Tort Claim Proccess

7/28/2019 Tort Claim Proccess

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utilized the courts or some other private process, commercial

lien, or whatever, their main objective other than to be left alone (by government)was to get

compensated for the violations, wrongs committed, unlawful incarceration orunlawful takings

against them and to obtain some semblance of justice. There has been manyunlawful

incarcerations, fines, and the taking of property, even children, etc.. And of course,based upon our

sense of 'justice' and our human nature, we want some sort of revenge, no we wantjustice ... no, we

want damages! Compensation for the violations done to us! Scripturally, we want tobe made

whole! Would you not agree? For some 25 years of the 'Movement,' this has beenthe direction and

the goal of the people dealing with government at every level.., but to no avail! Also,the Freedom

Movement has not effected any 'change' or 'correction' as to the system closer to

some perceived

constitutional mandate. The government corporations have not bent a knee to the'learned' pressure,

if any, from those active in the movement.

Any attempts in dealing with the various levels of corporate government have notbeen easy.

More likely than not, the people have been met with more denial, disrespect, and outand out

objection or total disregard in applying any form of a constitutional application forcorrective


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measures, information, court filings or otherwise. And trying to go in or beingcompelled into their

so-called courts, there certainly is no respect for the so-called 'Freedom Fighter,'and the usual out-

come is most always a fine or jail, traffic matter or otherwise.., even prison in manycases!

However, it is the objective of the courthystem to maintain control of thedebtorlslaves on the

Plantation, extract the revenue and punish the 'subject aliens' before them in theirso-called courts.

We have said may times that you are not to find a remedy in THEIR courts, with orwithout an

attorney, no matter what you have been educated to believe or otherwise, as to thefact of many

years of over-whelming evidence to support the fact of generally.., no remedy.

THEIR COURTS ARE NOT THERE FOR YOU!!! ... in the manner you have been led tobelieve!

But yes, they allow a few to win, to keep the scam going, say l%!


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Of course, it was proven years ago that the Constitution (State or Fed) does notoperate upon

the people ... "But indeed, no private person has a right to complain, by suit in court,

on the

ground of a breach of the Constitution. The Constitution, it is true, is a compact, buthe is not

a party to it." (Padleford, Fay & Co., v The mayor and Aldermen of the City ofSavannah 1854)

And, it is to be understood that we the people, singularly, jointly or severally are not'signatories' to

that social compact/contract!

You cannot find your signature on any Parchment! That 'social compact' did nothingfor you as

you are not named in it, nor did you sign it! Therefore, the question is; Where's theagreement or

contract that you have with State or Federal government to bargain for your so-

called rights or

protect your so-called rights as to give rise to any presumed fiduciary obligation ontheir part to

apply or enforce any right however defined as supposedly enumerated in the Bill ofRights? And of

course, your signature does not appear on the Bill of Rights, as an addendum to theirsocial

compact/contract either, and of course, much of the Bill of Rights have beenlegislated away by the

government corporation.


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For those who choose to read the writings on the wall of executive, legislative andjudicial

history by the corporate United States, take note; The United States Supreme Court,as at present

(1968) constituted, has departedfrom the Constitution as it has beeninterpretedfiom its inception

and has followed the urgings of social reformers in foisting upon this Nation lawswhich even

Congress could not constitutionally pass. It has amended the Constitution in amanner unknown to

the document itself While it takes three fourths of the states of the Union to change

the Constitution

legaliy, yet as few as Jive men who have never been elected to oflce can by judicialfiat accomplish

a change just as radical as could three fourths of the states of this Nation. As a resultof the recent

holdings of that Court, the sovereignly of the states is practically abolished, and theerst while free

and independent states are now in effect and purpose merely closely supervisedunits in the

federal system" (Gerald J. Dyett, Plaintiff vs. John W. Turner, Warden, Utah StatePrison,

Defendant, 439 Pacific Reporters, 2d Series at page 266-267 or 20 Utah 2d 403).

So the question is; "What is your 'patriotic' connection to a state (corporation)

which is now just

a 'unit' in the federal system of which you are not a party to?" Um', are you governedby force and

fraud? And do you consent to it?


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But what many do not understand ...is that the Bill of Rights (Articles of AmendmentI through

X), only act as points of the contract which operate upon the 'agent' of corporate

government, upon

their 'oath of office.' They took the oath to abide by their social contract/compact -you did not!

They have the performance bond to indemnify their action, you do not! Out there inthe commercial

world, everything operates under contract or agreement. The car loan, the homemortgage, the

driver license, the rental contract, is just a few examples. The point is, we the peopleDO NOT

HAVE A SOCIAL COMPACTICONTRACTIAGREEMENT WITH GOVERNMENT THAT

HAS ANYTHING TO DO WITH OUR SO CALLED RIGHTS!

As stipulated via a state level 13 questioned FOIA (as advertised in The American'sBulletin), the

Washington State License Department, in their answer stated; "The Department hasno documents

on file which would demonstrate that you are a party to any social compact orcontract which can


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demonstrated to operate to confer any contractual, controlling, insurable, lawfUl,legal, pecuniary,

regulatory, or any other interest in your being and/or property to the benefit of the

county or state,

etc." So does the State have anything to do with you?

And it seems awful funny that the Attorney General of any State cannot provideinformation,

evidence or even an answer has to how their State Constitution operates upon the'private' man.

Gee, I wonder why?

Getting back to the issue of remedy, in more recent years, starting from the'Montana Freemen'

time-period (1996-ish), and then the 'new' promoted program was a commerciallien process (CLP).

The completed CLP was believed to in some manner allow the 'lien-holder' to obtainremedy in the

manner of compensation. But that was not the case. The lien only placed a cloud onthe property of

the lien debtor and when the property is sold, the lien must be satisfied. Of course,that could take

years! On the other side of the issue, where commercial liens have been filed morerecently on

government employees, i.e., prosecutors and judges, they, having power to retaliate,and do just

that! Many people have been charged with 'paper-terrorism' and/or 'simulation oflegal process,' for


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using their copyrighted laws and statutes without license and of course for filing alien which is a

direct attack. It's 'going to war!' Not good!

Therein, what we have come to understand is that your use of the government-corporations

copyrighted laws, statutes and codes in court filings primarily, constitute 'liable.' It'stheir writings

and you have neither contract nor license to use such at all. Their attorneys do -youdo not! Now

do you see the problem?

We have been conditioned to believe that we can go into their private courts, filepapers and

expect some form of due process, remedy and justice. That we have some magicalright to use their

copyrighted laws, statutes and codes to obtain some remedy. Gee, where is that

written ... where's

the agreement to use their copyrighted laws, statutes and codes beside theeducation that One

received in their Public Fool System of Schools, and of course was deceived by suchinstitutions,

that One could think, One should be able to prosecute in One's own behalf, when inrealty you can

think what you want, but just like what we were taught about the conditions inRussia, you had

better keep your thoughts to yourself. What they failed to teach you, is that youcannot trespass

over someone else's intellectual property rights secured by copy-rights, while all thewhile,


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attempting to state a claim of action for trespass? The old adage, that "two wrongsdon't equal a

right" while attempting to state a claim for which relief can be granted.

Since purportedly, we are to be separate from certain forms of government, and thefact we are

above the government as its supposed creators in concept, being so-called sovereignother than for

necessity, and not under any contract or agreement that would reduce us to meresubjects, and to

remain supposedly sovereign, then logic dictates that our remedy must be foundsomewhere else, as

it is not to be found in their private corporate so-called courts. As a reference point;"The county

courts are no longer constitutional courts." (Fehl v Jackson County (Oregon) in citingIn re Will

of Pittock, 102, 199 P. 633. 202 P 21 6, 17A.L.R. 218) If the county courts and other

courts are not

constitutional courts, then have we not been deceived? And by what authority dothey operate their

so-called courts against you via their fines and punishment where there's a no nexusother than by

adhesions of undisclosed fraud to their statutes for any liability to attach to you intheir non-


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constitutional courts? So why would you want to go into 'their' court when it is notin compliance to

their own compact/constitution and allow them to inflict violations and acts against

you when you

are not a party to their compact/contract,constitution(s) in the first place?

I won't get into the 'political' fiasco game of their conditioning you to 'exercise' your'privilege'

to vote for their 'corporate officers' within the various levels and jurisdictions ... torule over you by

your consent to accept the liability based upon your participation per the outcomeof the campaign,

measure, etc. It appears that the 'program' of all governments wants you to believeyou are free,

certainly wants you to be a proud American or whatever they teach you to be knownby so as to

subject you to their programs, and they want you to vote to keep you conditioned to

their programs

and keep their private corporate scheme in tact! Without your consent andparticipation, their

tightly controlled program begins to exhibit problems.

