't matter if it's a trust, in a state corporation, company, partnership, association, individual, or any type of entity, legislative, or any type of num to gore or anything like that. You know, they're all going to be the same thing.
Now, let's continue. We have a certificate of non-response. We're going to start there first. Okay. Now, this is evidence of dishonor. This is the reason that we are doing a certificate of dis, uh, of non-response, because we're doing something for evidence purposes. You are collecting evidence. This is not going to get your mortgage free and clear. If somebody is out there teaching you that, all right, you need to get away from them as quickly as possible. Okay. An administrative process does not give you, make, make anything go away. It does not magically transform you into anything like that. It is an evidence-gathering tool. It is evidence of dishonor. It is a judgment and estoppel of the law. Okay. That's it. Okay. Don't start thinking, "Oh, I'm going to do an administrative process and I'm going to get the car free and clear, and I'm going to go file a lien against someone." You know, this is all the kind of stuff that I hear that's being, you know, talked about out there. No one is out there really teaching people how to do an administrative process. So we're talking about evidence of dishonor. It's evidence. All right.
So right here, these codes right here are coming out of the UCC. UCC 1-202 and UCC 3-505. Let's look at both of those UCC codes. All right. Notice and knowledge. Then this is your notice requirements. All right. Notice and knowledge. Subject to subsection F, which is notice and knowledge right here. A person. What is a person? Let's look and see what a person is real quick. A person means an individual, a corporation, a business trust, an estate, a trust, a partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. That is the definition of person in the UCC. And the world is going to throw most of y'all off is this word right here, individual. An individual, when you look it up, it is an entity. When you look up entity, that is an organization. This is not talking about people. Persons are not people. They do everything in their power to give you words like natural person and all this kind of stuff right here because they want to give you the impression in some kind of way and trick you in any kind of way they can to make you think you're a person. You are not a persona. So right here, that's the definition of person. Okay.
So let's go back. A person has notice of a fact if the person: one, has actual knowledge of it; two, has received a notice or notification of it; or three, from all the facts and circumstances known to the person at the time in question, has reason to know that it exists. Knowledge means actual knowledge. Knows, has a corresponding meaning. All right. So knowledge and knowledge are synonymous. Discover, learn, or words of similar import refer to knowledge rather than to reason to know. Okay. A person notifies or gives a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in the ordinary course, whether or not the other person actually comes to know it. Okay. So whether they actually come to know it is not your problem. If you do take all the reasonable steps required to inform someone of something, then you know it applies, whether, whether or not they come to actually know it or not. It's not your problem. If they got an address that they want you to write them at, and you write them at that address, you send a certified mail with an affidavit of mailing, and somehow they say, "Well, they, we don't know anything about that." That's not your problem. You took reasonably, uh, required steps to inform them.
Let's look at the next one. Subject to subsection F, a person receives a notice or notification when it comes to that person's attention. All right. Two, it is duly delivered in a form reasonably under the circumstances at the place of business through which the contract was made, or at another location held out by that person as the place for receipt of such communications. Now, that is a very important part because when we get into UCC 3-505, "Accord and Satisfaction by Use of Instrument," it has almost the same identical terminology in there. This is why we always get a payoff report. Some people say, "We all want to get a payoff." I always get a payoff because I read the UCC, and it tells you in here that if they have required you to send correspondence in a particular place, then that correspondence needs to be there. That's how you cover your bases. You can send it to the CEO, but I always, always make it a point to send the correspondence. If they say in the correspondence it has to be sent to this address, I send it to that address. And I send it to the, uh, CFO or CEO or whomever. But that person right there needs to have notice. All right. You need, they have to have notice.
Now let's look at F. Notice, knowledge, or a notice or notification received by an organization. Let's look at organization real quick. Means a person other than an individual. Now that's, that's a real, that's an interesting thing they have in the UCC. A person. But let me show y'all something about that. All right. Look at this right here. Existing as an indivisible entity of or relating to a single person or thing as opposed to a group. A single person or thing. I want to looked up all these words, but the first sense of the word is what I wanted to really pay attention to because it called it an indivisible entity. An entity that cannot be, in, cannot be divided up. So I went and looked up this word entity. I said, "Okay, what is an entity?" Then, you know, so I looked up the word entity right here. Entity. Look at this. An organization such as a business or governmental union that has a legal identity apart from its members. All right. So this is what an entity is. Okay. An entity. So that's why when you read right here in the UCC, this is why they, they do this because they're trying to, you know, like organization means a person other than an individual. So they had to exclude this word individual because this word individual falls under the definition of organization. I wanted to bring that to y'all's attention.
