When you get a letter from the IRS, a traffic ticket, or some other demand from some “gov’t” agency, you’ve received a commercial PRESENTMENT or PRESUMPTIVE CHARGE. And depending on how you respond to it, is what happens to it. There are THREE ways of dealing with it.
1) If you don’t respond within 10-30 days, then it becomes an actual/valid charge against your strawman (all-caps NAME). I.e. your non-response is considered as ACCEPTANCE.
2) If you request validation or counterclaim, the presentment is temporarily INVALIDATED, until such time that the agency responds to your validation questions. Although I like best the UCC 3-501 counter-demand since that is especially for presentments so no court can claim that my questions were frivolous.
3) Settlement and Closure. That’s done with a Bill of Exchange AKA the A4V. Now that doesn’t work for most people but that’s because they’re doing it wrong.
A4V is a CREDITOR claim. I.e. by doing that you’re claiming to be a creditor who can SETOFF the charges against the funds that US owes you. But the system DOESN’T see you as a creditor unless you got your claim registered or recorded IN PUBLIC.
Just like when the IRS or FTB want to levy your bank account, they gotta have the lien recorded in public, either on the UCC or in the county records. I.e. public recording PERFECTS the lien.
Below is some old stuff from Jean Keating explaining that further.
“When a strawman is charged with speeding, he is given a charging instrument. It is the same as a claim by the bank that shows that someone has failed to make mortgage payment. It is a commercial entry from a corporation showing that there is a liability on your part that is an account receivable and they are in the capacity of a creditor and making you appear in the capacity as a debtor. So the clerk has an accounting charge against the strawman but you are operating the strawman account. It is your responsibility to bring in recoupment in behalf of the real party of interest which is you because you are the ultimate creditor if you raise that claim against the liability side of the account.
People have a right to travel. So they have the right of recoupment to offset any charges against the strawman in an attempt to restrict the right of travel of living people. Civil and criminal court procedure operates the same as the bank.
You must show that you are a creditor. The charge is a presumptive claim with no evidence.
A notice of lien or levy has no evidence of a claim. It is just a charge. A notice is a claim of jurisdiction. A counterclaim is not a dispute or argument. Disputes are not permitted. If the merchant had brought a claim, it would be a fraud, because you already paid it. So they just give you a presumptive notice. It is an unsupported charge. There is probable cause with no evidence.
You have to respond to it because it will become valid if you don’t. It is just a notice of interest. It can mature to a claim with your failure to respond. You have to accept it and return it with your notice of interest, which is a counterclaim, within 10 days, according to admiralty rules. Failure to do a specific negative averment of the facts alleged (rule 9) constitutes an acceptance of this fact as far as the courts are concerned. A notice of interest matures to agreement of the parties that they have a valid claim so they do not have to prove it.
An unsupported notice of interest becomes an agreed-upon claim. They are not guilty of fraud, deceit, or trickery. Your failure to respond is the problem. Our responsibility is to rebut the assumptions and presumptions under the rules of evidence.
The IRS has a notice of lien or levy. It is a charge or notice of interest. Don’t argue with them.
You should rebut it under civil rule 13. Otherwise it stands as fact and they don’t have to prove anything.
The government and their agents are here to test us. If we want to pass the test, we should have a claim for set off. We must act like creditors, not debtors.
You don’t need any evidence to issue a notice of interest. IRS notices of lien or levy are just notices of interest. You have 10 to 30 days to respond with a counterclaim. If you don’t respond, they have a claim by default.
Do not argue. Arguing creates the IRS claim by default. We are a creditor when we discharge the debt, but we fail to respond timely with a counterclaim to show we are a creditor. Since the IRS is just a debt collector, they are the best place to have a data integrity board hearing to settle and close the matter.”
Note that almost everything in the corporate Democracy is based on PRESUMPTION. Federal Reserve Notes are PRESUMED to be money, even though they’re COMMERCIAL PAPER, i.e. IOUs, since even the courts ruled that they’re OBLIGATIONS of United States. Titles of US Code which were NOT enacted into positive law, aren’t laws but just Prima facie evidence of laws, which can be rebutted with older legislation of Congress, gov’t agencies DON’T send you bills, just STATEMENTS, which only PRESUME that you owe something, and which can be rebutted by a counterclaim, etc.
In other words, corporate Democracy is on the PUBLIC side, where everything is presumed, while on the PRIVATE side everything is real and where gold and silver coins are money. So on the public side, US citizens are DEBTORS, while on the private side, they’re CREDITORS. And debtors pay gov’t debts with fake money FRNs, while creditors deal with gold money and SETOFF public debts, on the public side, with their signature.
BTW, since a Notice of interest matures to agreement of the parties that they have a valid claim (so they do not have to prove it), that raises a possibility to send such a notice to the IRS or some other agency, and so MAKING THEM DEBTORS if they fail to respond. I.e. failure to respond validates the charge which can be turned into a lien when such is published in public. — And you know what that would make you? A CREDITOR who can discharge public debts with his signature. Although there may be a simpler method of becoming a creditor.