We continue to receive and see information on 'FIGHTING' the system, i.e., fightingfor your

rights, fighting for the Constitution, etc. Of course, using 'their adversarial' system,their attorneys

and their private tribunals, etc. and expecting to get a fair trial, a remedy and moreimportantly..,


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justice, where in most all cases, it is to no avail! And of course, you are to understandthat if you do

go into their 'courts' to FIGHT, or ARGUE, you just gave life to their CONTROVERSEYthat was

established by the 'action' filed and you just gave the court jurisdiction! The so-called judge is there

to settle controversies and the courtroom is comprised of your adversariesincluding 'their'

attorneys. See Corpus Juris Secundum, Vol. 7, Subheading "Attorney-Client",Sections 2-4,

wherein you are deemed a ward of the State ... if you take an attorney! And so

without contract or

agreement, just how do you think the judge is going to settle this controversy? Inyour favor.., think

again!

There still exists this attitude that 'you' must 'fight' for the Constitution,' of whichagain, you are

not signatory to, nor a party to it! It's their parchment.., not yours! Why fight forsomething that's

not yours, and what they have whittled down and have reduced to an archaichistorical document

anyway. And certainly of which 'they' do not uphold, pursuant to their own Oath ofOffice and

especially not for your benefit, because you are not a signatory thereof, unless of

course you can

prove you are a direct descendant as one of the posterity thereof.

Again, since we are to be separate from certain forms of the government, abovegovernment in


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concept, not signatory to that which we did not create otherwise, not under contractor agreement,

and the so-called sovereign power is to be and always has been in the people! Then

logic dictates

again that your remedy must be found somewhere else!

And it must be stated again that 'sovereign people' cannot go to the so-called 'publicservants' to

seek relief or remedy in the first place. The system is set up to deal with theiremployees, citizen-

subjects and their corporate business partners. They cannot deal with 'sovereigns'nor can they

provide anything to them in the nature of rights or remedy, etc., other than bycontract with the

creators thereof.

Well, the remedy is really quite simple! It's always been there. It's called TORT, orrather a 'Tort

Claim.' Purely as a reference, for example, in the Oregon Revised Statutes (30.300),it states that

'tort' is the EXCLUSIVE remedy! Understand that your remedy is not filing a criminalcomplaint,


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hiring an attorney or filing a court action, or going into their private corporatetribunals.., even, or

should I say, especially as a defendant!

Tort deals with the 'moral wrongs' committed against you by 'their' miss-application of their law,

statute, rules, codes, etc .... as you are not party to their social compacts, nor are youa subject

thereof. Where's the jurisdiction of say Spain, Israel, General Motors, or Disneylandto apply their

'private' law to you by some communication to 'invite' you into their private courtfor some matter

dealing with a fine or punishment because they perceive you belong to them orsome nexus was

established before! Certainly after Conditional Acceptance is completed and theyadmit that you

are outside of their venue and jurisdiction, then doesn't logic dictate that any injury

done or even

the mis-application of their 'private statutes' constitutes the injury by which suchinjury was foisted

upon you when a party to such social compact or officer of trust, profit or honor tosuch social

compact assumes a delegation of authority by the misapplication of such internalmanagement

policies and procedures to justify any use of force in a rush to judgment. And that'sthe moral

wrong and Tort handles that, as we have already covered the matter dealing withthe fact you are

not a party thereto!


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The Tort Claim process is non-judicial (after CAFV, you have their stipulation,confession and

agreement.. . what need of you to go to their court?), no filing fees, no attorneys, nojudges! The

Tort IS NOT filed in any court! Wow! That's quite a difference than having the entirematter

controlled by the attorneys and the judges to their benefit isn't? The courts cancontrol an 'action'

that you might file to include dismissal, reduce the judgment, restrict yourwitnesses, not accept

evidence, ignore your facts and defense, overturn a jury decision and find you incontempt and

throw you in jail! And isn't this just your everyday run-of-the-mill 'Due Process' asexperienced in

the de-facto juridical 'tribunals' being merely federal units? (federal venuesincluded!)

As the majority of matters for the Tort Claim process are dealings with -government

agentslemployees wherein there has been some injury or wrong committed. In mostall cases it's

called 'misapplication of the law.' In more formal terms, and as utilized withinNotice of Tort

Claim,' it's worded in the manner of; "...and have committed constitutionalimpermissible

application of the statute", (laws, codes, etc.) because YOUR NOT A PARTY NORSIGNATORY!

Others matters dealing with corporationslcompanies who primarily dishonor acommercial


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discharge and fail to accept the 'instrument,' it's rather a 'commercial violation andinjury.' But as a

'State created corporation,' they have violated the State 'statute' dealing with'tender of payment' to

the extent to cause not only the dishonor but they may have filed a court action, andthat would be

called; malicious prosecution.., even fraud!' Still, are they not misapplying thestatute?

In general, their 'statutory' TENDER OF PAYMENT code is worded as; "An offer inwriting to

pay a particular sum of money or to deliver a written instrument or specificpersonal property is, if

not accepted, equivalent to the actual production and tender of the money,instrument or property

and the debt is discharged."

And what about the IRS??? Are you the tax-payer? Where's the statute that makesyou liable?

You heard all the issues before, you may have even asked the questions! But inDIVERSIFIED

METAL PRODUCTS V. T-BOW COMPANY TRUST, IRS AND STEVE MORGAN, Case

Number 93-405-E-EJL, the U.S. Attorney, BETTY RICHARDSON, for the Tax Division -DOJ


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stated in an answer and claim per; "4. Denies that the Internal Revenue Service is anagency of the

United States Government but admits that the United States of America (the

corporation) would be

a proper party to this action." Therefore, if the IRS is not an agency of the U.S., doyou think there

was misapplication of their private code upon someone who was not a party to theIRS? And since

the United States is the 'proper party' PRINCIPLE, guess who the Tort is filed uponfor the moral

wrong of such misapplication? Did you lose your home, bank account wiped out,thrown in

prison??? Are the lights coming on? Your remedy is tort!

The Tort Claim is supported by an AFFIDAVIT IN SUPPORT OF TORT CLAIM and an

AFFIDAVIT OF NEGATIVE AVERMENT. The Affidavit in Support contains 'positive'facts of

your matter, of the events, etc., in a chronological orderlmanner by date and event.The Affidavit of

Negative Averment is 'negative' facts of what 'they' failed to do, failed to disclose,failed to

produce, failed to answer, failed to adjust the account, failed to 'refuse and returnthe instrument

pursuant to IVygaard v. Continental Resources Incorporated, 598 NW 2d 851

(1991); 39 UCC 2d

851', etc.. You get the idea! Behind the affidavits is where you attach any pertinentexhibits (don't

go overboard!) and then attach your 'True and Correct' copy of your original UCC-1wherein you


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captured your debtor and all the property via the security interest as filed. '

The Tort Claim is usually in letter format. In some States like California, they have a

four page

pre-printed form. It is advisable that you research your state statutes to familiarizeyourself with

their 'Tort' section and understand its application, time requirements, etc. Keep inmind that the

Tort is not filed into a court for adjudication. The Tort is filed into a 'RiskManagement Office,' of

either municipal, county, state or federal venue as it is an 'administrative' procedure... only

(yours!). The 'original' is to be filed into 'Risk Management Office' at the StateCapitol and copies

under Copy Certification to the municipal or county Risk Management office andcopies under

Copy Certification to any others that need to be noticed. Always make up an extracouple of copies

just in case and certainly put them under Copy Certification.

In some cases, a Tort filed against a corporatiodcompany; the original is filed into'RISK

MANAGEMENT' office at the State Capitol, a copy under Copy Certification to theGovernor's

office, and a copy under Copy Certification to the CorporatiodCompany.

Again, check your state statutes as to time frames for them to answer. If nothing isindicated, you

may stipulate that they have say ... 30 days to answer!


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However, pursuant to international law, the other side cannot answer the TortClaim! Why?

Because your affidavits of facts state the truth and the truth cannot be controverted,and your

affidavits must be rebutted 'point by point,' and if not, then the facts stand in yourrecord as true!

And through the 'Conditional Acceptance for Proof of Claim,' process sent out first,through their

'failure and refusal' to provide proofs of claim, 'they/them/him/her' have effected

'general (and

specific) acquiescence and agreement in respect to your claim! With that, how couldthey answer?

So, you've already prevailed as to your remedy via Tort Claim per the facts and thesum certain

dollar amount of your claim! So why not exercise your 'exclusive' remedy?

