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Administrative Remedy

I have no original thoughts all my information comes from others and from my personal experiences using it.
In this show we are going to discuss administrative remedy which is sending in documentation to get
agreements handled without argument. First we have to have an idea of what are the rules we are working
under or in other words the Law that applies to our ‘commerce’ or ‘business’. Where did ‘commerce’ come
from? People have been doing ‘commerce’ or ‘business’ since time began. The 10 commandments are
basically rules or ‘law’ that apply to the ‘tribe’ or ‘community’ for efficient transaction in business, so
everyone knows the ‘rules’. If you go to your California assemblyperson’s office and get a copy of the
California Constitution of 1879 book1, which they give you, free of charge, there is a history of the ‘law’ that
applies to you presented inside the book. It starts off with a complete transcription of the Magna Carta of
1215 a.d., and moves on to the Mayflower Compact of 1620, the Declaration of Rights of 1774, the
Declaration of Independence of 1776, the Articles of Confederation of 1878, the United States Constitution of
1787, the Treaty of Guadalupe Hidalgo, and finally the Constitution of the State of California of 1879 (the
first California Constitution was signed in 1849). So we see that the Law is handed down from the 1215
Magna Carta2 where Common Law originated. Under Common Law everyone has a right to seek punishment
against someone who has damaged them and no legislated laws apply because there is only one law- ‘Do not
do unto others, that which you would not like done unto you’, its simple. The rules of doing ‘business’ are
that you have to have all the elements of a lawful contract to be valid.

What are the elements of a lawful contract? One: There has to be a ‘meeting of the minds’, or ‘full
disclosure’, because it is assumed that no one would want to be deceived in a deceitful way by being tricked
into signing an agreement that didn’t purport to give him the results he was bargaining for. An exemple
would be if Pete is watching Jim wash his brand new Toyota and Jim tells Pete he needs money and will sell
him ‘his’ Toyota for $5000. They go in his house and Pete gives Jim $5000 and Jim hands Pete the keys and
Title to his 1982 Toyota instead. The agreement is techniquely correct but is a deception as Pete intended to
buy the new Toyota and not the old one. The deception makes it an ‘unconsionable’ contract. The next
element necessary for a lawful contract is ‘valuable consideration’ has to be exchanged. An example of this
is Pete hands Jim $5000 dollars, which is valuable assests in exchange for the new Toyota which is ‘valuable
assets’. A promise to pay is a valuable asset. If you don’t believe me consider everytime you give someone a
check3 from your bank that is a promise to pay and not payment and no businessman ever returns the check as
not being acceptable ‘consideration’. The third element of lawful contract is there has to be two wet-ink
signatures on the contract. This is the evidence of ‘offer and acceptance’ and makes the parties liable to be
sued. If you don’t sign the contract can you be sued? The case becomes very weak for the party suing. In a
verbal contract both sides agree verbally, but once one party signs for it to be equal, both partys have to sign.
The signature is the ‘evidence’ of full commercial liability.