Now it says, "Notice, knowledge, or notice or notification received by an organization, an entity." All right. "Is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and in any event from the time it would have been brought to the individual's attention if the organization had exercised due diligence." I find it very interesting. And right here on these sentences, they're using individual and organization as an individual referred to as an organization right here in a sentence. "An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction will be materially affected by the information." All right. I want you to see duties right here. This word duty is a very important word because when we go back to right here, "In the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time." All right. What is a duty? They don't have to answer unless they are required to answer, unless good faith requires them to answer. Now, anybody that allegedly, um, says that you have a contract with them is required to answer. They have a duty to respond. You cannot just walk down the street and start shooting administrative processes at people, and they don't know who you are. I once heard somebody say that on a radio show, "As the administrative process, I don't believe in that. What, you're just going to walk down the street and start doing administrative processes by occupants?" And this is ignorance, but this is obviously somebody who does not study law or take the time to even read these things and look up words and find out that you, it requires a duty. Someone has to have a duty to respond to you. So now that we got that out of the way, let's go back to our, we're putting the cart before the horse. So the first thing that you're going to draft up is a certificate of non-response because we are already anticipating that the people that we correspond with, they are not going to answer. And we looked up UCC 1-202, which is notice requirements, or evidence that someone has received notice.
Now let's look at the next one, UCC 3-505. Okay. Let's look up that evidence of dishonor. Now, isn't that what we were saying in our correspondence right here? It said it is presented as evidence of dishonor. This is why we have the evidence code. You have an evidence code in your state. All right. Evidence of dishonor pursuant to legal authority. I, why is it pursuant to legal authority? That's because we're going to use their, uh, their codes and everything because we're using the Uniform Commercial Code. All right. The Uniform Commercial Code is what this falls under. And the Uniform Commercial Code is in common law and equity as well. But it goes on. It says, "UCC 3-505. Evidence of dishonor. The following are admissible as evidence and create a presumption of dishonor, and any notice of dishonor stated." All right. This is admissible as what? Evidence. All right. So you have to have evidence when you go to court. You have to have evidence. You can't go to court without evidence. And you have to have admissible evidence. So what constitutes admissible evidence? Well, one, a document regular in form as provided in subsection B, which purports to be a protest. That's one. Two, a purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused, unless reasons for the refusal are stated and the reasons are not consistent with dishonor. And three, a book or record of the drawee, payor bank, collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. So the banks, when they turn down your negotiable instruments, they have to have one of these three things, which they never do. They have to have one of these things to show that if, that they have dishonored your instrument.
Now let's look at B. "A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public, or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made, or if not made, the reason why it was not made, and that the instrument has been, is dishonored by non-acceptance or non-payment. The protest may also certify that notice of dishonor has been given to some or all parties." Now, this is not for you. This is for them. This is the requirements that they have to have. All right. So I just want y'all to understand that. Okay. They are required to give you a notice, and they are required to give evidence that they've dishonored your instrument, and they don't do that. This is things that they have to do, not you. Now, you're using a notary as a go-between because you need to have someone who will serve as a witness that they did not do any of these things. And when we read this correspondence, you're going to see that is exactly what is being talked about.
Now, let me digress for a second. I pulled this out of a document called "Creditors and Their Bonds." And "Creditors and Their Bonds" teaches you how to do an administrative procedure, administrative process. You will see that we have, um, a certificate of non-response. All right. And let's read this as you can see. Now, now, this certificate of non-response is a notary document. What that means is that you do not sign this, and you don't do anything with this. This is strictly 100% a notary document. It's not for you to sign or do anything. Okay. Now, what this does is it outlines, the notary is going to testify as to what happened in, in the transaction with whoever it is you were conducting an administrative process. Again, she's going to identify everything that happened. All right. Now, the notary keeps a notary record book. You should not deal with a notary that does not have a notarial record book. If you're taking someone somewhere to have them to become a notary, then the first thing you do is when they receive their, you know, little certification or their delegation authority from the state, and you take them up to Office Depot or something like that, you make sure once they get their notary stamp, you should always get them both stamps. Get them the stamp that stamps and the little crimper. Get both of those. And they should pick up a notarial record book while they're at it because you should, every time you see a notary, that notary should be having you lodge something in that book because that is a record, and it can be introduced into court as very powerful evidence.