For those dealing with some form of 'unlawful arrest,' the damages for such were setby

Trezevant v City Tampa, wherein the damages established were at $25,000 for 23minutes! That


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calculates up to 1.6 +/-million per day! You want to justifL your damages in somemanner, but the

other side cannot answer the Tort. You may obviously base your damages on the

'act' or 'acts'

committed to support the damages via 'their' criminal code. In a matter where achild is taken by

Children Services unlawfully.., maybe one might set damages at 25 million (+/-). Butthe dollar

amount of your tort is what ever figure you determine, but try to be reasonable.

Some statutory tort information indicates that Risk Management has 6 months toinvestigate and

settle the claim.., or deny the claim, as in the federal venue. Should Risk Managementcome back

with a letter and deny the claim, all they're saying is, "we're not going to pay you!"or "We're not

going to give you remedy!" Since the affidavits were not rebutted, the facts stand in

your record as

true and your claim process goes forward!

Once your 'Notice' Tort Claim is completed through 'Opportunity to Cure' "Affidavitof Notice

of default" and "Affidavit/Certificate of Non-Response", you can have done aNotarial Protest on

their 'dishonor'. Now you file the UCC-1 Financing Statement into the Secretary ofState's UCC

Office or department. Now you proceed to send out three 'Billing Statements' (..youowe $-,


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please pay within 30 days!), 1 Billing Statement per month for three months. It isbest to send the

statements out certified mail. After the combined 90 day time period has elapsed,your Tort Claim

in now perfected. And you hold in your hand the 'ACCOUNTS RECEIVABLE' (youhold the

financial instrurnent/value/credit money in the form of VALUABLE commercialpaper. You ready

now to covert your accounts receivable into 'money of account' that you can accessthrough,

preferably, an off-shore debit card account, or strike off 'UCC-3 Assignments" to

tender to

discharge debts as well!

But now the question still remains ... where do you go to get that done?

Again, as explained above, though we hear rumors of some people 'monetizing'

some

commercial paper, we have no solid information or documentation of suchhappening!

However, based upon the above, you now have to take the hard medicine! When onefiles

the tort 'Claim' with the State, "No individual, according to the law of the state

against which he

institutes a claim, as a citizen of that state, shall be entitled to such protection." Andyou are

deemed an 'alien'... standing out there all alone. No protection, no rights, nostanding, no nothing!


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Disagree... prove the above wrong! We have already covered the points above that innot being a

signatory and party to any 'De-facto State Social Compact,' you have nothing! Youhave already

pledged ALL you property to the State, including your children! Hell, when you paidfor that

marriage license and got married by a state licensed preacher, you made the State aparty to your

so-called matrimonial union. When you registered to vote, you became a U.S.Citizedsubject.

When you registered your vehicle(s) with the State, you surrendered 'title' of your

vehicle(s) to the

State! And then you stand there and tell people you live in a free country and haverights ... Secured

Party Creditor or otherwise! The reality is of course.., just that.., it is the hard realityon the

Plantation!

But as many in the Movement have said, in relation to your 'sovereignty,' andpursuant to the

conditions as you have witnessed and recognized and found to be true within thede-facto corporate

governments, ONE HAS TO COME OUT OF HER! One must escape Babylon! Man haslearned


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long ago that they MUST UNITE ... not stand out there all alone, left to be beat-up andkicked by

the boots of government agents, fined and jailed! You have the right to 'emerge,' to

create (by

right!), to step-up into a new 'program,' a 'New Construct', if you will, of sovereignsin and for

Self-Govemment!' instead of being governed like debtorlslaves on the Plantation. AsTheodore

Roosevelt said in 1907; "If ...men...refuse to govern themselves, then most assuredlyin the end they

will have to be governed from the outside."

So if you are willing to work towards more freedom, immunity and perfect yoursovereignty,

recognized both nationally and Internationally, then logic dictates that you have nochoice but 'to

come out of her' and become a 'equal sovereign' within the 'American Sovereigns

Association' as a

new 'Construct' for your self-government as will be recognized by nationally andinternational via

the scriptural and international order of acceptance by and for people seekingfreedom through

'going to peace' not 'going to war!' And if you do not, then you may remain a targeton the

Plantation, always at war, always fighting to stay ahead of their 'actions,' neverfree.., just a revenue

collection unit for your corporate masters and their agents!


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Did you see MATRIX 3 ? What Neo does in the last 30 to 45 minutes of the movie iswhat each

sovereign member does.., except that he does not have to fight Agent Smith! See themovie again!

But:

Get busy with you must do, suggestion:

1.

Become Secured Party Creditor

2.

Become 'sovereign' via the American Sovereign Association

3.

If you have a commercial mater (fine fee, tax or debt), or otherwise (unlawful

incarceration), use CAFV. Complete that process to allow the other side to set the

agreement!

4.

If necessary discharge the debtlliability, etc.

5.

If necessary, EXERCISE EXCLUSIVE REMDEY via Tort Claim.

IF YOU'D LIKE INFO ON THE SOVEREIGNTY PROGRAM -SEND A REQUEST LETTER

to the address below:


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To keep up to date within the FREEDOM MOVEMENT -SUBSCRIBE to:

The American's Bulletin -P.O. Box 3096 -Central Point -Oregon 97502

1 year for $40.00, in an envelope $50.00 -check or money order

made out to The American's Bulletin

or call:


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ADMINISTRATIVE PROCESS FOR

INJURY AND DAMAGES VIA NOTICE

OF TORT CLAIM

This process is not to be construed as legal advice, but 'educational information.'

In light of the Redemption program, it is now evident that the 'secured party' now

has

standing to 'ma claim' upon which relief can be granted. The 'secured party' can now

raise a claim, state a claim andlor file a claim.. .now having standing due to filinghisher

UCC-1.

Due to experience with the courts, being de-facto, it is not the place for the 'secured

party' to go, in most cases to resolve issues. In most cases, the 'secured party' has

experienced a damage or injury by an agent of government. In those cases, based oneven

a general gathering of facts, evidence, etc., the 'secured party' knows that helshe had

been damaged, but other than using the de-facto courts and their 'attorneys,'remedy and

relief (damages) werelare seldom obtained.

If the 'secured party' has the truth, the facts, and the evidence, then there may be no

need to go into court, if there could be another avenue for remedy (damages!).


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If the 'secured party,' being the 'creditor' and in some respect 'sovereign' and

therefore above government, as you were not a party to the foundational documentsthat

formed the government, and since you will not, in most likelihood, find remedy inthe

courts, then, as now understood, the remedy may lay at the administrative level and

process, by filing an appropriate administrative demand (claim) for damages, i.e., aTort

Claim.

This administrative process (demand for damages), caused the release of IRS levies

and liens of $900,000.00 +I-! (See sample documents in the back of this packet)Though

the liens and levies were released, the claim for the $$$ damages is still beingprocessed.

At this time (7-04) we no information as to those $$$ damages! But the individualwho

filed the claim, THEN HAD standing to file the claim, as he was filed into the UCC

registrv approximately a month and half prior. While others filed this same processon

their respective IRS problems, they were not 'secured parties' and they received no

remedy or relief.

Therefore, within this 'process,' it is suggested to construct and file:


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1.

For a Claim within the Federal venue -use the Standard Form 95

'CLAIM FOR DAMAGES.' NIA those boxes where appropriate. Back page

may not apply to your matter.

Note; Obviously, this form should be filed for federal venue matters, but it is ok

to file the SF-95 for State matters, if you wish or cannot find a State format or

1 -Administrative Process -CLAIM FOR DAMAGES -educational material


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form to use. Check your State web page -search 'Tort,' and/or 'Risk

Management for a State level CLAIM FORM. If form is available in your State,

utilize it. The States are mere sub-corporations of the parent 'federal' corporation

and should be noticed as to their 'agents' actions and frauds! At the State level,

filelmail certified mail to city, county, and State 'RISK MANAGEMENT

OFFICE(S).' See list of federal addresses.

2. Notice of Tort Claim.

Check your State web page -search 'Tort,' and/or 'Risk Management for a State

level CLAIM FORM. If form is available in your State, utilize it. If the Tort

Claim is in 'Letter Format,' be clear, concise, and on point, describing, who,

what, why, where and when. See sample tort notice. Structure in, where

applicable, that the government agent committed 'constitutional impermissible

application of the statute or law.' See Letter in support of Tart and S.E.A.

3. Affidavit in Support of Tort.

This should also be a clear, concise, and on point affidavit as to the facts on a

point by point and in chronicle order as to events. Include statement as to your

status as secured partvlcreditor in relation to the issue or matter. Sample form

included.

4. Affidavit of Negative Averment.

This should also be a clear, concise, and on point affidavit as to the facts of the


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'nots,' what was not evidenced, not disclosed, not answered, not received, etc!

5. Exhibits and Evidence.

Attach ONLY necessary Exhibits and evidence. Keep it simple, and as few as

possible. Suggestion, in most cases five to ten pages. In 'bigger' matters, say 25

pages, but this is only a suggestion!