Lets discuss another element of doing business, the element of Honor and Dishonor. In Honor and Dishonor
which is as old as time, there are Maxims of Law that apply to commerce. A maxim is a truth that holds true
100% of the Time. If you are accused of something, it is your job to refute it or agree with it. If you fail to
speak you agree with the accusation. In Honor and Dishonor, the party sends you something that is
accusatory such as a lawsuit, claiming you have injured him or breeched a contract, and you become in
Dishonor is you don’t respond. To stay in Honor you have to respond. Lets give an example of this. The
Credit Card company sends you a ‘Statement’ and requests you pay the ‘Statement’ because it alleges you
have a debt of $1200. If you agree with this, you are happy with the contract, and you send in the payment to
set-off the minimum amount due. Everything is in harmony. But if you disagree with the ‘presentment’ or
‘offer’ which is what the ‘statement’ is in fact, you can remain in honor by responding with an ‘offer’ or
1
Show a copy of the Calfornia Constitutions Book
2
Show picture of original Magna Carta
3
Picture of a check
‘presentment’ of your own. Lets say you send in a declaration that you believe you owe $1050 and not $1200
and would like them to validate their statement that you owe $1200. This is like a game of tennis, they hit
one to you and you hit one back, now the ball is in their court. They become in Dishonor if they do not
respond to your letter. The concept of failure to speak equals lose is simple and we see it in court everyday as
evidenced by the Failure to Appear equals you lose. Once you have ‘failed to appear’ or failed to rebut the
accusation, you lose the right to rebut the accusation in the future because you have dishonored the court and
the accusation. Judgement is final. Unless you can show an element of fraud was involved in the process and
then the fraud would overturn every action that occurs after the fraud. So the Credit Card company will send
you another statement showing all the purchases you have made, hoping you will accept them as proof of
your indebtedness to them and you will continue to pay them.
This is the administrative remedy we are showing, it is the process of doing business and the making and
documenting evidence to substantiate your position to get justice. Now, lets look at a few Maxims of Law.
One “
an unrebutted affidavit stands as truth”, in this one it simply is stating that a partys sworn testimony if it goes
unobjected to is judged to be the truth. If you state your next door neighbors car is yours and have an
affidavit drawn up with that stated upon it, will that make it so? No. Why? Because the neighbor can ignore
your rantings because you are not in contract with him, there is no agreements between you, so he does not
have to recognize you. The Credit Card Company, the IRS, the Court system, the Mortgage Company, etc all
have agreements or contracts with you and as such are bound by law to have to respond to your rantings, but a
private individual with no agreements with you does not. We have to go back to our childhood and remember
the rules of engagement. When one kid says “you’re a dummyhead”, that is the offer, and the correct
response is, “I know you are, but what am I”, see, there is the acceptance and return offer. Like tennis, the
ball is back in their court, and failure to respond makes it true. Another Maxim of Law is that “he who leaves
the field of battle first, loses” and we get that when we are kids. Another Maxim of Law is the “truth is
sovereign in commerce”, and what does sovereign mean? Sovereign means King or Highest Power, so Truth
is the highest power and is superior to lies and deceit. If someone is deceitful in a contract and you are honest
and give full disclosure, you have the right to be triumphant in court. So its all about Honor and Dishonor,
offer and acceptance, making your wishes known on paper, while being clear and expressed. The common
law was our truth when this country was founded and the right to contract is clearly spelled out in Article 1,
section 10 under powers forbidden to the states “….pass any Law…impairing the Obligation of
Contracts….”4. So it is defined that we have a RIGHT to contract and the government can not impair that
right. Then again in this supreme court case it states:

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private
business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and
papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life
and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the
organization of the State, and can only be taken from him by due process of law, and in accordance with the
Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his
property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as
he does not trespass upon their rights." Hale v. Henkel, 201 U.S. 43 at 47 (1905).

The next interesting aspect of contracts comes in the form of Roman Civil Law which is administered through
the Admiralty, Maritime jurisdictions and is accepted everywhere as adopted in the Uniform Commercial
Code the UCC. Under Roman Civil Law there are some major differences with Common Law in that it
PRESUMES many contracts exist in the form a TRUST. Lets talk a little bit about Trusts. In a Trust there
have to be 3 entities names. A Trust only comes into existence with the ‘intention’ of the Grantor, Creator,
Settlor. The entity creating the Trust is the Creator, or Grantor or Settlor, notice the ‘OR’ at the end. They
are the one with the consideration or ‘valuable assets’. The next necessary player is the ‘TRUSTEE’, the