Now, "On such and such date, the record shows notice that she keeps the record. I mailed John Doe's notice of acceptance with attachments dated." Now, what is a notice of acceptance? I, it don't have to necessarily be a notice of acceptance. It could be anything. It could be a validation of debt request, or whatever, whatever correspondence that you're sending to anyone. All right. The notary is going to detail the type of correspondence that was initially sent out by her hand. So she's going to say, "The record shows I mailed John Doe, which is you, notice of acceptance with attachments dated." She's going to tell the date that she mailed it out. "To Dave Brown Agency." Now, Dave Brown Agency could be anyone. It could be the courthouse, it could be the IRS, it could be the Treasury Department, it could be your next-door neighbor, it could be Ford Motor Corporation, it could be Bank of America Mortgage Company. Whomever they are, all agents. That's why he uses the word agency here because all of them, in the public, they are agents because if we're dealing with a public debt, it is that they are all agents of the Treasury Department. By certified mail package." And then you're going to put the certified mail number there. "As verified by certificate of service." Now, here in this book, they put a certificate of service for you. It's real simple. I don't use a certificate of service. I use an affidavit of mailing. But a certificate of service will suffice. A certificate of service will suffice. So you have the notary notarize the certificate of service that it was mailed out. A lot of notaries are kind of like, um, you know, they kind of have a problem with signing something that says affidavit. I've never had a notary have a problem, uh, uh, notarizing a certificate of service, though. So you can have them notarize your certificate of service.
Now, so this notary is gonna, uh, gonna detail, once again, that first of all, she mailed out on the, your first, uh, package to someone. Now, you're going to send out this first correspondence, and you're going to give them 10 days. Now, it's not always 10 days. Sometimes it could be 21 days. For instance, I'll give an example. Under the Fair Debt Collection Practices Act, a mortgagor has 21 days to answer your correspondence and has 60 days to provide you the material. So if you're going to do an administrative process against them, you can't go and say, "10 days. You got 10 days to respond." Because there's already a governing statute that governs when they have to respond. All right. So you want to make sure that you check the laws first of what you're asking for and ensure that there's not a code that they have to abide by that requires them to answer in another time period other than 10 days. But right here, you're gonna, she sent out this first package. Now, the notary, if the notary doesn't get a response within the time specified, they're gonna send out a second package. Okay. "On such and such date, the record shows I mailed a notice of breach to Dave Brown at ABC Agency at the address by certified mail number, as verified by the certificate of service." Now, what are we doing here? The notary is showing that she did send out everything certified mail, that there is a certificate of service certifying that that mailing of what was in the correspondence. That's what the certificate of service does. It tells what was in the correspondence and what address that it was sent to. All right. The notary only has to do this twice. It's only two steps. All right.
Now, let's see what the notary says next. "After acceptance of both mailings, Dave Brown for ABC Agency refused to send the confirmation that the account for this case number had been adjusted and settled, nor a notice of dishonor from a qualified third party excusing his refusal in the 10 days following the second mailing." Now, let me say this. Notice that this 10 days was after the second mailing. All right. Because that first mailing, you're going to give them the time period or whatever is specified. If you don't have, if you don't hear from them in that time period, that second time, they only got 10 days to respond. Now, you'll also notice that they're required to give a notice of dishonor. The notice of dishonor is what was spoken about in UCC 3-505. They're required to give a notice of dishonor when you, when you send them a bill of exchange or something like that, and they don't send you anything back. Well, UCC 3-505 states that they are required to give you that information. They just can't ignore you and keep your thing and say, "Well, I don't have to do this, and I don't have to do that," as if none of these codes right here exist.
Now we go, and it says, "Let's see what says next. Dave Brown for ABC Agency did not cure his dishonor." Cure? What is his word? Cure. Well, you cure something when you go into default or dishonor. All right. You are allowed an opportunity to correct yourself. So that's why you give two times. Okay. The second time, you're not going to start. If somebody doesn't answer your correspondence, you don't start lodging accusations at them. Okay. First of all, you're going to assume that there has been a mistake. That maybe they lost your paperwork, maybe somebody got knocked over the head or something, maybe somebody spilled some coffee on it, the dog ate it. I don't know. But the thing is that at first, you're going to assume there's been a mistake, and you're going to allow them an opportunity to cure, just like they have to allow you an opportunity to cure. Okay. If you send somebody a bill of exchange, and it, if for some reason it, where you made a mistake on it or something like that, they have to write you back and dishonor it and give you a reason for the dishonor and allow you an opportunity to cure. Because maybe you made a mistake. Maybe you didn't sign it correctly. Maybe you left some necessary information off of it. Maybe you typed in the routing number incorrectly. Who knows? But they have to identify the, uh, the, um, defect in the instrument and they have to properly dishonor it and give you notice of that fact. That is how commerce is conducted. So please don't call me and ask me, "Well, Yusuf, they didn't take my instrument or anything like that." You're being tricked. Okay. Because they know that you haven't read. All right. Because it tells you right here what they are required to do.