6. Certified True and Correct Copy or Blue Ink Signature Copy of UCC-1.

Attach copy as a notice as to the fact that you are the 'secured party' and have the

right to file the claim upon which relief can be granted, in the administrative

venue.

Assemble the documents in the same order. Create two originals (with Blue Ink

signatures), one for you and one to mail to the Risk Management Office.

Make any necessary copies and place them under copy certification, to be sent toany

others who need to be copied as to the Claim.

Prepare the one original and any copies for certified mailing, and mail! Be sure to

place the Certified Mail number at the upper left corner of the Tort Claim (if it's in a


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Letter format -if a FORM, locate the Certified Mail Number in a logical place on the

Form.

UNDERSTAND, that at this time,



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1) You've never been in the position to raise or state the claim, in respect fordamages

that they must recognize!

2) Expect to receive a response letter back within a few weeks, whereby your Tort

Claim was received and a Claim Number was issued per your Claim.

3) In the federal venue, they have six months to investigate and settle!

4) In the State venue, some States have no 'time limitation' in which to answer, soyou

stipulate the time they have to answer, say 30 days!

5) As to some kind of outcome or response you may receive, expect your Tort Claim

to be 'Denied!' Do not let that bother you. They have to limit the 'corporations'liability!

6)

If your affidavits are not rebutted point by point, then the facts stand in your record


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as true!

7)

You proceed with your Claim and register your Tort Claim on a UCC-3!

Your alternative, should you decide to do nothing, is to return to the controlled de-

facto courts and endless time and expense dealing with adversaries and tyrants to

manipulate the matter to their benefit. However, as an example, in the OregonRevised

Statutes, it states that TORT IS THE EXCLUSIVE REMEDY!

This whole process (Redemption) has changed everything as now applied to your

status and standing to both 'accept for value' (create the credit) to discharge thefine, fee,

Tax, debt or judgment and to have standing to file the claim for damages. As well,

you

will be in a better position and control to deal with and handle other matters.

If you do not understand the Redemption process and do not understand this simple

process, do not do this proceed!

Aside from the obvious damage and injury done that is normally recognized,

other 'Damages,' might be:

A.


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A judge is tying to compel 'ineffective counsel' upon you, the SPC.

B. The agents of government may violated your right to 'Due process of Law.'

(there being many aspects of 'due process')

C. Some agent might have filed a fraudulent 'Notice of Tax Lien.'

D.

Some agenttagency may have dishonored your commercial discharge and

have not adjusted 'their' account!

E.

Some agent may have misapplied some private statute against your (and your

straw Man) i.e., maybe some commercial aspect of the drivers license issue?

F.

And there may be cases of false arrest and unlawful imprisonment!

G.

There are of course many other such examples that could be cited. Just think

about it in the nature of what they did, how in the many various ways did they

injure and damage you! Even exceeding their jurisdiction! But most

importantly, the MIS-APPLICATION of the statute which is the moral wrong

committed which is the basis for the Tort Claim!

Your agents/employees are to be accountable for their violations and injury they

may

cause and in such matters, and as they are to respond in damages, the Claim is filed

within their 'insurancehonding' department of their 'state-government-corporation.' But


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you have to notice their superiors of that and obviously, file the appropriateexclusive

remedy... Tort Claim.. .in the administrative venue.

ADDRESSES TO MAIL ADMINISTRATIVE PROCESS:

For State level (including city & county)

Example, for Oregon: Locate your "Risk Management' office most likely at your State

Capitol!

Oregon Department of Administrative Services

Risk Management Division

Atten: David L. Black

1225 Ferry Street S.E.

Salem, Oregon 973 10-1 570

To send appropriate copies to City or County, locate their 'Risk Management' or

'administrative' office and address andlor ofice that deals with tort claims.

Send copies to particular 'agent/employees' as you deem necessary to notice themof

same!


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For Federal level: (involving federal agent/employees, etc.)

Director of Tort Branch

Civil Division

U.S. Dept. of Justice

Washington, D. C. 20530

For Companies/Corporations: Send original to Risk Management at the State

Capitol and a copy under copy certification to the company or corporation.. . directlyto

it's 'Registered Agent.' You can locate that info at the Corporation commissioner's

Office of the State that the company or corporation is doing business in or where

incorporated!



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ADMINISTRATIVE CLAIM FOR DAMAGES:

CLARIFICATION OF INSTRUCTIONS;

Primary filing goes to 'Tort Claims Office' (TCO).. . (Do not mail a claim to the OMB

Office!). . . When TCO receives your claim and they review it for procedures and thatyou

are the 'Creditor,' you will receive Letter number one, "We have received your

claim.. .and we are looking at it and we will assign it a number.. .if we accept it.'

Letter number two, "Here's your Tort claim #. .....", this means that your documents,

your administrative process, or your administrative remedy has been exhausted sothat

you can file a Tort Claim (this is the Number One Criteria!)

You have to exhaust your administrative remedies! You must do "LettersRogatories,' or

do 'Petitions for Redress,' or the Private Administrative Process (PAP), do faults,

defaults and Private Judgments. YOUR REMEDIES HAVE TO BE EXHAUSTED1

Then the TCO assigns you a NUMBER. Then they take your 'Tort Claim' and makethe

necessary copies.

If your Claim involves the IRS, TCO will send a copy of your Tort Claim to the IRS


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Claims Office in D.C.

If your Claim involves Attorneys, judges, etc., TCO will send a copy to the COURT

ADMINISTRATORS OFFICE -DOJ.

District Counsel IRS in D.C. reviews your Tort Claim (if your claim is against theIRS!)

to see if you have a valid claim. If you do, they write a letter back to TCO.. ."yes there

are valid claims here, you may adjudicate them!" "Or no, there are no valid claimshere.

Return the claim and close it."

Letter Number four, fiom DOJ says something to the effect that, "We have reviewedyour

documents, and we are going to adjudicate your claim!" That's the letter you want to

get!

Be sure to ask for Tort Claim 'Injury' and Damages and PUNITIVE DAMAGES or ANY

OTHER DAMAGES THAT YOU MAY BE AWARE OF BUT WE ARE NOT.

Be sure to ask for enough money! Make sure your Damages are high enough., that

when

they come back to settle, that you will be satisfied. Think big!

IRS agents now have to have a ONE BILLION DOLLAR BOND. Liability is at


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$250,000 per IRS employee, 100,000 per agency ... just for an example!! Remember,

there are 'several' IRS offices. Also, keep every envelope that you receive fiom IRS or

from any 'adversary! '

4 -AdministrativeProcess-CLAIM FOR DAMAGES -educational material


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Be sure to use the word 'injury' first before the word 'Damages.' You claim is based

upon the INJLRY done by their agent/employee! The claim is for the DAMAGES forthe

INJURY done!! Get It? ...i.e., the Fraud is the Act, the Tort is the injury to you, and the

injury is the damages sought via the claim. Be sure to stress INJLTRY.

REMEMBER, FRAUD VITIATES ALL THINGS FROM THE BEGINNING!

Utilize Affidavits Notarized.. .and attach all exhibits to your Affidavits and yourexhibits

must be marked 'Certified True and Correct.'

Be sure you state in your Claim (in the Notice, Primary Affidavit and SF-95) that you

have exhausted your administrative remedy! Attach copy of your PAPInquiries/questions

and Private Judgment which shows that your 'opponents' have went silent and

admitted

to the crime, acts, or fraud(s)! This is very important!

Be sure to attach your UCC-1 to show that you are the Creditor!

5 -Administrative Process -CLAM FOR DAMAGES -educational material


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SAMPLE DRAFT

Certified Mail Number

IXY' 11% Mest sq.)

--'-

U.S.S.E.C. TIWACER FLAG

Name......

Address.... . ..

City, State Zip.. ......

(not a point of law -under necessity, per

%vwmentof the parties andor in

vidd@oofBill vf Rights -2nd para.)

NOTICE OF TORT CLAIM

Administrative Services

Risk Management Division

Attn:

12345 Complain St.

City, State 912345

Date


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Claimant:

Date of Occurrence/Injury:

Dear Mr.

Claimant, ,is the Secured Party of the Debtor (name

in caps) and herein submits and files this Claimfor Damages as a matter of right,arising out of

violations of DUE PROCESS OF LAW, MISAPPLICATION OF STATUTE, OBSTRUCTION

OF JUSTICE, DISHONOR OF A COMMERCIAL TRANSACTION, ETC. and/or violationsto

his person, rights and property to wit: (Add or delete those that apply -1through 18below as to

your case)

1) unlawful detention

2) false arrest, false imprisonment

3) false search and seizure

4) violation of civil rights The list if 'injuries' to the left

5) assault are only a sample! DO NOT

6) trespass leave them all in your Tort

7) battery Claim. Keep and add any that

8) kidnapping pertain to your 'case'. Check

9) coercion with Fed Criminal list in back


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10) harassment of Packet!

