Consumer Law Rules, Statutes, Ordinances, and Codes

US V. Holzer Case, 816 Federal 2nd 304-307

"Public official is fiduciary towards public and so is judge and if they conceal information they've committed fraud"

"In Regards To Bowlins" 135 NW Rep 164, 1912, Supreme Court of Wisconsin

"Every Tax Payer is a Cestui Que Trust" An individual is not a taxpayer, the CQV trust is. An individual is the beneficiary to the CQV trust.

Georgia Dept V. District

"Public officials are trustees and servants of the people"

Wisconsin, Supreme Court, State X Real, Nagel V. Sullivan

"Public office or trust is an agency for the benefit of people to be administered under legislative control for people"

Article 1 Secion 10 Clause 1

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

UCC 1-308 "Performance or Acceptance Under Reservation of Rights"

A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest," or the like are sufficient. Or Without Recourse.

UCC 3-104 "Negotiable Instrument"

"negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order

• Is payable to the bearer or order at the time it is issued or comes into possession of the holder (person)

• payable on demand or at a definite time

• No other info stated by bearer or holder to do any other act other than payment, but may contain the power to give, maintain, or protect collateral to secure payment -authorization for the holder to confess order of the court (judgment), to realize on (accomplish on) or dispose of collateral -or a waiver of the benefit from laws to assist an obligor/bearer

UCC 3-311 "Accord and Satisfaction by Use of Instrument

If a person against whom a claim is asserted proves that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, the amount of the claim was unliquidated or subject to a bona fide dispute, and the claimant obtained payment of the instrument

• the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

IF A TENDER FOR PAYMENT OR NOTE CONFIRMING IT IS PROVED BY THE PERSON SENDING IT THAT IT WAS SENT OR THAT THE PAYMENT WAS TENDERED TO THE CLAIMANT BUT WITH FULL SATISFACTION OF THAT CLAIM, THEN THE CLAIM IS DISCHARGED.

a claim is not discharged under subsection if

(1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.

(2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.

BUT NOT IF THE NOTE WAS NOT RECEIVED BY THAT ORGANIZATION AND PROVED NOT TO BE ESPECIALLY WHEN COMMUNICATION WAS SENT TO THE PERSON REGARDING INFORMATION ON HOW TO SATISFY THE CLAIM AND INFORMATION ON DISPUTED DEBTS AND THE INSTRUMENT THAT IS TENDER TO THE DEBT. ALSO,

UCC 3-419 "Instruments Signed For Accomodation"

If an instrument is issued for value given for the benefit of a party to the instrument ("accommodated party") and another party to the instrument ("accommodation party") signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party "for accommodation."

YOU BECOME THE ACCOMMODATING PARTY OF THE INSTRUMENT WHEN YOU SIGN IT EVEN IF IT ISN'T DIRECTED TOWARDS YOU OR YOU ARE NOT TE DIRECT BENEFICIARY.

An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d), is obliged to pay the instrument in the capacity in which (no matter who, or what role/position they partake) the accommodation party signs.

INDORSER IS A PERSON THAT SIGNS THE INSTRUMENT TO NEGOTIATE IT, RESTRICT PAYMENT OF IT, OR INCUR LIABILITY OF IT.

UCC 3-603 "Tender of Payment"

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 is discharge (CANCELLATION OF A CONTRACT), to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

IF THE FORM OF PAYMENT IS REFUSED, THE CONTRACT TO FULFILL THE DEBT IS DISCHARGED TO THE FULL AMOUNT OF THE PAYMENT AND THE INDORSER OR ACCOMMODATING PARTY HAS THE RIGHT OF RECOURSE OR THE RIGHT TO ENFORCE THE OBLIGOR TO ACCEPT THAT THE DEBT IS DISCHARGED BECAUSE RIGHT OF RECOURSE IS TO ENFORCE ANOTHER PARTY TO ACCEPT THE INITIAL PARTY'S LEGAL LIABILITIES AND RESPONSIBILITIES IN A CONTRACT EVEN IF THEY HAVENT MET THE SPECIFIC ACTIONS DEMANDED BY THE OBLIGOR. RECOURSE IS TO ENFORCE ONES RIGHTS.

UCC 3-604 "Discharge or Cancellation by Renunciation"

A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument (i) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge, or (ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed record.