A judge one time told me, uh, "Mr. Jones, I've seen the thousands of these negotiable instruments before, and this is a worthless piece of paper." And I told the judge, "I'm sorry, your honor, that is not for you to make a determination on. That is for counsel to take that back to his client, and his client can return it to me with evidence of a defect from a qualified third party and allow me an opportunity to cure such defect. Absent that, sir, I consider this matter settled and closed." And he could not argue with that. He knows the rules, and he told me I was right, and I won that day. I couldn't believe it. But he could not argue with that. It might be because he was an honest judge, but he did tell me. He said, "Mr. Jones, you know, they're not going to follow you down the rabbit hole. You know how this goes. They're trying to get you to do their thing. You're trying to get them to do your thing. It's going back and forth. They're not going to follow you down the rabbit hole. Do you do understand that, though, right?" The rabbit hole is the fact that there isn't any money, and they cannot produce any evidence that they have loaned you any money. The judge told me that they're not going to follow you down the rabbit hole. A judge told me that. So don't expect for them to follow you down the rabbit hole. They're not going to do it. No one's going to write you and say, "Thank you for this," or "Thank you for doing that." They're doing everything in their power to avoid telling you anything, making you aware of anything, and they have to sidestep everything. But they can never tell you openly what is going on.
So there was no notice of dishonor sent. They gave no reason for the refusal to confirm the adjustment in the settlement of the account or send a notice of dishonor. Now, here's what the notary is going to conclude. So here's the conclusion from the notary. Because the notary is the one, all this is going through. "Therefore, based on the foregoing facts, I certify." What is the notary doing for you? Certifying something for you. "That Dave Brown for ABC Agency dishonored John Henry Doe, which is you, notice that the judge, that the notary says, and me through his non-response and did thereby agree." What are we getting? What are we getting from this? We're getting a stipulation. We're getting agreement. Like it says in Matthew 5:25, "Agree with your adversary while you're on the way to court, lest he hand you over to the judge, the judge hand you over to the bailiff, and the bailiff cast you into prison. I tell you, you will not come out until you pay the very last farthing or penny." So right here, he dishonored me, John Henry Doe, and me through his non-response and did thereby agree that John Henry Doe accepted the subject complaint for the case. I returned the complaint, exchanged his exemption for the discharge of the associated charges, presented an authorization for the use of his credit to send off all associated court charges, included processing instructions, included a statement of account showing its zero balance, and sent a letter of credit to Jon Snow as a notice that exemption was being used to settle the account."
Now, I'm going to tell y'all something. There's a lot of people out there throwing around words like letters of credit and all that, and they're getting it from here. Okay. This document is all like 20 years old or older. This is not new. All right. People are picking things out. If you didn't do everything that is in here, a lot of people will say that, "Oh, that's too much stuff to do. What, what I gotta do? Damn, I gotta give a, I gotta give a, what I gotta, um, I gotta accept it, and then I gotta do a, I gotta return it, um, I gotta present an authorization for the use of my credit. What is that? Um, and I gotta include processing instructions. Oh, and that includes a statement of account showing a zero balance, and I gotta send a letter of credit to Jon Snow as notice that I use my exemption was being used to settle the account." How many people actually do that? How many people actually do all of that and complain about something not getting set off or? So I haven't seen anybody do an administrative process to discharge something properly. Almost every single person cuts corners. And we were taught that you have to be all right, or you're not right at all. So let's keep going.
Let's look at this further. "Dave, Dave Brown agreed." Knows, we're getting an agreement too. We're getting stipulations. All right. Let's look at the word stipulation real quick because in law term, in law speak, that's what they have. Everything works off of stipulation. You always see a judge, "What are the stipulated facts?" In law of the United States, a stipulation is a formal legal acknowledgment and agreement made between opposing parties prior to a pending hearing or trial. All right. Now let's go back to Matthew 5:25. "Agree with your adversary before you get to court." Isn't that right here what it says? "Prior to a pending trial or hearing." So a stipulation is an agreement before you get to court. Isn't that what Matthew 5:25 says? Maybe we should read it as, "Stipulate with someone on your way to court, at least he hand you over to the judge." For example, both parties might stipulate to certain facts and therefore not have to argue those facts in court. All right.
