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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience:  Began practicing law in 1992
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Instructions to Tender Payment Notice to Agent is Notice

Resolved Question:

Instructions to Tender Payment

Notice to Agent is Notice to Principal.
Notice to Principal is Notice to Agent

Silence is Acquiescence, Agreement, and Dishonor

NOTICE: This document is not intended to threaten, harass, hinder or obstruct any lawful operations.
It is for the purpose of obtaining lawful and legal remedy as is provided by law
and tendered with honorable intent.

RE: Account #

To whom it may concern:

Enclosed find Promissory Note No.: XXXXXX made out to_________________ to discharge the above referenced account for settlement and closure.

This attached Negotiable Instrument is presented under the authority of House Joint Resolution 192, Public Law 73-10,
UCC 3-104(c), Spencer v. Sterling Bank, 63 Cal Ap. 4th 1055 (1998), Guaranty Trust Co. Of NY v. Henwood et al, 307 U.S. 247 (FN3), the Within Negotiable Instruments, Vol. III (including 2006 Supplement) on the Undersigned's UCC Contract Trust Account. "The entire taxing and monetary systems are hereby placed under the U.C.C." (Uniform Commercial Code) - The Federal Tax Lien Act of 1966.

Please send receipt for discharge to the address above in care of my notary public/attesting witness within 3 days of deposit.

As everyone should know lawful money was removed from our economy by congress in 1933 by HJR 192 (House Joint Resolution) and replaced with negotiable instruments. These negotiable instruments are considered as legal tender on the same par and category as federal reserve notes. They represent a mortgage on all the homes and personal property of all the American people. This mortgage was placed without proper legal authorization by congress and the supreme court required that a remedy had to be given to the American people who were principals and sureties for the national debt. This remedy is to discharge debt for the people who demanded it. We the People were made private bankers according to the law with the authority to issue notes to discharge lawful debts. This must remain in effect until lawful money and the property is returned to We the People without any encumbrances.

HJR 192: “Now, there-fore be it. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public policy; and no such provision shall be contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts.”

LEGAL TENDER DEFINED

Legal tender under the Uniform Commercial Code (U.C.C.), Section 1-201(24) (Official Comment); “The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue or adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected.”
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Are you asking if sending this notice will work to discharge a debt?

Customer:

HJR-192 superseded Public Law (that which passes as law today is only "color of law"), replacing it with public policy.This eliminated our ability to PAY our debts, allowing only for their DISCHARGE. When we use any commercial paper (checks, drafts, warrants, federal reserve notes, etc.), and accept it as money, we simply pass the unpaid debt attached to the paper on to others, by way of our purchases and transactions. This unpaid debt, under public policy, now carries a public liability for its collection. In other words, all debt is now public.

Dwayne B. :

I understand your position and this has been making the rounds of the internet since there has been an internet. Is there a specific question I can assist you with?

Customer:

I would basicly like to know if this information is insubstantial or if it can be substantiated, And if it is good information how would somebody use it?

Dwayne B. :

No, it's not a correct interpretation of HJR-192 and it doesn't work.

Dwayne B. :

HJR-192 was the law used to outlaw gold contracts.

Dwayne B. :

This was done to protect US citizens against changing values in US currency compared to gold

Dwayne B. :

It also allows citizens to stipulate, in the contract, what medium of exchange is to be used if they desire to do so.

Dwayne B. :

So, if you and the other person agreed, you could require or be required to pay the debt solely in gold or silver or ritz crackers, whatever.

Dwayne B. :

But it doesn't mean that you can cancel a debt you agreed to by sending a notice.

Dwayne B. :

HJR-192 was also modified by other laws later. Technically, it isn't a law it's a joint resolution.

Customer:

Would you happen to know anything about Indemnity Bonds and U-CC1 filings?

Dwayne B. :

Some but not a lot. You'd need to open a separate question on that issue.

Dwayne B. :

I happen to know this one because I've seen someone get into trouble using this argumetn as well as a couple of similar arguments that are out there.

Customer:

I was just curious because my brother has been reading all about it

Dwayne B. :

There are A LOT of BS theories out there. If it doesn't sound right it usually isn't. You'll hear people say that they don't owe income tax because they weren't paid in fold and silver, that their birth certificate is some kind of publicly traded stock certificate, that they don't have to have a driver's license or pay taxes because they are a "natural person", etc.

Dwayne B. :

Those will absolutely get you into trouble if you subscribe to that theory.

Customer:

Also, If you don't mind me asking a quick question relating to dept collectors and small claims court?