4
Show the section of Article 1, section 10 of the U.S. constitition
trustee is the one accepting the position of making sure the Trust is executed or carried out. The next
necessay player is the ‘BENEFICIARY’. The beneficiary receives the ‘gift’ of valuable assets from the
Settlor. Lets see how this would play out in real life. Grandpa is dying and he decides to create a Trust to
give his assets to his children and great-grandchildren. He draws up a Trust agreement, which is nothing
more than him producing evidence, in written word, or could be verbal but that would be very weak, of his
‘INTENTION’ to place his property and possessions into a Trust and have the Bank president be a TRUSTEE
to carry out his wishes and then he would say that upon his death, within 90 calendar days the Trust should be
executed and that ‘X’ amount would go to Son number 1, ‘X’ amount to Son number 2 and so…. He has
named the Settlor, or Creator as being John Doe and named the Trustee as being Bank Manager, and named
the Beneficiarys as being Son #1, #2, etc., and named the terms of the Trust. Now he has to get the Bank
Manager to sign the trust agreement to get compliance of the Manager as to his fiduciary responsibility and if
he was smart he would give copies of the Trust to a couple or all of the intended Beneficiarys. The intended
Beneficiarys would then have a right to sue the Trustee for failure to honor the trust agreement. Under
Roman Civil Law, in a Trust the beneficiary doesn’t have to know whats going on and the government likes
this deceitful aspect of a trust agreement. Why? Because in a trust, if you receive a benefit you are deemed
in agreement to the terms of the trust, even though the terms were never made clear to you and you never
agreed to them.
An example of this would be a Marriage license where the State presumes you agreed to give over control of
the product of your union to them and that is why Child Protective Services can take your children, denying
you your Constitutional rights to due process, which means under due process of the 5th amendment you can’t
have your property taken without a court case first. Instead of taking you to court and THEN taking your
children, they take them first, because you are presumed to have a trust agreement with the STATE wherein
you have given up your Constitutional rights as you have not Claimed them in writing. So Roman Civil Law
where you agreed to become a 14th amendment Citizen ‘Subject to the United States’ by lack of objecting to
it, now makes you obey all the legislated laws that apply to the Citizens of the corporation USA, inc.
So we can see where if one doesn’t object then one agrees. This is a powerful process and can work both
ways. Up till now, the government and Corporations have been using this process against me, because I did
not know there was any way to prevent their offers to take my property, etc.
Now we will discuss ways of countering this process, using the same process against them, and doing it in
such a way that it will stand up in court. All documents you will send will be sent by Proof of Service5 and
registered6 or certified mail to get evidence. Most times you will submit an affidavit and a self-executing
contract and then the ball is in their court and if they fail to respond they loose. Documentation is everything,
it is your proof that something was presented, that there was no rebuttal or there was rebuttal. Go to the Post
Office and get 20 Green Certified Mail Stickers and 10 Registered Mail Stickers, go to Costco and get a big
box of envelopes and a box of 8 &1/2 by 11 Manila folders. You will need to make copies and have a
computer and a printer. Costco has cheap printer scanners or better yet get a used HP lazer copier. Each time
you make a document up, you will have to make copies for your records as you will send the original wet-ink
signed documents to the court or to the opposition party(s). You will have to get a friend who is ‘not a party
to the case’ to fill in all the information on the ‘proof of service’ and name the documents and put them into
the Mail. The ‘friend’ can then be called as a ‘witness’ to testify to providing the ‘proof of service’. Sending
documents mailed by a disinterested third party and sent Certified Mail is a powerful tool to provide proof.
You can go online to: usps.com/shipping/trackandconfirm.htm , to get a print out showing exactly when the
documents were delivered.
So now lets give examples of the kind of things you can do to get administrative remedy. First,
administrative remedy is different from Court judged remedy. You are going to settle your differences by
getting some kind of agreement through letter writing. Lets use a traffic ticket as an example. First I get a
ticket for not coming to a complete stop at a stop sign. The policeman hands me the ticket, I sign the ticket

5
show proof of service blank and example filled out
6
Show registered mail sticker and Certified Mail (green) sticker
with the wording “Without Prejudice By: John Doe U/D”7. Now under the UCC, I have reserved all my
common law rights and have not voluntarily entered into a contract to perform the ‘I promise to appear in
court’. If I don’t appear I can’t be charged with a Failure to Appear which is really a failure to rebut the
accusation, or in other words I am guilty by failing to speak. The judge can still ‘order’ me to appear to
answer the charges, but if he fails to do that he techniquely has no case against me. Now in real life, the court
is a pirate operation and if I don’t show up they believe they still have the right to bill me eventhough I did
not agree to appear but I have lawful excuse for not showing up. Next under the UCC within 3 days or 72
hours I can recind any contract I volunteered into, so I am going to send the copy back to the court with the
words ‘refused for cause’ written across diagonally on the ticket and then make a copy of this for my records.
I will also include an affidavit stating that:
In the common law and for the record, know all men by these presents:
I, John Doe, Sui Juris, one of the people of [your state], being duly sworn do depose and say :

1. I believe I have a right to travel in my personal car, with guests as long as I am not engaged in commerce or
being paid, upon the public right of way and I don’t believe any evidence to the contrary exists.