Now, let's, let me, I want y'all to think about this, okay? This is why you don't argue. A lot of people do not understand what I say when they say, "You don't argue." You don't argue because before you get to court, you should already have a stipulation of what the facts are. Jury trials and bench trials are to argue facts. If you have already had an agreement of what the facts are, then you don't have to go to trial. This is why prosecutors, they can make up charges on you and then get you to stipulate to them, and then you'll get enter a guilty plea. Like, "Man, I didn't even do that." It doesn't matter. You stipulated to it. You agreed to whatever they made up. So there's nothing to argue. So we are having an agreement, a stipulation. This is what an administrative process is seeking to accomplish. You are seeking to accomplish an agreement on what the facts are before you ever get to court. Let me say that again. An administrative process is seeking to accomplish an agreement of what the facts are before you get to court. An administrative process is seeking to reach a stipulation between opposing parties before you get to court. "Agree with your adversary while on the way to court, lest he hand you over to the judge, the judge hand you over to the bailiff, and the bailiff cast you into prison. I tell you, you will not come out until you've reached a very paid the very last penny." So you're reaching a stipulation. So when we go back and we read this right here, this is why the language is read, the way, uh, is written in such a way that it is okay. That's why you keep seeing this word "agreed."
"Further, Dave Brown agreed that his refusal to send written confirmation of the settlement of this account number or a notice of dishonor from a qualified third party in no way negates the fact that said account is settled and closed, that he and the agency he represents have no capacity to pursue collection on said account, and their further pursuit of collection is agreement that Dave Brown and ABC Agency collectively and severally owe John H. Doe five thousand dollars for expenses of handling Dave Brown's resentment, and that John H. Doe may make take all necessary steps to secure its claim to the debt owed to it and to collect." Now, this works very well when we're dealing with third-party debt collectors because there are laws governing how much they have to pay for all their correspondence they send you if they don't verify something. So how are you going to have evidence that they didn't verify something, that they didn't verify the debt? You're going to have to conduct an administrative process, and then you can put the fees in there that they owe you for their continued correspondence to you and take them into court. Now, you can see right here, the notary is going to date this, notarize it, and stamp it, and put their name and address. And this is a certificate. This is a certificate. It's called a certificate of non-response. The notary is certifying something for you. The notary is certifying something for you. Now, you should know that you should already have your certified mail things that you're going to send out, and you should already have this drafted up and give it to the notary when you first go to the notary. You already gonna. Now, this also has kind of basis in natural law. You should already be visualizing how you want things to come out. You should already be visualizing how you want the end game to be. So you already know that you're going to send them a first package, a second package, and if they don't respond within 10 days to the second package, the notary is going to sign this document and certify it and give it to you. You should hand the notary all your correspondence at one time. You don't sit there and then write one thing and then come back to the note and write something else. No. Your notaries should understand how to conduct administrative processes. They should have a P.O. box that is dedicated solely to receiving correspondence such as this, and they should check the course. They have a duty to go to their P.O. box, and you have to pay them for all these services because they have to drive, they have to burn their gas, they have to go to their P.O. box to get stamps and all this kind of stuff. They have to mail this off for you and monitor and make sure everything happens the way it's supposed to happen. So yes, they are going to receive some type of remuneration for their services for doing this for you. And I can tell you, in jail, notaries were getting, you were in jail, and you needed a notary to do this for you. You weren't paying under $500 because to find a notary in jail that would do to you is almost impossible, and you'd be willing to pay it too. But anyway, um, so that's the certificate of non-response. That's the first document you're going to put together. Is your certificate of non-response.
I, now the second document that you're going to put together is going to be a notice of acceptance. All right. Now, this is a notary document as well. It is not a document for you. All right. It is not a document for you. It is a notary document. So the notary, this is a cover for the notary when they send out that first mailing for you, such as if you're going to send it to a judge. Now, this is an administrative process that's being conducted against a criminal complaint where we're looked at right here. But the same thing applies true for a mortgage, credit card bill, whatever, you know, child protective services, whomever it is that you're corresponding with. The notary is going to send out a notice. Now, notice right here, you have your certified mail number at the top. I did mine a little differently. I got mine from a, um, an attorney, and I used to write my certified mail number up here in the header. All right. But you want your certified mail number on that. You're utilizing that certified mail number that goes here is what's going to go on your certificate of non-response right here. Certified mail number. Right here. Return RRR stands for Return Receipt Requested. That means that the green card that you go to the post office and get, you're going to want that returned to you. It's going to be returned to the notary. Why is it going to be returned to the notary? The notary, cuz after acceptance of both mailings, how is the notary going to know that both mailings had been accepted? How can the notary testify to a fact that she doesn't have firsthand knowledge of? So right here, all right, the notary is going to put their name and address information. This is mailed by. This is who mailed it. Okay. Then