If a company has sold off the certificate of indebtness (the contract that obliges you to pay a debt to them) as a security to its issuer of securities, then the obligation of the instrument is discharged due to surrender of the instrument to a party. A conditional acceptance "accepted for value letter"

12 USC 1431 "Powers and Duties of Banks and Borrowers of Treausry"

(a) Borrowing money; issuing bonds and debentures; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director (Federal Housing Finance Agency), to borrow and give security(property) therefor and to pay interest thereon, to issue debentures (unsecured loan certificates), bonds, or other obligations upon such terms and conditions as the Director may approve (b) Issuance of consolidated Federal Home Loan Bank debentures; restrictions The Office of Finance, as agent for the Banks, may issue consolidated Federal Home Loan Bank debentures (Unsecure loan certificates) which shall be the joint and several obligations of all Federal Home Loan Banks organized, in order to provide funds for any such bank or banks, and such debentures shall be issued upon such terms and conditions as such Office may prescribe. No such debentures shall be issued at any time if any of the assets of any Federal Home Loan Bank are pledged to secure any debts or subject to any lien, and neither the Office of Finance nor any Federal Home Loan Bank shall have power to pledge any of the assets of any Federal Home Loan Bank, or voluntarily to permit any lien to attach to the same while any of such debentures so issued are outstanding.

NO BANK can attach a Lien or issue the collection of a DEBT with assets of the bank pledged to do so as for reasoning of the collection of a debt or a lien. NOR can any of these banks HAVE THE POWER to pledge any assets of the Federal Home Loan Bank which is where all home loans are issued.

(c) Issuance of Federal Home Loan Bank bonds At any time that no debentures are outstanding under this chapter, or in order to refund all outstanding consolidated debentures issued under this section, the Office of Finance, as agent for the Banks, may issue consolidated Federal Home Loan Bank bonds which shall be the joint and several obligations of all the Federal Home Loan Banks, and shall be secured and be issued upon such terms and conditions as such Office may prescribe. (d) Additional or substituted collateral on adjustment of equities The Director shall have full power to require any Federal Home Loan Bank to deposit additional collateral or to make substitut

15 USC 1602 Definitions & Rules of Construction

"Consumer" party whom credit is offered or extended is a natural person "Creditor" person who extends consumer credit and is the person whom the debt is payable from the consumer credit transaction WE ARE THE CREDITOR SINCE WE EXTEND CREDIT WITH OUR SIGNATURE/AUTOGRAPH, AND WITHOUT IT THERE IS NO MONEY Open-ended Credit Plan IS "There is no limit on any account that has or 'contemplates' repeated transactions" Credit Card "IS Any card, or plate, for obtaining money property labor, or services" All things are consumer Credit transactions The original Social Security card says "Account Number" because it's the original open-ended credit plan

15 USC 1611 "Criminal Liability for Willful and Knowing Violation"

Whoever willfully and knowingly (1) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, shall be fined not more than $5,000 or imprisoned not more than one year, or both.

IF YOU ARE DENIED CREDIT, OR A PORTION OF YOUR UNLIMITED CREDIT SINCE YOU ARE THE CREDITOR AND CONSUMER THAT GENERATES CREDIT THROUGH YOUR AUTOGRAPH/SIGNATURE, THEY FAILED TO DISCLOSE WHY AND IT IS IN VIOLATION OF THIS UNITED STATES CODE. THE TRANSACTION IS NOT A CREDIT TRANSACTION BECAUSE YOU GENERATE UNLIMITED CREDIT WITH YOUR SIGNATURE AND YOU WANT ME TO ACCESS A PORTION OF WHAT YOURS, SO IT IS ONLY A CONSUMER TRANSACTION, NOT A CONSUMER CREDIT TRANSACTION.

15 USC 1692g Section B "Validation of Debts"

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

We are the creditor and any so-called debt collector has to cease any form of debt collection if they cannot provide:

1. Valid proof of original creditor address and information

2. Certificate of indebtedness

3. Proof of lawful contract where a debt collector provided credit to the consumer and has judgment (court decision) against said consumer This is all requested by the consumer via paper mail in writing, and the debt collector has to cease since we generated the credit with our own signature.

They have to provide validation or actual accounting (transaction) of debt. 7

15 USC 1692j Section A "Furnishing Deceptive Forms"

It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

Illegal to make a consumer to believe that a debt is owed especially if the debt isn't from the creditor in the first place. Companies and Banks are not creditors and it is illegal for them to lend out any of their own assets in the first place.

15 USC 1693o-1 "Remittance Transfers"

a) 1)IN GENERAL Each remittance transfer provider shall make disclosures as required under this section and in accordance with rules prescribed by the Bureau. 2)DISCLOSURES Subject to rules prescribed by the Bureau, a remittance transfer provider shall provide, in writing and in a form that the sender may keep... A)[At the time that one is requested by sender and prior to sender making payment], a disclosure describing i)[The amount of currency in its proper value of currency that will be received by designated recipient] (indenture trustee) ii)[The amount of transfer and all other fees charged by the remittance transfer provider] B)I)[sender having receipt having all things in (A) II)[Promised delivery date] III)[name and/or telephone number or address of designated recipient (Indenture Trustee) IIII)A STATEMENT containing