1 1) detriment of characterlname defamed -12) emotional, physical and mental

anguish

13) Obstruction of Justice

14) Violation of Due Process

Item #

1 -NOTICE OF TORT CLAIM -CLAIMANT: Your Name Here


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15) Breach of contract (Constitution)

16) Violations of Constitution of United States lst, 4th. 5th (Add here violations ifapplicable)

17) Violations of Constitution of State of Oregon: Article 1 Section 8, 9. 10. 1 1, etc.

18) Misapplication of Statutes/laws aka 'Constitutional Impermissible Applicationof the

Statute' being

1. On or about date at time , at Place , within the County of

,when without probable cause. Name -was violated times

mentioned above by Badge # , of Jackson County Sheriffs

Department, did aid & abet their employees establishing the custom and policy offorcing their

way over the threshold and into a private home (4thAmendment violation),

detained, placed

under physical arrest and emotional restraint, questioned, searched, assaulted witha deadly

weapon, arrested, jailed, caused stress and harm, all without probable cause, causedsaid

damages. (this italicized and bolded section is original text, remove it andincorporate your

'facts!' with your obvious appropriate paragraphs per a case-bv-case basis asapplied to the

above points 1 through 18 as they may apply to your case!) Detailing out your Tortin explaining

who, what, where, when and How.. . may expand your 'Notice of Tort Claim' to 2 to3, or 4


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pages! Be sure to number each paragraph! Be clear, concise and on point.. . do notramble!

2. Claimant herein demands the sum certain of Three Million Dollars in functionalcui-rency ( $3,

000,000) for his damages, as set out herein, as a result of the damage, injury,humiliation,

embarrassment, emotional and physical distress, expenses etc., and ConstitutionalImpermissible

Application of the Statute incurred by agent/Officer/employee/DirectorSmith.

(select one or use

appropriate 'title' of the wrong-doer)

3. (Optional paragraph) Said clairdnotice includes claims for the violation of civilrights under

the Constitution of the United States of America. Amendments I, IV, V, and VIIIpursuant to 42

USC Section 1983 and 1988, and claims for the violation of rights under the

Constitution of the

State of Oregon Article I. Section 3, 8, 9, 10, & 13: plus claims for false arrest, false

imprisonment, assault, battery, harassment, detriment of character, and etc., asmentioned above

as it operates upon the agent of government via their Oath of Office and saiddamages for said

false arrest and unlawfUl incarceration is set via Trezivant v. City of Tampa at

$25,000 for every

23 minutes or $1.6 Million per day for each day of unlawfUl incarceration. [wherenecessary -

2 -NOTICE OF TORT CLAIM- CLAIMANT: Your Name Here Item #


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i3

I

I

I

1

i


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calculate time to date of release -example; 3 days at 4.8 Million!]

Respectfully

Without Prejudice

Authorized Representative, Attorney-In-Fact

Your Name Here -Secured Party, Claimant

In behalf of YOU DEBTOR NAME HEREO, ENS

LEGIS

Attachments:

Affidavit in Support of Tort

Affidavit of Negative Averment

Exhibits

UCC-1

CC:

ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of ,A.D.

2004


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.Seal

My Commission Expires

Note: Just remember to keep the Tort Notice and Affidavit clear, concise and onpoint! Just state

the facts! Declare the truth! File the Claim!

Item #


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AFFIDAVIT

IN SUPPORT OF TORT CLAIM

State of )

) ss:

County of )

1, ,being first duly sworn, depose

and say:

1.

That I am the Secured PartylCreditor of the Debtor (name in caps)O, ENS LEGIS

(stramineus homo).

2.

That as the Secured Party, I have a priority interest in protecting the property and

property right(s) of the both the Debtor and the Secured Party.

3.

That I am the Secured Party Creditorlprinciple holding claim and priority lien and

security interest to the Debtor. (see UCC-1 attached herein)

4.

That on ,agent, employee , did


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......insert details, can insert

........continue with other Numbered paragraphs!. ..

5.

That .in hislher act(s) did cause injury and damage being,.. ..

...............to claimant.

6.

That ,in hisher act(s) did commit 'constitutional impermissible

application of the statue, law or policy' as against the Affiant.

7.

That said agent/employee stipulated and agreed to the violations, misapplicationand

the damages as stipulated via the agreement as established by ConditionalAcceptance,

served on the agentlemployee on ,2004 via Certified Mail Number

WHEREFORE, this Affidavit in Support of Tort Claim supports Claimants' Notice of

Tort Claim and damages and is True, Correct, and Certain.

Further, Affiant Sayeth not.

Without Prejudice


Your Name Here -AffiantKlaimant


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Secured PartyICreditor in behalf of

DEBTORS NAME HEREO,ENS LEGIS

ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of

,A.D. 2004

Seal:

NotaryMy Commission Expires


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AFFIDAVIT

OF NEGATIVE AVERMENT

State of

1

) ss:

County of )

1,

,being first duly sworn, depose and say:

1.

That I am the Secured PartyICreditor of the Debtor (name in caps)@, ENS LEGIS

(stramineus homo).

2.

That as the Secured Party, I have a priority interest in protecting the property and

property right(s) of the both the Debtor and the Secured Party.

3.

That I am the creditorlprinciple holding claim and priority security lien interest on

the Debtor. (see attachment- UCC-1)


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4.

That on ,agent for State of ,

has not disclosed any agreement or contract that binds the Affiant to the State of

5.

That the State of ,by and through it's Attorney General

has not disclosed the documentation -evidence that the Affiant has signed the social

compact known as the State constitution that would bind the Affiant to the State

liability and jurisdiction of the State corporation.

6.

(for commercial dishonor of a transaction) That, ,as agent

in of company/corporation has failed and refused to provide proof of

claim as requested and by his silence has established agreement with the Affiant.

7.


in of companylcorporation has failed or refused to return said instrument

within three days pursuant to Nygaard v Continental wherein the debt is discharged

by said refusal to return and therefore acceptance.

8.


in of company/corporation did not adjust the account pursuant to State

law on Tender of Payment wherein upon non-acceptance the debt is mandatorally

discharged.

9.


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That said actions by have caused damages and are real

and approximate as so enumerated on the NOTICE OF TORT CLAIM attached hereto

in and for this private matter, in respect to the damages set at the sum certain insaid

NOTICE OF TORT CLAIM.


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WHEREFOIW, this affidavit of Negative Averment supports Claimants' Notice of TortClaim

and is true, correct, and certain.

Further, Affiant sayeth not.

Without Prejudice


Your Name Here -AffiantJClaimant

Secured PartyICreditor in behalf of

DEBTORS NAME HEREO, ENS LEGIS

ACKNOWLEDGEMENT

SUBSCRIBED TO AND SWORN before me this day of ,A.D. 2004 '

Seal:

Notary

My Commission Expires

Be sure remove the bracketed ( ) comments. Understand this is a 'sample' only andyou


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must conform your Affidavit to your 'facts' of your case. Use this as a guide only!Your

Affidavit could expand out to 2 to 6 pages, depending upon the nature of yourmatter and all

The facts necessary to enumerate in your Affidavit! Be sure include a 'footer' andremove

this paragraph from your finished Affidavit! These notes apply as well to theAffidavit in

Support of Notice of Tort


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STATEMENT OF CLAIM -- - FOR TORT CLAIM

THREE ELEMENTS TO STATE A CLAIM

Itlformatio~l herein is not to be construed as legal advice but only as educationalinformation!

1. There must be a mandatory duty

2. Mandatory duty was breached

3. Breach caused injury

General 'SAMPLE' paragraph as applied to 'acts' by agents of government (at any

level):

THEREJN, Respondent(s) identified herein have and had a mandatory duty via their

Oath

of Office and pursuant to the expectation that said Respondent(s) would act andoperate

in 'Good Faith' and with 'Clean Hands' in protecting the rights of the Claimant viasaid

Oath in respect to the Bill of Rights and first 10 Amendment to the U.S. Constitutionas

itlthey operate upon the 'agent'/Respondent(s) via said Oath towards the Claimant.

Said mandatory duty of the Respondent(s) via Oath of Office via acts made and done

to and upon Claimant was breached and such matters were brought to the attentionof the


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Respondent(s) and given opportunity to bring forth 'proof of claim' that such duty,

breach, or injury was not committed against the Claimant and said Respondent(s)went

silent and or failed or refused to bring forth 'proof of claim' to the contrary andtherefore

stipulated, agreed and confessed to their breach of mandated duty which breachcaused

injury to the Claimant as stated herein and herein states claim for said injuries as

supported by stated in affidavit in support of tort claim as a matter of right under

necessity.

