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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