Dwayne B. :

You can find a lot of stuff on the web that sounds good until you actually study it a little more.

Customer:

I just got a letter in the mail yesterday from a local dept collector stating that they are going to request the court to issue a erit of body attachment for failure to appear. The only income I have is SSI which is exempt and I have no assets. Do you have any advice for me in terms of getting the judgment set aside so I can actually appear and defend myself?

Dwayne B. :

What was the failure to appear? What were you supposed to appear for? Also, what is your disability?

Customer:

they list the original creditor as follows: E-Z Car credit Monte Carlo Date of service 3-26-2010 amount due 5,956.65

Customer:

and a bad check for cap n cork in 2005 when i was 14 years old

Dwayne B. :

But what were you supposed to appear for?

Customer:

Contempt Citation Rule to show cause

Customer:

and that was on the 6th

Dwayne B. :

What was the show cause for? You had to have been subpoeaned or ordered to appear for a Motion to Show Cause? What did you not do that you were supposed to do?

Customer:













































































09/17/2013 Converted Event
PROCEEDINGS SUPPLEMENTAL FILED AGAINST DEFENDANT(S) WHO IS ORDERED TO APPEAR FOR HEARING ON SAME. RE: HOLOCHER ROBERT

09/25/2013 Converted Event
O.T.A. ISSUED/REGULAR MAIL DATE: 09/25/2013 RE: HOLOCHER ROBERT

10/23/2013 Hearing Scheduling Activity
Hearing originally scheduled on 11/06/2013 at 9:30 AM was rescheduled to 11/06/2013 at 9:30 AM. Reason: Conversion.

11/06/2013 Damages Hearing (9:30 AM) (Judicial Officers Degroote, Jennifer Lynne, XXXXX, XXXXX, Ummel, Jerry L)






11/06/2013Reset by Court to 11/06/2013

Result: Commenced and concluded
11/06/2013 Hearing Journal Entry
Defendant fails to appear. Proof of service satisfied.














Not Present: Curtis, Gary G
Not Present: Holocher, Robert
Hearing Date: 11/06/2013


12/03/2013 Motion for Rule to Show Cause Filed










Filed By: Anthony Wayne Credit Adjusters
File Stamp: 11/27/2013


12/03/2013 Order Granting Motion for Rule to Show Cause










Non-Movant: Holocher, Robert
Order Signed: 12/03/2013


12/03/2013 Hearing Scheduling Activity
Hearing on Motion for Rule to Show Cause scheduled for 02/06/2014 at 1:30 PM.

12/03/2013 Hearing Scheduling Activity
Hearing on Motion for Rule to Show Cause scheduled for 02/06/2014 at 1:30 PM.

12/03/2013 Clerical Mistake Corrected
The Motion for Rule to Show Cause filing date should be November 26, 2013

01/08/2014 RJO Entry
Order of Rule to Show Cause








Order Signed: 12/03/2013


Vol./Book 2014, Page 108

01/08/2014






Order

Contempt Citation







Requested By Anthony Wayne Credit Adjusters












Holocher, Robert







Served01/14/2014









Anticipated Server USPS









Anticipated MethodRegistered or Certified Mail








Signature Confirmation Mail

02/06/2014 Hearing on Motion for Rule to Show Cause (1:30 PM) (Judicial Officers Degroote, Jennifer Lynne, XXXXX, XXXXX, Ummel, Jerry L)Result: Commenced and concluded
02/06/2014 Hearing on Motion for Rule to Show Cause (1:30 PM) (Judicial Officers Degroote, Jennifer Lynne, XXXXX, XXXXX, Ummel, Jerry L)Result: Commenced and concluded
02/07/2014 Hearing Journal Entry
Proof of service not satisfied.








Hearing Date: 02/06/2014



Customer:

By the time I found out I had a judgment it was too late. They failed to properly service the notice of claim

Dwayne B. :

What kind of case is it?

Customer:

Dept Collection

Dwayne B. :

You're going to have to open this as a new question. We're so far off of the original one that I'm going to get into trouble with the website if we continue.

Customer:

Not a problem, I do thank you for your time!

Dwayne B. :

Since you're a subscription customer it doesn't cost you extra to open a new question.

Dwayne B. :

PLease don;t forget to leave a Positive Rating on the original one.

Customer:

I certainly will

Customer:

I just gave you an excellent rating

Dwayne B. :

I'll look for the new one when it posts. I'll be offline for a little while but will pick up when I see it if no one else has grabbed it.

Dwayne B. :

Thanks!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26932
Experience: Began practicing law in 1992
Dwayne B. and 6 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 6 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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