• info about the rights of the sender

• contact info of the remittance transfer provider

• THE STATE agency that regulates the rules the remittance transfer provider and the Bureau of consumer financial protection 3)A REMITTANCE TRANSFER PROVIDER

• Shall provide initial notice and receipt, an ERROR AND RESOLUTION STATEMENT that clearly and conspicuously describes the information required to be disclosed therein

• Currency deemed to be accurate

• along with all other information

31 USC 3123 "Payment of Obligations and Interest on the Public Debt

The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued below The Secretary of the Treasury shall pay interest due or accrued on the public debt. ALL MONEY BORROWED BY THE UNITED STATES GOVERNMENT FROM OTHER ENTITIES IS PAYABLE BY THE SECRETARY OF TREASURY IN THEIR MANNER OR FORM, SO THE PUBLIC/CITIZENS ARE NOT RESPONSIBLE FOR THE DEBTS OF THE COUNTRY.

31 USC 5103 "Legal Tender"

United States coins and currency (including Federal reserve notes(Present Currency/Paper Money) and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.

31 USC 5118 Gold Clauses and Consent To Sue

"gold clause" means a provision in or related to an obligation alleging to give the obligee a right to require payment in—

• gold;

• a particular United States coin or currency; or

• United States money measured in gold or a particular United States coin or currency.

The United States government withdraws its consent given to anyone to assert against the government, its agencies, or its officers, employees, or agents, a claim -

• on a gold clause public debt obligation or interest (extra money) on the obligation

• arising out of surrender, requisition, seizure, or acquisition of United States coins or currency gold, or silver involving the effect or validity of a change in the metallic content of the dollar or in a regulation about the value of money. (Changed rules about money or coins and its compisition)

THE UNITED STATES PERMITS NO CONSENT TO ANY ORGANIZATION AND ANYBODY ASSOCIATED WITH THEM THAT CLAIM THAT THEY HAVE THE "RIGHT TO REQUIRE PAYMENT" IN "GOLD," "UNITED STATES COINS, OR CURRENCY" OR UNITED STATES MONEY MEASURED IN GOLD OR A PARTICULAR UNITED STATES "COIN" OR "CURRENCY".

HJR-192

Every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in any amount of money the United States measured thereby, is declared to be against public policy, and no such obligation shall be contained minor made with respect to any obligation hereafter incurred. Every application, heretofore or hereafter incurred, whether or not such provisions is contained therein or made with respect thereto, shall be discharged upon payment for payment, dollar for dollar, in any such coin or currency which at the time of payment is legal tender for public and private debts.

As used in this resolution, the term ' Obligation' means an obligation (including every obligation of and to the United States, excepting currency) payable in money of the United States; and the term 'coin or currency' means coin or currency of the United States, including federal reserve notes and circulating notes of Federal reserve Bank and national banking associations.

ALSO SUPERSEEDED PUBLIC LAW REPLACING IT WITH PUBLIC POLICY. ELIMINATED OUR ABILITY TO PAY DEBTS, ALLOWING ONLY FOR THEIR DISCHARGE. WHEN WE USE ANY COMMERCIAL PAPER (CHECKS, DRAFTS, WARRANTS FEDERAL RESERVE NOTES) AND ACCEPT IT AS MONEY, WE SIMPLY PASS THE UNPAID DEBT ATTACHED TO THE PAPER ON TO OTHERS, BY WAY OF OUR PURCHASES AND TRANSACTIONS. THIS UNPAID DEBT, UNDER PUBLIC POLICY, NOW Crries a public liability for its collection. in other words, all debt is now public debt.

31 CFR 328.6 "Requirments for Endorsment"

On coupons. Unmatured coupons attached to restrictively endorsed securities should be canceled by imprinting the prescribed endorsement in such manner that a substantial portion of the endorsement will appear on each such coupon. If any such coupons are missing, deduction of their face amount will be made in cases of redemption, and in cases of exchange, remittance equal to the face amount of the missing coupons must accompany the securities. All matured coupons, including coupons which will mature on or before the date of redemption or exchange (except as otherwise specifically provided in an announcement of an exchange offering), should be detached from securities upon which restrictive endorsements are to be imprinted.

42 USC 408 "Penalties"

Whoever in this chapter causes an increase of money to be paid or causing payment with there is no authorization

• discloses, uses, or compels the disclosure of the Social Security number of any person in violation of the laws of the United States

• guilty of a felony... Find under title 18 or imprisoned for not more than five years

• physician or healthcare provider fined and/or imprisoned for not more than 10 years under title 18

POSTAL/POSTING/MAILBOX RULE

The mailbox rule (also called the posting rule), which is the default rule under contract law for determining the time at which an offer is accepted, states that an offer is considered accepted at the time that the acceptance is communicated (whether by mail e-mail, etc). Parties can alter their contract to not use the mailbox rule to and determine between themselves at what time an offer will be considered accepted