right here, who you're mailing it to. Notice the agent is, notice the principal. Notice the principal's notice the agent. Date. Regarding complaint on this case. Notice of acceptance. Please be advised that I have accepted your presentment to John H. Doe for assessed value. Now, why is it assessed value? Now, if it's an assessed value, now let's, I'm going to take this and and kind of, um, flip-flop it. If we're talking about a mortgage, all right, and they send you a payoff, there is an assessed value. They've given you an assessment. They've told you how much it has cost. Okay. If you have not been told how much it has cost, it is accepted for value. All right. All right. There's no assessment with it. You haven't been getting, uh, you haven't been giving a voucher, which is what is at the end of your utility bill or, you know, bills and everything. They haven't told you what is, what it, how much this cost. So you say, "Please be advised that I've accepted your presentment." What is a presentment? A presentment is for those who don't know, because I know we got some new people on here, so I'm gonna go through what a presentment is, because the presentment is a very important word for you to know. What is a presentment? Okay. Well, let's look at that real quick. All right. Right here. Presentment. Presentment. Now, right here, and this is what you're going to notice in a Black's Law Dictionary, that they do everything in threes. You're going to hear this a lot. You're going to see a lot of times that the third sense of the legal definition is always going to refer to something commercial. Not every time, but a lot, a majority of the time. All right. And you're going to see right here, it's going to say, "The formal production of a negotiable instrument for acceptance or payment." All right. That is what a presentment is. Okay. When we're dealing with some type of bill, an indictment is a presentment. All right. It is a bill. They call it a bill of indictment. It is actually a negotiable instrument that they're giving you that they want you to sign to pay your debts to society. So there's a formal production of a negotiable instrument. When you get a voucher, okay, those things are negotiable instruments. This is why I conducted an entire webinar showing you how to take a voucher and
convert it into a money order because it is a coupon. okay, so that is why they're using the word presentment for your education and edification. this is why when we look at here, he's saying, please be advised that I've accepted your presentment to John H. Doe. notice that John H. Doe is in capital letters. the presentment is always to your straw man, it's never for you. you're the surety for assessed value. it's an assessed value. if they tell you how much it is, it's accepted for value. if you don't know how much it is, and I'm returning it to you in exchange for closure and settlement of this account. account number. an account number could be a case number. case numbers are account numbers. they securitize these. all right, so your case number is an account number, or it could be the mortgage loan number, or or whatever. please send confirmation that the account for the case number has been adjusted and settled to the address shown above, or send a notice of dishonor from a qualified third party. what's the address above? it's the notary's address. all right, no correspondence comes directly to you. you're telling them where to send the correspondence, as it outlines in the UCC. so you're directing them very clearly. I need you to send this to this address up here. all right, it needs to be sent by a qualified third party. who is a qualified third party? anyone who can issue oaths, such as a notary, a judge, an attorney, someone who is who can act as a witness to the contents of the correspondence. so we have to have a qualified third party that's going to send this. and now notice what he says, I'm also enclosing an authorization for you to facilitate the use of my credit to discharge all court charges that may apply. now I'm going to talk about this authorization in just a moment. okay, that goes to the treasury department. you can send a copy of it to them. and basically, it's very short. it's just telling them, you have my permission to access my exemption to discharge. you have to give them permission to do it. if you don't give them the permission to do it, then they're going to sell the bond. you have to give them permission. you have to tell them what to do. I'm giving you permission to use my exemption. the instructions and a statement of account are attached for your convenience. all right, instructions. you give them processing instructions. you tell them what to do with the negotiable instrument. and a statement of account is what they use in commerce to show a zero balance. I always attach my statement of account. or if you've ever attended my negotiable instrument webinars, the statement of account is in the middle part of the negotiable instrument. Jon Snow, that shows you how old this is. Jon Snow is one of the secretaries of treasury. his name is Jacob Lew. now Jacob Lew is also being notified that I'm using my credit for this purpose. now your refusal to send the confirmation or notice of dishonor will in no way negate this settlement and will be your agreement that you and your agency have no capacity to pursue collection further collection efforts. confirm that your agreement that you and the agency collectively and severally owe John H. Doe, which is your straw man, $5,000 and that John H. Doe may take all necessary steps to secure its claim to the debt owed to it and to collect. now, this is the same verbiage that was used up here in your certificate of non-response when you told them that, hey, if you don't answer this, then you agree to that. isn't that what it says in the um OCGA? in the ordinary course of business, when good faith requires an answer, it is the duty of the party receiving a letter from another to answer within a reasonable time. otherwise, he's presumed to admit to the propriety of the acts mentioned in the letter of his correspondent and adopt them. so if you don't respond to me, anything that you put, I put in this letter and you don't respond to it, that constitutes a contract. and this is why you're going to go into a court of equity because now you are forming a contract with them that they have agreed to from their failure to answer the correspondence, from their tacit procreation. so now, right here, we see that this is the first correspondence sent out, and it is sent out by the notary. all right, you're