2. The Constitution of the Republic of California states:


CALIFORNIA CONSTITUTION ARTICLE 6 JUDICIAL SEC. 1. The judicial power of this State is
vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.

3. I believe “A “court of record” is a judicial tribunal having attributes and exercising functions independently
of the person of the magistrate designated generally to hold it, and preceding according to the course of
common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v Jones 188 Mo. App.
220, 175 S.W. 227,229: Ex parte Gladhill, 8 Metc. , Mass. , 171, per Shaw, C.J. See, also, Ledwith v.
Rosalsky, 244 N.Y. 406,155 N.E. 688, 689 - Blacks 4th pg426 and no evidence to the contrary exists.

4. I believe I have a right to a claim of operating under common law and I don’t believe any evidence to the
contrary exists.

5. I believe under common law, unless I have injured a flesh and blood party I have no liability to any party
and no evidence to the contrary exists.

6. I believe I have not injured any party in the matter of traffic ticket #1283872 and none exists.

7. I believe I have the right to claim sovereignty as evidenced by the Supreme Court Case "...at the
Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but
they are sovereigns without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA
(US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472., and no evidence to the contrary exists.

Futhermore I say not: Without Prejudice,


By: __________________

Then have it notarized, which is what makes it an Affidavit, in other words a declaration of your experience
or knowledge that has been sworn to and evidenced by the Notary Public and is now in the Public Record.
If you didn’t notarize it, it would still be sworn testimony but the Notary is an agent of the Secretary of States
office and an official agent of the State. When the Notary writes in their journal that becomes recorded
evidence, like if you went to the county recorders office and recorded a Deed, to put it in the Public record.
Now lets discuss the Conditional Acceptance declaration. The other side has sent you a demand, request, or
order, and we think of this as an new ‘offer’ to contract from someone we are already in contract with. So it

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Show an example of the Without prejudice By: John Doe U/D signature
would be a dishonor to ignore it and we would suffer the consequences of failure to speak, it would be a
dishonor to argue about it, but it would be honorable to obey it and it would be honorable to accept it upon
certain conditions or do a conditional acceptance. Lets continue with the Traffic ticket example, in addition
to the affidavit we will send a Conditional acceptance that would say, “I, John Doe, Sui Juris accept your
presentment, ticket # SK22234 upon proof of claim that I am liable for this alleged action”. Sui Juris is a
level of Status, by the way, it declares you are over the age of majority or 18 years, and of sound mind and
can handle your own affairs as a freeman or woman. I will require the District Attorneys office, and or the
Wonderland Superior Court to demonstrate the factual basis in law for any liability on my part, to perform as
the recipient of the noted ticket. Your failure to rebut my Affidavit of John Doe, dated January 15th, 2010 and
this Conditional acceptance, point for point with the factual, lawful evidence of liability within 21 calendar
days from the time of receipt of this Notice will be tacit agreement and silent aquiesence to the truth
contained in said documents and result in the court and district atty abandoning any claim in this matter, and
result in an estoppel against the court and district atty from proceeding in any action against John Doe, or
JOHN DOE in this matter. Then sign it Without prejudice, By: John Doe /Authorized Representative and put
a 3cent stamp in the upper righthand corner and sign your name through it and date it.
Signing you name through the stamp cancels it and makes you the postmaster general. The UPU is an
international treaty that the United States is a signatory to and results in the ‘contract’ coming into
international jurisdiction and proves you the signer are a flesh and blood person as corporations can’t sign
signatures. Now get a proof of service and send this and the Affidavit off to the D.A. and a copy to the Court
certified mail and wait the 21+ days and then print off a copy of Track and Confirm from the USPS website.
Now if they haven’t responded fully and completely as per your requirements you can send in a “NOTICE OF
DEFAULT and NOTICE OF ESTOPPEL”. Once you have sent off the default and estoppel they lawfully
and legally can not proceed against you as they have “agreed” to your contract. If you look up
TicketSlayer.com on the web you will find a common law approach very similar that defeats traffic tickets.
Now when you go to court you show the judge the default and proof of mailings and he has no legal choice
but to dismiss, however my experience is the courts do not follow the law and I can provide many incidences
where they violate the written laws and do it knowingly.

