Time: Tue Nov 05 20:48:22 1996
To: libertylaw@www.ultimate.org
From: Paul Andrew Mitchell [address in tool bar]
Subject: bank levies without warrant
Cc:
Bcc:
Tarheel,
You are missing the point here.
When there is a contract dispute,
what is the first thing an
aggrieved party must do, by law:
put the contract on the table,
yes? This is what we are demanding
that the bank do. It is not our
burden to produce the contract,
once we make a lawful demand for
production of said contract.
See U.S. v. O'Dell for proof:
the proper procedure for levying
a bank account is to serve a
Warrant of Distraint upon the
bank (and other things). Now,
how does one get to a Warrant of
Distraint (read "Court Order")
without due process of law?
I am begging this question,
obviously. Last but not least,
the standard in U.S. v. Brady
would not sustain a waiver that
is knowing, intelligent, and voluntary,
using your description below. Waivers
of fundamental Rights will never be
presumed. I didn't see the term
"waiver" in your language below.
Did I miss it?
/s/ Paul Mitchell
>>Ralph,
>>
>>This is not our burden to carry.
>>If the bank wants to claim that
>>these victims waived their fundamental
>>Right to due process of law, then
>>let the bank produce evidence of the
>>waiver, in some contract. We have
>>shifted the burden back to the bank,
>>since the matter concerns a fundamental
>>Right. See 18 U.S.C. 242. Waivers of
>>fundamental Rights will never be
>>presumed.
>>
>>/s/ Paul Mitchell
>>
>>From Tarheel:
>
>Paul, and all those of you who still have bank accounts
>have to look no further than you signature card to find
>the waiver. It specifically says above your signature
>that you have read, agree with and understand the
>Bank Contract which is made a part by reference.
>I have read the said Bank Contract. It grants from
>you to the Bank the authority to pay any money in
>the "accounts" to anyone, or any entity it deems
>proper. In fact it specifies that the "funds" belong
>to the bank the instant you deposit them.
>
>Naturally, Tarheel has no bank accounts.
>
>In Him,
>Tarheel
>
>>
>>
>>At 10:44 AM 11/5/96 -0800, you wrote:
>>>=======================================================================
>>>LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
>>>Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry Rushing
>>>=======================================================================
>>><snip>
>>>Better read the "Deed of Trust and Rents" on the real property that you
>>>signed. Also in this document is a Power of Sale. The bank can and will
>>>sell you "real estate and interest" [equitable interest that you have]
>>>whenever they so desire without NOTICE to you [the nom de guerre]. Better
>>>look up the word "beneficiary" and then the word "cestui qui trust".
>>>There is quite a lengthy explaination in American Jurisprudence on this
>>>subject. Cestui qui trust is referenced to "beneficiary".
>>>
>>>the best
>>>
>>>Ralph Kermit, Winterrowd
>>>citizen of the United States nunc pro tunc
>>>Citizen of the State of Kansas (equal footing with the original States)
>>>domiciled in the Territory of Alaska
>>>Born of natural born parents of the Posterity
>>>Sovereign State in Fact
>>>
>>>If ye love wealth better than liberty, the tranquility of servitude better
>>>than the animating contest of freedom, go home from us in peace. We ask not
>>>your counsels or arms. Crouch down and lick the hands which feed you. May
>>>your chains set lightly upon you, and may posterity forget ye were our
>>>countrymen.
>>> Samuel Adams
>>>
>>>Is life so dear or peace so sweet as to be purchased at the price of chains
>>>and slavery? Forbid it, Almighty God! I know not what course others may
>>>take, but as for me, give me liberty, or give me death.
>>> Patrick Henry: Speech in the Virginia Convention, March 23,1775
>>>
>>>My Homepage is: http://www.alaska.net/~winter/jefferson.html
>>>
>>>
>>>
>>
>>====================================================================
>>[Text is usually formatted in Courier 11 non-proportional spacing @]
>>[65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.]
>>Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com
>>ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
>>We can decode all your byte streams, spaghetti code notwithstanding.
>>Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
>>====================================================================
>>
>>
>>
>
>
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