The above 'paragraph' is to be placed in Tort Claim (before last paragraph andbefore the

'sum certain' paragraph as well!) and in the Affidavit in Support of Tort Claim, insimilar

location!

Application to a company/corporation, the 'contract' issue comes into play as the

corporation was created by the State, exists under State control and is a co-business

partner to the State.. . and it's creatures (corp fictions) come under 'Good Faith','Clean

Hands', the UCC and Article I, Section X of the U.S. Constitution if such or any

Corporation acts a Debt Collector!


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A '81EGUnW [r b d4iG et seq.]

Certified Mail #

4.S.S.E.C. TM6ER FLAG

(not a point of latw -imder necessity, per

Damaged by Government

agreement of the parties and/or in

C/O2x4 hit palace violation of Bill of Q-ights-2nd para.)

Blatant Fraud, Florida [zipless]

Lien Claimant


MORTAGED TO THE I-IILT, LLC. WITH

Mr. I--Iit,'n Miss Getagrip ASSESSMENT FOR DAMAGES

Attention: Slave master on the Plantation SUPPORTED BY AFFIDAVIT AND

?????? South Plantation Way AFFIDAVIT OF NEGATIVE

Somewhere South, Florida [zipless] AVERMENT

Lien Debtor

January ??, 200?


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SAMPLE ONLY -NOT TO BE

RE: MORTGAGE TO THE HILT, LLC CONSTRUED AS LEGAL ADVICE..

Account Number

Language may change on

a case by case basis or

TO WHOM IT MAY CONCERN:

additions or otherwise!

TRAKB-

Herein, Claimant, Damaged by Government, Secured Party Creditor and Attorney-In-

Fact of the Debtor; DAMAGED BY GOVERVMENT herein presents this Tort Claim

with Assessment for Damages, supported by Affidavit in Support of Tort Claim and

Affidavit of Negative Averment. Said Tort Claim is presented as a matter of right,

arising out of private injuries and violations of commercial due process of law,violation

of State and Federal statute of 'Tender of Payment', See (Nygaard v. Continental),

violation of equal protection of the law, fraud on the contract, no meeting of theminds


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and dishonor, thereby causing injury to Claimant's private rights, commercial rights,

property, mental anguish, peace of mind and otherwise.

Claim Debtor; Mortgaged to the Hilt,LLC is bound to uphold and obey federal andstate

law(s) while conducting business with the general public including but not limitedto

operating in 'good faith' and 'with clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in respect to their agreements,presumption is

made that there is full disclosure made within such agreements and that suchagreements

involve 'good faith' and 'clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in its contract and subsequent dealingswith

Claimant, failed to give or make full disclosure as to the U.S. Bankruptcy and as tothe

removal of substance (gold and silver) backed or otherwise called 'constitutionalmoney'

also know as 'money of exchange' to the extent that said removal altered theconditioils

1 of 6 -Notice of Tort Claiin with Assessment for Damages Itein #date, -IMTTHSMP


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I

I

I

I

I

Certified Mail #

Damaged by Government

c/o 2x4 hit palace

Blatant Fraud, Florida [zipless]

Lien Claimant


MORTAGED TO THE HILT, LLC. WITH

Mr. Hit,'n Miss Getagrip ASSESSMENT FOR DAMAGES

Attention: Slave master on the Plantation SUPPORTED BY AFFIDAVIT AND

?????? South Plantation Way AFFIDAVIT OF NEGATIVE

Somewhere South, Florida [zipless] AVERMENT

Lien Debtor

January ??, 200?


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RE: MORTGAGE TO THE HILT, LLC

Account Number

To whom it May Concern:

Herein, Claimant, Damaged by Government, Secured Party Creditor and Attorney-In-

Fact of the Debtor; DAMAGED BY GOVERNMENT herein presents this Tort Claim

with Assessment for Damages, supported by Affidavit in Support of Tort Claim and

Affidavit of Negative Averment. Said Tort Claim is presented as a matter of right,

arising out of private injuries and violations of commercial due process of law,violation

of State and Federal statute of 'Tender of Payment', See (Nygaard v. Continental),

violation of equal protection of the law, fraud on the contract, no meeting of the

minds

and dishonor, thereby causing injury to Claimant's private rights, commercial rights,

property, mental anguish, peace of mind and otherwise.

Claim Debtor; Mortgaged to the Hilt, LLC is bound to uphold and obey federal andstate

law(s) while coilducting business with the general public including but not limitedto

operating in 'good faith' and 'with clean hands.'


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Claim Debtor; Mortgaged to the Hilt, LLC in respect to their agreements,presumption is

made that there is full disclosure made within such agreements and that suchagreements

involve 'good faith' and 'clean hands.'

Claim Debtor; Mortgaged to the Hilt, LLC in its contract and subsequent dealingswith

Claimant, failed to give or make full disclosure as to the U.S. Bankruptcy and as tothe

removal of substance (gold and silver) backed or otherwise called 'constitutionalmoney'

also know as 'money of exchange' to the extent that said removal altered theconditions

of all contracts and agreements at least within the united States of America and assuch,

1 of 6 -Notice of Tort Claim with Assessment for Damages Item #date, -1MTTHSMP


64/147

to the detriment of the Claimant by and through the contract presented by ClaimDebtor.

(See Exhibit A, 'U.S. Bankruptcy' and Exhibit B, 'Walker Todd Affidavit')

Claim Debtor; Mortgaged to the Hilt, LLC pursuant to its business and upon approvalof

the said 'agreement' transmitted the same through the U.S. Mails and across Statelines.

(interstate commerce)

Claimant, was never disclosed by Claim Debtor if Claim Debtor could or did loan so-

called MONEY or if 'it' Chase Home Finance, LLC loaned it's CREDIT and for any debt

incurred, that claimant could 'pay' with money of exchange, or discharge said debtby

tendering instrument, i.e., money of account. (See Exhibit C, Article 1, Section X ofthe

U.S. Constitution)

Take Notice of;

Claimant, became aware of certain material facts as to the said U.S. bankruptcy, the

liillitations placed upon corporations and banks in the lending of credit, that theStates

being in violation of Article 1, Section X of the U.S. Constitution as it operates uponthe

'agents' of government by and though their 'Oath of Office' to said constitution(s)and


65/147

upon the 'creations' of government; i.e., 'Corporations and banks doing bankingbusiness

and in the collection of so-called monies andlor debts, and of possible fraud on the

agreementlcontract by Claim Debtor, there being no meeting of the minds, no full

disclosure and the presun~ption that it was an unconscionable contractlagreement.

Claimant, initiated a private administrative process for determination of above and

Accepted for Honor and Value the contract and any and all presentments and agreedto

continue to make 'payments' conditioned on and predicated upon Claim Debtor byand

through it's 'agents' to provide 'Proof of Claim' and as agreed, if Claim Debtorprovided

'Proof,' Claimant would continue to make what is called payments. (See Exhibit D,

Conditional Acceptance for Value for Proof of Claim)

In an effort to bring closure to the problems Claimant has had relative to thedischarge

of MORTGAGED TO THE HILT, LLC, N.A. Acct. No , Claimant mailed a

Conditional Acceptance with a request for Proof of Claim on October 6th,2006, via

Certified mail ~uhber . Claimant merely sought disclosure as

to how any liability could be created to begin with, along with other relative points,

issues or otherwise 'Proofs of Claim,' because it was the Claimant's signature that

really funded the loan as agreed by Claim Debtor. It seems as though there wassome


66/147

confusion on the part of the Claim DebtorIBank pursuant to their inability to providethe

requested 'Proof of Claims' as presented in the above described correspondence. Itwas

presumed that they would respond within the allowed ten (10) days and that theycould

prove that there was full disclosure, a proper meeting of the minds(s) no fraud onthe

contract, that it was not an unconscionable contract and as to what was loaned, andas

to the operation or application of HJR-192 to this instant matter. And that Claim

Debtor

Agreed by their silence, that Claimant could 'discharge' any agreement-debt liabilityvia

Bill of Exchange, Opportunity to Cure, and Affidavit of Default.

2 of 6 -Notice of Tort Claim with Assessment for Damages Itern #date, -1MTTHSMP


67/147

Because Claim DebtorIBank did not respond, they were and are in full agreementwith

all the facts as they operate in favor of the Claimant and to the points made in the

request

for 'Proof of Claim' (CAFV) document and that Claimant could 'discharge' the Claim

Debtor contract-debt liability via Bill of Exchange.

On, an Affidavit of Default and Opportunity to Cure and to Contest Acceptance was

sent to MORTGAGED TO THE HILT, LLC on Whenever,??, 200?. It was sent Certified

Mail # . Once again, Claim Debtor did not and has not

responded yet in order to correctlrebut any said Default.