This process of Conditional acceptance and affidavit can be used for Mortgage foreclosure, Credit card issues,
suits against you of any kind. The concept is simple, he who fails to defend agrees. You would be surprised
that the liability of making statements in writing and signed under full commercial liability, is repulsive to
public officials, Bankers, etc.
Next lets talk about getting your documents into the public record for all to see. Believe it or not the
government is afraid of you and your ability to get your evidence into the record and so has instructed the
County recorder for instance to not record any Affidavits of Status or Sovereignty or Deeds where you state
you are the sole owner of your property even if you have paid that property off entirely. I have had the Court
refuse to enter documents that are properly formatted into the record by stamping them and stamping my copy
because they act as guardians of evidence8. There is a way around the county recorder that refuses your
documents and it would be to send them off to texas to www.nationalrepublicregistry.com/ as those guys will
turn your documents into a pdf file and put it online for all to see and file stamp the documents and return
your originals to you and you can order ‘certified copies’ if needed. Next, your court clerk who refuses to
record your documents can sometimes be overcome by writing ‘File on Demand’ on the top of the court
filings. They have an obligation to file stamp them, and they are denied the right to make any legal
determination of the validity of the filings, as are the country recorders office. The next thing to do is to have
at least one witness, who doesn’t speak, witness this interchange with the clerk and having a voice recorder in
your pocket is very helpful to transcribe the interchange latter. You will ask the clerk to put it in writing that
they have the authority to refuse putting your evidence into the record and to sign it, and date it. If they
refuse, ask to have a copy of the Bond they are operating under. The County Recorder, the Head Clerk of the
Court, the Judges, etc are all bonded. This is a public hazard Bond whose sole purpose is to protect the public