gonna fill this out, sign it. the notary is the one that's going to mail it out. mailed by notary, return address, notary. you're going to draw up this. this and this document are going to be together when you come to the notary. all this is going to be in a package that you're going to hand off to the notary along with another document. you're going to have a certificate of service that the notary is going to notarize also. and okay, here's your notice of non-response. this is the second part. this certified mail number goes right here on the second line, right there. all right, so this is the second mailing that is going out. okay, now your second mailing is going out. the reason we're doing the second mailing is because the notary sent out your first mailing and, whoa, they didn't answer. so since they didn't answer, now you're going to have your notary mail out this document as well. okay, now what is this regarding the correspondence you sent before on such and such date? what is the date right here that we're going to use? the date of the first correspondence. that's the date that's on this correspondence. all right, so on that date, I sent you a notice of acceptance and a request that you send confirmation that the account for this case had been adjusted and settled, or notice of dishonor from a qualified third party. it was sent by certified mail, return receipt requested, with a certificate of service. now, am I going to start lodging accusations at them because they did not answer my correspondence? no. all right, I'm going to assume that something maybe happened because this is business and we're going to keep it professional. in the event your dishonor through non-performance and non-response was unintentional or due to reasonable neglect or impossibility. what are these words? unintentional or due to reasonable neglect or impossibility. okay, well, let's look at that real quick. oh, they may have changed. right? oh, yeah, there it is. okay, and I love UCC 1-103 because it is, I've read this so many times. it's something that you should commit to memory. the uniform commercial code must be liberally construed and applied to promote its underlying purposes and policies, which are one, to simplify, clarify, and modernize the law governing commercial transactions. two, and this is, this is what is the purpose of the uniform commercial code, two, to permit the continued expansion of commercial practices through custom, usage, and agreement of parties. I'm three, to make uniform the law among the various jurisdictions. now, I'll see no in here about nationality and claiming my nationality and all that that the Moors get so upset with because they tell you what it's for right here. just like the name says, it's the uniform commercial code. it is for business. okay, which is what the legislatures do. they, they regulate commerce. and you find that article 1, section 8, clause 3, and the legislatures are the one that promulgate codes. that's what codes of forecodes are for businesses. now, let's look at b. it says, unless displaced by the particular provisions of the uniform commercial code, the principles of law and equity, including the law merchant and the law relative to capacity to the contract, principal and agent, estoppel, which is what we're going to be talking about, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provision. so we see the word mistake right here. this is why when you go into creditors in their bonds, he went to a great deal of effort to talk about mistake. mistake, some unintentional act, omission, or error arising from ignorance, surprise, imposition, or misplaced confidence. a mistake exists when a person, under some erroneous conviction of law or fact, does or admits to do some act which but for the erroneous conviction, he would have done or admitted. it may arise from either unconsciousness, ignorance, forgetfulness, imposition, or misplaced confidence. and what do you think that they're doing to you when they started talking about, we only take this kind of payment, and you know, I don't know what this is right here? isn't that, wouldn't that fall under the definition of mistake? aren't they making a mistake? aren't they making an error? so when we go back and we look at the con, at the um, our correspondence again, which is a notice of non-response, we'll see right here, it says, in the eventual dishonor through performance and non-response was unintentional or due to reasonable neglect or impossibility. I'm attaching a copy of the same presentment to this notice of non-response. so you're going to take all the correspondence you sent him in the first letter, you're going to make copies of it, and you're going to attach that to the second letter because something may have happened. they may not have gotten your correspondence. they may have made a mistake. that you like when they say, well, we lost your correspondence. you're supposed to have color copies. I scan everything into my computer, especially when I'm dealing with clients, because when they lose it, I can just print it back out. but you should have copies of everything that you sent to the first time. so as soon as something flies out of their mouth like they lost something, you can easily send them copies of all the first correspondence. and notaries can make certified copies, which is what you want your notaries to do. and let me show you this right here. certified copies. know the republic. all right, certified tested photocopies. all right, this I like this little website right here because it tells notaries are frequently asked to make a certified or a tested copy of an original document. not all states, however, authorize notaries to perform this act. not all documents are eligible for copy certification attestation by a notary. the following discussion will help you navigate these sometimes murky waters about the duty. now, notice they talk about a duty again. the act of a co, of the act of copy certification attestation is completely different from notorious acts involving a signed document. you do not administer an oath or take an acknowledgement from anyone. instead, you make a witness to making a photocopy of a document, or you compare a photocopy against the original document and then certify or attest affirmed to be correct that the photocopy is a true copy of the original. so can't the notary make certified copies of you by looking at your documents and making sure that wouldn't that what you want to have, especially if you're going to go to court? would you want certified copies of your documents in your hand? only certain states that authorize copy certification slash attestation allow the comparison method. now, that's the comparison method. all of them allow the dotaries to make certified copies. but if you're going to just compare, because the notary has to make the copy themself. but if the notary does not make the copy, these are the states that allow the notary to compare. California, power of attorneys only, that's all they can do in California. Colorado, Idaho, Maine, Minnesota, Missouri, Montana, New Hampshire, North Dakota, Oklahoma, Pennsylvania, Vermont, Washington, West Virginia, Wisconsin, and Wyoming. all right, so that's it. those are the ones that compare. now, up here, we have a list of the states. states authorizing certified slash attestation of copy by notary. Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. okay, now they, they put a little asterisk by California and Colorado and Missouri and West Virginia and Maryland because specific restrictions apply. in all states authorizing this act, specific, and you have to go in that and see what those restrictions are. all right, now, so for clarity, ASN avoids use of the term certified copy except in states whose statutes actually refer to the act in this manner. we more frequently verify, verify variations of the term attest or copy attestation or tested copy. please note that when a notary makes an attested copy of a document, he or she is not guaranteeing the authenticity of the original document, its context, or its effects. the notary is simply stating that the document photocopy is a true and complete copy of the original document that was presented. the notary certification is made in a notorious certificate worded expressly for this purpose. ASN recognized that that you positively identify the person presenting a document for copy attestation as a best practice. while your state statutes or rules may be silent on this matter, the notorious certificate for an attested photocopy generally states that the document custodian's name. you will also want to record the name of the document custodian in your record book entry. it is therefore wise to positively identify the person. all right, now, you must be, and this gives all the things for uh the document. now, you can't do vital records. they won't allow them to make copies of birth certificates, even though I've had this done. and they, they go through and they show right here, they actually give them examples of what to put on the document. and usually, I will copy this and I will put it in Photoshop and I will copy this to the document that I want to certify a copy of, and this will, and this will appear on the document. and then the notary is going to put this on, on this day of blah blah blah, August 18, 2015, I certify that the procedure in our chats document is a true, exact, complete, and unaltered photocopy made by me from the original document. and you're going to give a description of the document. okay, okay, present it to me by the documents custodian. and you're going to put the name of the documents custodian, which is you. and that to the best of my knowledge, the photocopy document is neither a public record nor a publicly recorded document certified copies of which are available from an official source other than a notary public. so that's letting them know, like, if you get, if you're getting something certified out of, you know, like the state, they can't certify a copy of something that's already been certified. okay, so, and that's, that's a good one. now, this is a comparison one. this is right here when they make a copy of something. and this is right here when they do the comparison. I, I, notary's name, a notary public, do certify in this date, upload, I carefully compared the attached copy of, and then you go to the description of it, with the original. it is a complete and true copy of the original document. and so here is the verbiage that the notary is going to use when they make certified copy of documents. and this verb, it should be printed somewhere on the copies of your document to allow the notary to notify, uh, to notarize it as a certified copy. so now you have certified copies of your documents, and notarized documents are automatically admissible as evidence in court, which is where a lot of this stuff leads to. now, before I continue, now let me finish this. all right, so right here, we see that in case you're attaching a copy of the same presentment to this notice of non-response. all right, so you're sending them this second letter along with copies of all your correspondence. you're going to maintain certified copies for yourself. all right, you're going to maintain certified copies for you. if you want to send them certified copies, that's your business. but you always keep certified copies for yourself because you're going to need that to introduce into court as exhibits. you don't want just regular copies of documents and go into court and put it attached as an exhibit. that's hearsay. do you know how easy it is to forge a document? and then you want your notary when she notarizes certifies your documents, you don't want the stamp. you want it to put the stamp and the crimper on there, not just the stamp. you want the stamp and the crimper. it goes on. it says, please send confirmation the account for this case number has been adjusted and settled to the address shown above, or send a notice of dishonor from a qualified third party. if you have an excuse for not performing as requested, please mail your particular statement to me at the address noted above. your specific performance or statement is expected no later than 10 days. and notice that you always write the number and put the number in parentheses. that's what you do in law. ten days from the date this notice is. thank you for your prompt attention to this matter. if you fail to cure the breach, your refusal will be your agreement of all statements made in the initial notice of acceptance. well, isn't this language right here at the end of this the same language once again that we have right here? you know, otherwise, it's presumed to admit the propriety of the acts mentioned in the letter of his correspondence and adopt them. isn't that what it said right here? if you don't answer, you agree to all the statements made in the initial notice of acceptance. we have an agreement of the parties. we have a stipulation that you can't bring up in court later. does that make sense to everyone? I'm going to stop right here and I'm going to take a break. and when I come back, if you guys have any questions, and then we're going to continue. [Music]