In efforts to be in compliance with Federal Law, Claimant did not assume the

discharge had been complete until the full 72-hour time had passed pursuant to theTruth

in end in^ Law. ~fterthis time had passed, Claimant knew that-the matter had been

resolved because of the allowances established for Claimant within the exemptioncreated

from HJR-192. Claimant allowed MORTGAGED TO THE HILT LLC to use her

Exemption Number social-but not---secure for the discharge of $MUCHDEBT. It ishere

noted that MORTGAGED TO THE HILT LLC, N.A. did not refuse or return the Bill of

Exchange (within three (3) days)) for the discharge of said amount, thus by suchignoring

of the truth in lending time allowance of 72 hours, but instead . . . they did infactaccept


68/147

the Bill of Exchange -the financial instrument as full satisfaction and accord in

discharge of the implied debtlobligation. Section 3-603 of the Uniform Commercial

Code says: "If tender of payment of an obligation to pay an instrument is made to a

person entitled to enforce the instrument and the tender is refused, there isdischarge, to

the extent of the amount of the tender...[" Therefore, when the mortgage company

refused to accept the Bill of Exchange, which was a tendered offer, the debt wasforgiven

to the amount of the offer."]

Even though any supposed liability for the amount of $MUCHDEBT had been

discharged with Claimant's Bill of Exchangelexemption, MORTGAGED TO THE HILT

LLC, further confused themselves and the issues at hand by refusing to post thedischarge

to the Claimant's account, which would have resulted in the situation being takencare of

in fdl satisfactionlthe account balance then being zero. (0)

MORTGAGED TO THE HILT, LLC, by their silence, failed to state a claim upon

which relief could be granted (12(b)(6). Pursuant to the fact that Claimant did nothave

access to 'Money of Exchange' (gold or silver) to pay debts at law (Article 1, Section

10

-US Constitution), the Claimant relied upon the remedy provided by Congress to

discharge the supposed liability, pursuant to HJR-192 via the Bill of Exchange


69/147

(instrument), upon agreement by Claim Debtor.

Furthermore, MORTGAGED TO THE HILT, LLC has continued to dishonor

Claimant by refusing to provide full disclosure as to what has happened to the

original

Bill of Exchange. On Anydate, 200?, Claimant requested the original 'Blue Ink

Signature' to be returned within 20 days from receipt of the letter of request. Todate, the

financial instrument has not been returned to Claimant. To date, MORTGAGED TO

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TIIE HILT. LLC has refused to adjust the account, consequently, Claimant had

demanded that MORTGAGED TO THE HILT, LLC:

1.

Produce a certified color copy of the 'loan agreement' unaltered, and bearing the

bona fide signature of the claimant.

2.

Produce the evidence that MORTGAGED TO THE HILT, LLC has given full

disclosure that 'they' by their Agreement to loan money . . . they gave or loaned

the lawful consideration for Claimant's loan.

3.

Produce the license for MORTGAGED TO THE HILT, LLC to do business

within the state of California and South Carolina.

4.

Produce evidence that pursuant to the loan agreement, that MORTGAGED TO

THE MILT, LLC loaned money via the loan agreement or otherwise put

something to risk via the contract with the Claimant.

5.

Produce evidence that pursuant to the loan agreement, that Claimant provided

anything of value that was used to give value to any instrument to be applied to

the loan agreement.

6.

Produce the evidence that MORTGAGED TO THE HILT, LLC accepted


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anything of value from the Claimant that was used to give value to any instrument

to be applied to the loan agreement and that Claimant was not the 'lender' per the

agreement and transaction.

7.

Produce the evidence that the Claimant did not fund the loan agreement and was

not to be repaid the so-called inoney that funded that loan agreement.

8.

Produce the evidence that all material facts were fully disclosed in the loan

agreement including full disclosure of the existence of HJR-192 as it affected

contracts.

9.

Produce certified evidence that MORTGAGED TO THE HILT, LLC utilized

'General Accepted Accounting Principlcs' (GAAP).

10. Produce certified copies of the GAAP accounting per this account, showing all of

the bookkeeping entries regarding the loan agreement.

Because none of the above particulars were acknowledgedlresponded to, nor wasany

disclosure made, pursuant to the above requested particulars from Claim Debtor,

MORTGAGED TO THE HILT, Claimant gave Notice of the fact that she was not

disclosed as to the terms of the loan agreement nor were the terms of the loanagreement

explained in any way, nor given notice of alleged loan dispute, breach of agreement,

fraud in the factum, conspiracy to defraud by MORTGAGED TO THE HILT, LLC and

the Claim Debtor failed to give full disclosure of any of the above facts and therefore


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violated the 'clean hands doctrine' and violated the rights, and those mentioned in

paragraph one (I), title and interest in behalf of the Claimant and equal protection ofthe

law including but not limited to HJR-192.

This Tort Clainl must be responded to, and the attached Affidavits must be rebutted

within thirty days (30) by MORTGAGED TO THE HILT, LLC, otherwise all facts stand

in the record as true as the Claim Debtor had a mandatory duty to give fulldisclosure as

to all aspects of the transaction(s) and upon receiving the 'instrument' failed toadjust the

account to '0' and Claim Debtor failed, refused and breeched that duty, violated the

agreement with the Claimant and therein caused injury to the Claimant.

THEREIN, Respondent(s)iClaim Debtor identified herein have and had a mandatory

duty via the expectation that said Respondent(s) would act and operate in 'GoodFaith'

and with 'Clean Hands' in respect to the transaction/contract and in respect to allfacts.

These acts and agreements made and done to and upon Claimant were breachedand such

matters were brought to the attention of the Respondent(s), whereupon

Respondent(s)

were given several opportunities to bring forth 'proof of claim' that such duty,breach, or

injury was not committed against the Claimant. Said Respondent(s) went silent andfailed


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or refused to bring forth 'proof of claim' to the contrary and therefore stipulated,agreed

and confessed to their breach of their mandated duty; which breach caused injury tothe

Claimant as stated herein. Herein, Claimant thus states claim for said injuries as

supported by the stated facts that are presented in the Affidavit in Support of TortClaim

as a matter of right, under necessity.

Pursuant to this Claim, supported by affidavit(s) and relative to the stipulated

matters

by general acquiescence and agreement of the RespondentiClaim Debtor, theparticulars

of the various above-mentioned fraudulent deceptions and abuses to Claimant madeby

MORTGAGED TO THE HILT, LLC, and its agents have initiated untold private injuries

and violations of commercial due process of law, violation of State and Federal

'Tender

of Payment' statutes, see ('~y~aard

v. Continental'). There was also violation of equal

protection of the law, fraud on the contract, no meeting of the minds and dishonor of

tendered instrument, financial and commercial stress and mental anguish thereby

causing

injury to Claimant's private and personal rights, commercial rights, property, peaceof

mind and otherwise of Claimant. These injuries have damaged Claimant's rights,state of


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mind, well being, and have caused substantial and financial injuries.

ii

ii

//

//

ii

ii

//

li

ii

ii

ii

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Wherefore Claimant herein claims Monetary Damages as real and appropriate

as so enumerated herein at a sum certain of One Hundred Fifty Million Dollars

($150,000,000.00) in 'American Gold Coin -"Dollars in specie" (money of exchange)or

"Dollars in Currency" or "Money of Account" (Credit).

11

//

//

//

Dated this day of -,ZOO?.

/s/--___--

Damaged by Government, Claimant? Secured

Party Creditor, Authorized Representative,

Attorney in Fact in behalf of

SUSAN M. PINYANO

ACKNOWLEDGEMENT

STATE OF SOUTH CAROLINA)


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) Scilicet

County of Berkley county 1

SUBSCRIBED TO AND SWORN before me this day of ,2006,

a Notary, that Damaged by Government, personally appeared and lcnown to me tobe the

inan whose name subscribed to the within instrument and acknowledged to be thesame.

,Seal;

ztary~ublicin and for said State

My Colnmission expires; -

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For Federal verue,.

HOW TO FILE A PROPER

TORT ClAlM AND 6ET IT ACCEPTED

This article appeared in the 2001 MarchIApril issue of The American's Bulletin to

further edu-

cate our readers on the Administrative venue 'Tort Claim' for Damages (ACD). Thisarticle is

now not current as what we now understand, but included for your edification ... butsee

the 8 page letter entitled; "TO WHOM THESE PRESENTS SHALL COME!"

By Lois Clark

It is our procedure, which determines the quality of rights.

............If we fail on our procedure, then our claim fails.

T

T

his is really a thrill for me to be able to write this for all of you because; my story willbe

a familiar spirit. Have you ever suffered fiom injustice.. .kept excellent records, write


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down every bad thing they have done against you?