8
Biffle recorder paperwork
against unlawful actions on the part of the public servant. The Public Servant is required to show evidence of
their bond and if they have violated the terms of their job description their bond can be awarded to cover
damages to the public, that’s you for failure to perform their duties. If they lose their bonding, they are
unemployable by the State, or County and get fired as all employees have to be bonded. This is the big stick
you can use against them to make sure they comply with doing their duty. If you don’t use documentation,
you will have no evidence, and you will not get satisfaction. Do not talk to anyone in the opposing side by
telephone. They opposition can have a 2nd ‘witness’ listening to the conversation and often times you will say
things without thinking them out. This is a great tool to get you into contract or agreement without your
voluntary agreement. If they call simply say “I don’t conduct any business on the phone, but I will respond to
anything you send me in writing, with a wet-ink signature upon it” and hang up. When you get a letter you
can craft a thorough response to it. The County supervisors are the employers of all county employees so
sending them evidence of the Recorders or Court Clerks violations and a letter demanding their policy that
shows where the Recorder is authorized to deny your evidence being recorded. You can send a Conditional
Acceptance/Affidavit to the County supervisors naming each individually in their personal capacity and see
what kind of response you get as they are unlikely to want to be sued or liened for their employees unlawful
actions. As you can see these administrative remedies can be achieved by typing and sending ‘Notices’ and
don’t require personal appearances but even still they are time consuming. Consider that if each inhabitant of
the City send in 1 letter that required a response or would have consequences for the City they would be
overwhelmed and could not function and would have to ceed the fact that the people don’t want the kind of
actions the government is taking. The majority of inhabitants, notice I am not calling them Citizens of the
United States, or Residents because those terms define ‘subjects’ rather than sovereigns. The Public Servants
act like Private Masters when they deny you the fulfillment of your wishes with no proof that they have the
authority to do that and without signing their name to their denial. It’s like the 60’s all over again, Question
Authority. When you go to work can a customer request you help them? Yes. What if you refuse? Can they
request you get the manager? Yes. If you refuse to get the manager, you as the employee have just made a
management decicision that can get you fired if the manager wont support your position. If the manager does
support your decision, you have assumed the position of the manager or ‘owner’ of the business. As manager
you are responsible for your actions. The customer can sue you for any injury they sustain because of your
actions and sue the manager and the owner all under the respondeat superior rule. That rule says the owner is
responsible for the actions of their subordinates. So are the County supervisors responsible for the county
employees? YES. The correct response as employee is “I’ll get the manager”, or, “I’ll get the owner”
because it is their decision and responsibility. When the Clerk of the Court or the Clerk at the Recorders
office denys you your wishes without getting their superior, they are taking responsibilityj which is not theirs
to take because their superior the named County Recorder or the named Clerk of the Court is the responsible
one. They are making a ‘legal determination’ which is against the law, they are damaging you under your
Declaration of Independence rights to “life, liberty and the pursuit of happiness”, “all men are created equal”
and since we are all equal by what authority can they claim you are injuring another by filing your paperwork
unless it can be proved it is fraudulent, such as a notarized Deed of Trust where a signature is a known
forgery. By their act they are asserting that they are more equal than you in status. Since they are in their
Public Servant position and not their private sovereign capacity they are lesser in status. This discussion of
using paperwork to get agreement through Conditional Acceptance and Affidavit is a powerful tool to use.
To make it more powerful one needs to get a Notary involved. The Notary who is agent of the Secretary of
State and as such an agent of the Court, who is holding a higher position than the Attorney General in the
STATE government. To get the Notary involved, you have to send the opposition your conditional acceptance
and affidavit it refers to giving them a time frame and specific form to respond in (notarized affidavit, sent
certified mail within ‘X’ days). Now when the opposition has defaulted, they owe you a debt as agreed upon
(by their failure to plead or ‘deny’ your statements in your affidavit and CA letter) an agent of the state
(NOTARY) can send they a ‘bill of exchange’ under authorized Notary Duties in every State. You would go
to the Notary with copies of all the paperwork you have sent and a new affidavit swearing the paperwork was
sent off and you have not received a rebuttal, and request the Notary send off a ‘Bill of Exchange’ (BOE)
along with the supporting paperwork by the Notary so they can witness the lack of response or rebuttal to the
documents by the opposition and then the Notary can issue you a ‘certificate of dishonor’ which can then be
entered as a default judgement equal to a Judges entry of default judgement. The definition in Blacks Law 4th
of Bill of Exchange is:
“a written order from A. to B. directing B. to pay C. a certain sum of money therein named. ….”

So although you techniquely couldn’t order the defaulted party to pay you, you could order them to pay a 3rd
party, such as one of your relatives or a Trust like the ‘Bennet Family Trust’ or the ‘Good Life Trust’, which
your family controls. This satisfies the requirement of the Notary to perform the service (serving a BOE), not
that any Notary is going to be aware of this procedure as it is an old procedure used in Banking. The BOE is
like a check, a check where you order a second party the Bank to pay a third party money from your account.
The Notary would do the proof of service swearing they put the paperwork into an envelope an mailed it off
Certified or Registered Mail, and demands any response to mailed to them and to be best they should have a
p.o. Box or mail center box that is completely under their control, so if it went to court they could testify that
no one could have taken the mail (like if it went to their business or home) but them. Once the time has
expired for the opposition to respond by paying your named 3rd party, the Notary can issue you a ‘Certificate
of Dishonor’ and have them make a couple of copies and Certify that it is a true copy of the original. In
Piombinos Notary Book he shows on page 179 under ‘attested copy’ that unless you can get a certified copy
from a government agency (like a deed or marriage license or birth certificate) the notary can make a certified
copy.

If you have to go to court and present this as evidence it has to be admissible as public documents under the
Federal Rules of Civil Proceedure and the maker or Notary doesn’t have to testify.
If you have a phone call or email with someone, document it by sending a letter confirming what was said and
by who and send it off to the caller. Later in court, documentation like this is golden as it supports your
diligence to keeping good records and being truthful.