Returning presentments
the following is how i return presentments i receive at this time. See next page I would send the Notice of Mistake, the Affidavit of Truth, and the paper you received after making a photo copy of it for your records.
If using 2 witnesses to your oath instead of a notary i use the following:
The below signed adults did witness the sworn oath of John Doe (name of affiant) on (date oath taken) 2014 A.D. on the land known as Sacramento county.
Witnessed by: ______Witnessed by: ______
“But if he will not hear [thee, then] take with thee one or two more, that in the mouth of two or three witnesses every word may be established.” Matthew 18:16 [King James Bible]
Notes regarding the Notice of Mistake that follows.
The part in red you have to change to your situation at the moment. Where it says
Notice to Appear... you have to find some way of identifying the name of the document sent to you, include any signature or lack thereof, any date or lack thereof, any identifying numbers that would help to id that document. Where it say "and the Affidavit -Abatement..." you would add the Affidavit of Negative Averment 2014 document that you will get notarized.
Where it says: posted it to : Jane Doe (alleged IRS Agent), C/O IRS, 550 Main Street, Cincinnati, Ohio [no zip code] you would mail it to the party (man or woman) who sent it to you if there is one or to look up the CEO of the company or any head of an Agency, on the internet and use that man or woman's name and return it to them C/O the registered agent for service of process that is found at your secretary of states web site (or call their office and require they provide it) . I try to find the street address of the party instead of any Post Office Box because PO boxes have to have a zip as they never have the actual street address of the main post office or branch post office on them and there is no requirement to use a zip code on First Class mail (a standard letter or "registered" mail is also first class. Special services like delivery confirmation and Certified with or without a green card do require a zip code on them. i have a $6 stamp that says: D.M.M. 602 1.3(e) NO ZIP CODE REQUIRED, 18 USC 1702 FELONY-OBSTRUCT DELIVERY and i stamp every letter i send without a zip code to let the mailman know.
There you have returned the documents and disputed you are the party they are addressed to, and that they have any authority to make their claim. You also have a proof of service to prove they were sent by future testimony of the party claiming to have sent them. Keep the original signed, or notarized documents and make copies to return to the sender, NEVER send the originals. The copies should be initialed in blue ink and dated stating on them that they are a true copy of the original. On the affidavit you can find out the FEIN tax number the local court uses or the State or the County (Parrish) uses to prove its a "business" and not a branch of the Government (legislative, judicial, executive) for a branch of government is not a "business". I do not use Court decisions or Constitutional or statutory arguments because that would indicate i am subject to them and they are authoritative, unless I claim I am not but Agents are thru their oath contract.
"Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." United States vs. Tweel, 550 F.2d 297 (5th cir. 04/08/1977).
AQUIESCENCE: Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while latches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence implies active assent. In re Wilbur’s Estate, 334 Pa. 45, 5 A.2nd 325,331.”Acquiescence” relates to inaction during performance of an act while “laches” relates to delay after act is done. Bay Newfoundland Co. v Wilson & Co., 24Del.Ch.30, 4 A.2d 668,671, 673. “acquiescence is a species of estoppel.” Bankers’ Trust Co. v. Rood, 211 Iowa, 289,233 N.W.794, 802, 73 A.L.R. 1421 [BlksLaw4thEd.,’68,pg.40]
Notice of Mistake
The enclosed documents and materials were inadvertently received and opened by mistake. These enclosed documents which appear to be - “NOTICE TO APPEAR - # 95009 KP (ticket) dated April 15th, 2013)- are not understandable, acknowledgeable or recognizable under the penalty of false personation and/or false post location, and must be returned and not retained as the presentment is not for me. The enclosed herein contains the aforementioned and misdirected documents, as there is not enough knowledge or information disclosed to form a responsive answer, said documents and materials are being returned forthwith.
______
Proof of service
I, am over the age of 21 years and not a party to the above matter, competent to testify, and swear under penalty of perjury I put the this Notice of Mistake document [and the Affidavit of Ttuth of John Doe, notarized on ______] into an envelope and posted it to : Jane Doe (alleged IRS Agent), C/O IRS, 550 Main Street, Cincinnati, Ohio [no zip code]
Dated ______2014, A.D.
All Rights and Remedies Retained,
By:______
From: John Doe, non-resident, non-domestic, C/O
P.O. Box 4XX4, main post office (Santa Rita),
730 2nd, street, Santa Rita, California (no zip code)
To: Each alleged government agent (hereafter "Agent").
Affidavit of truth of John Doe-
Requirement to abate or show cause
I, John Doe, hereafter "I", "me" or "my", a living man, one of the people on California (1849) soil, competent to testify, over the age of 21 years, having first-hand knowledge, do aver the following declarations true and correct, under the penalty of perjury, as God is my witness and declare that I have seen no material facts to the contrary that exist:
1. For I claim that I deny that the UNITED STATES, the INTERNAL REVENUE SERVICE, the STATE OF CALIFORNIA, the COUNTY OF SACRAMENTO, or any other appellation identifying the Federal, State or County Governments (hereafter "Governments") are real and exist; and that said Government(s) can be or are a "real party in interest" regarding any matter that concerns me.
2. For I claim that I deny that JOHN HENRY DOE or any derivation in all capital letters of that name, exists, that said entity is a "real party in interest", and/or has any liabilities to any Agent, but that said entity is a fictional entity, and is a "franchisee" created by one or more of the above named Government Agent(s).
3. For I claim that I have free-will and retain all my rights as a Common-Law-free-man, and have no liability to any man unless I deprive that man/woman of their rights or injure them in some way.
4. For I claim that it is a Maxim of Law that: Consensus facit legem. Consent makes the law. A contract is a law between the parties, which can acquire force only by consent."-Bouviers 1856 law dictionary (Maxims of law).
5. For I claim I have no valid, lawful contracts with any Government, as fictional entities cannot contract.
6. For I require each and every Agent of said Governments to "Cease and Desist" sending me presentments for any fictional entity/ "franchisee" without proof of claim they are an Agent (by providing their oath-of-office), they have a delegation of authority to act (provide a copy their superior elected "officer" signed), they have Constitutional authority to act (and provide it), and Agent has not unlawfully converted my name and post location from what is noted above on this affidavit to anything different.
7. For I claim that my notarized "Claim of Right" was publicly recorded in the California Court system on March 16th, 2012 as evidenced by the file stamp upon the copy attached as "offer of proof"-1, giving Notice to all Agents of my undisputed status and that the affidavit of service to the named parties on the back side is true and correct.
8. For I claim that I require each and every Agent of the above named Governments abate any claimed matter regarding me, or show cause by controverting the above numbered declarations, with material facts and testimony, sworn to under penalty of perjury within 30 days or I will file a "Notice of fraud and intent to commit fraud" on said Agents part and their claim shall be null and void by nil dicit, acquiescence and latches.
Definitions: "real" means a thing living or non-living thing that can be perceived by the senses, i.e. can be seen, heard, touched, smelled and tasted."interest" means having a known right that has been deprived regarding a relationship with another man/woman. "contract" means an expressed agreement, voluntarily entered into between 2 or more living souls to exchange something of value (consideration). The contract also has to be understood by both parties (meeting of the minds-full disclosure), and must have a mutuality of obligation to perform certain physical acts (fictions cannot physically act)."franchisee" means a fictional entity created and brought into being by a fictional Government by an Agent.
Govern yourselves accordingly,All rights and remedies reserved and retained,
Dated ______By: ______
State of California S/S
County of Sacramento
Subscribed and sworn to (or affirmed) before me on this _____ day of May, 2014,by John Doe, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature Notary Public Seal