Has the court ruled against you and you LOST? So did we! But what did we dowrong, or is

that court just prejudice against us? Well, that is what we thought for years. Wesubmitted every-

thing correctly, put our documents into the court properly by Declaration and yetthe judge said,

"I can't see them." I can't see them, why can't you see them Judge, are you blind?

It has only taken 6 years for us to get to the bottom of what we thought was a judgewho was

being ignorant however, he was right and we were wrong, and that is very hard toaccept, but

maybe our experience will be a good lesson for you as it was for us.

First.. .if you want to get a document before the courts, DO NOT USE ADECLARATION.

Declarations are for attorneys only as officers of the court. Always use an Affidavitwith a No-

tary confirming your signature, attach your exhibits you want the court or anygovernment

agency to 'see' to the Affidavit, and walla, they can now see your exhibits. Always

certify your

exhibits with your blue ink signature that they are true, correct complete and notmisleading. The

American's Bulletin has the correct stamp available so that you do it correctly. It isthe Notary as


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an officer of the court who carries your documents through to the proper party.They are a No-

tary Public, get it.

Have you kept good records, do you have files galore, have you prepared your fraudcharges

against the party who committed these frauds? Have you found absolutely no courtin the land

that you feel comfortable taking your grievances to? You say your all dressed up forthe ball, and

no where to go? Know how you feel because we have been there.

I was chatting with a good friend, telling him of my "no ball" to go to, and he saidafter a big

pause, why don't you file a tort claim? I said, actually I hadn't given it a thought, and...I do not

know how. He said, I'll send you some literature. That good friend was Bob Kelly,

Publisher of

The American's Bulletin. The next day I received my package fiom Bob and afterchecking

through it, and thinking to myself, I can do that, so I went to work filling out afederal tort claims

form for injury and damages which seemed to be a claim for insurance which didnot look right,

but 1'11 give it a whirl, I have no other place to go.

1 -How to File a Tort (ACD)


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Using some of the Redemption Program, my constant studying of law and theadministrative

procedures, it only took me 2 % months to put it all together and pull the exhibits. It

was well

worth the 16 hours a day at the word processor.

The masterpiece of my life had been completed from my 25 years of record keeping,my Let-

ter Rogatories with Interrogatories, and the hundreds of letters I had written, thethousands of

hours of listening to tapes, traveling all over the united states attending seminars for13 years,

reading law books until I though my eyeballs would drop from my head.. .hopingthat all of this

would pay off in these tort claims.

We live on a very limited budget, (because IRS is unlawfblly taking the SocialSecurity re-

tirement of the "ens-legis" (look it up in your law dictionary). 1 frequent the thriftstores, and be-

lieve me; you can find jewels there not only in goods, but check out the law books! Ifound

"emanuels Tort Claim book' loaded with information (use it to keep from makingmistakes), and

some student law books that have been invaluable to me for 15 cents each.

The following Information should be of help to you in filing your tort claimsproperly to the


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correct department whether it be state or federal.

If your procedure is incorrect, you will loose every time no matter how golden your

'evi-

dence' and how great your fraud charges are, you and your documents can 'get thegate' if you

fail on your procedures..and that's a fact.

Here are some good suggestions in filing your tort claims.

1. If your tort claim is against a state employee or agency your tort claim should befiled with

Risk Management. If you have any doubt, pick up the phone and call you're A.G.'soffice of

your state and ask them. They all have web cites too and you can print off the tortclaim proce-

dures.

2. If your tort claim is against a federal employee, a federal agency, including theInternal

Revenuehnternal Revenue Service or what ever they call themselves, (they are not apart of the

United States,), IRS or their agents can not claim sovereign immunity because courtcases have

proven they are not a part of the U.S., file your claim with the Tort Claims Branch ofthe United

States Department of Justice, Washington D.C. using the Form 95.

3. Include your UCC-1 registration and the UCC-11 Certification in your package asproof t


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that YOU ARE THE SECURED PARTY CREDITOR.

4. Be absolutely sure you have completed all of your administrative procedures, youknow,

the three letters (1 asking them the questions, (2 Notice of Default/Cure, and (3Default.

5. If you have not done your administrative procedures process, stop. Do not file atort claim.

You have failed to state a claim upon which relief can be granted and YOU WILLLOOSE. Are

those familiar words, I have had them rammed down my throat a time or two!

6. Where do you go.. .call the Americans Bulletin for a package on how to do this? Itwon't

take a lot of time, but it is needfill to be successful in your claims. Once you havecompleted

your administrative process, now they have failed to state a claim upon which reliefcan be

granted...You hold the claim or "title" to the "thing", you are the 'head7 (finally), theyare the

'tail', and you win. Keep in mind, the guy who asks the questions is always the head,the guy

who answers the questions is the tail. Watch a TV court room drama with thewitness in the 'hot

seat' answering the questions and the confident attorney asking the questions. Gotthe picture?

7. Now that you are the 'head7 and the government agents are the 'tail' and they

have failed

to answer your golden questions that you have wanted them to answer for yearsand they just

keep ignoring your letters, you are ready to file your tort claims.

8. Do get "emanuals law outlines, casebook edition on TORTS" ($19.95 AT THE LAW


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SCHOOLBOOK STORE OR CALL AROUND) SO THAT YOU DO NOT FILE TORT

CLAIMS ON ISSUES THAT do not pertain to you AND THIS CAN HAPPEN. Your claimwill

get rejected so don't frustrate the tort claims office and get them mad at you, not agood way to

win friends and influence people.

9. Be sure you sign all of your paper work in blue ink.

10. Be sure you CERTIFY by a blue ink stamp signature all of your exhibits that theyare

true correct copies of originals.

2 -How to File a Tort (ACD)


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11. Put your pertinent information and statements under a "Notice." Don't theyalways

"Notice" you, you bet they do especially the IRS. That is a very important word.

Always put the

person you are writing to administratively, on "Notice" every single time. Start outwith "Notice"

at the center top of your page just before you ask your questions.

12. If you are "private" then you must state the proper jurisdiction you are bringingthis

"public" person under i.e. Original-Jurisdiction 1787, 1971 Amended, the

Constitution for the

United States of America, not their February 23, 1871 Constitution of the UnitedStates (Wash-

ington D.C. and their 10 square miles). Back issues of the American's Bulletinwritten by Jack

Smith address the Original Jurisdiction issue.

13. If your UCC-1 is registered with the Secretary of State and you are now the

Secured

Party Creditor, you are private and you control the 'straw man', sign all documentsas the "Se-

cured Party Creditor" and when applicable, Holder-In-Due-Course. Remember.. .firstin time and

first in line and you now have standing, you have the 'claim' ('title'), to the "thing'.

14. Secured Party Creditor must hereafter appear below your signature line on

every single

paper in your Administrative Procedures or on all commercial process. It took us alla very long

time to get here, even though some on the public side think we're nuts. They whocall us 'nuts'


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are usually Attorneys and be kind to them, they are officers of the court and mustsay and act as

though we are fruitcakes or they might loose their license to 'practice'. We havebeen 'practiced

on' a time or two and we don't want to go there anymore.

15. DO I FILE MY TORT CLAIMS IN FEDERAL OR STATE COURT? If you talk to an

attorney you would think so, but that is not true. The tort claims branch/office hasbeen a very

well kept secret, but no more. You have a better chance out of court, because you donot need an

attorney to file your tort claims using this method.

16. The husband and the wife should file their tort claims separately, each obtaininga Tort

Claim Number.

17. Also critical is.. .BE SURE YOU ASK FOR ENOUGH MONEY. Don't be shy. What if

they settle 10 cents on the dollar.. .its too late to change your dollar amount oncethey have adju-

dicated your claims? The government deals in many zero's so you mimick them.Remember

money is created out of nothing by a stroke of a computer key and it costs them 2.4cents to print

the FRN's.

I have had others tell me including attorneys, tort claims don't work. That is becausethey

failed to exhaust their administrative remedies before they filed their claims andbefore their cli-

ents were Secured Party Creditors. The tort claims office is an administrative office.


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To review briefly, your administrative remedies must have been exhausted. Youmust be in

agreement with your party(s). When they fail to answer your questions they are inagreement

with you, they have stipulated to the questions you have asked and answered forthem, and if

they fail to respond to you, there is no longer a contract and you hold the "Claim".

The administrative procedures can be obtained through the Americans Bulletin andtheir ad-

vertisers. (1) If you write the proper letters and (2) ask the proper questions"inquiries", and (3)

give them the proper answers to those questions anticipating they are not going toanswer ...(4)

Default them if they fail to respond and in the default give them 3 days to respondand cure their

default (5) and if they fail to respond to the defaultlcure you are now ready to (6)Default

Tort Claim Proccess

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Transcript of Tort Claim Proccess