The FBI contacted a woman who had written a check on a closed account. The FBI was sent to interview the woman because her bank that had the closed checking account called the FBI to go and ask the woman what her intent was in writing checks on the closed account. The woman was not home when the FBI got there. They left a notice for her to contact them. She sent them a letter (or fax) containing the following. There was a presumption by her bank that she was doing something wrong. The visit by the FBI was an implied "charge" against her. The visit by the FBI was actually an implied "show cause" hearing as to why she should not be formerly brought up on express charges of some crime involving the closed account checks she had written. She could not make a statement in the letter or appearance to the merits of the implied charge of an impropriety concerning the closed account checks or else it would be testimony and she would be the "debtor" or looser in the matter. She could not avoid contacting the FBI after they left the message. That would be a dishonor which would exhaust the FBI's attempt to ministerialy exhaust their remedies. She would be in dishonor, and that would give witness to the presumption being true and factual. She elected to ask questions in the letter that became the response to rebut any presumption that she was in any dishonor or impropriety concerning her actions with the closed account checks. She said:
I accept all facts in your statement that I have written checks on a closed account. I accept that the account in question with the bank is closed. [This is an "acceptance" of the implied offer of the FBI visit- i.e., that there is a need to show cause as to what she has been doing. An acceptance at common law is the beginning of a CONFESSION AND AVOIDANCE plea. In equity, the CONFESSION AND AVOIDANCE plea is equivalent to an "ACCEPTANCE FOR VALUE". This plea does not create a controversy. The plea is a fiction of law that grants jurisdiction to the court by admitting the well pled facts in the pleading so that the court can assist you in the matter of resolving the issue. An acceptance gives the party accepting the matter the authority to handle the account for settlement and closure. Now the accepting party adds one or more new facts to the charging pleading which overcomes the presumption of the charge by avoidance of the charging conclusion of law.]
I conditionally accept for value and return for value the presumption I have a duty to show cause for my actions with the bank upon proof of claim that it is not public policy of the UNITED STATES under HJRI92 to not pay debts at law but instead to exchange consideration upon a dollar for dollar basis to discharge a liability.
- I conditionally accept for value and return for value the presumption I have a duty to show cause for my actions with the bank upon proof of claim that without money of account (as established under Article One, Section 10, clause one, of the Constitution of the United States of America) in circulation that the only commercial consideration that exists is each and every person's exemption by way of a prepaid account operated by the United States Secretary of Treasury.
- I conditionally accept for value and return for value the presumption I have a duty to show cause for my actions with the bank upon proof of claim that a person does not have the capacity and standing to authorize the use of his personal exemption to discharge liabilities with the approval of the Secretary of the Treasury.
- I conditionally accept for value and return for value the presumption I have a duty to show cause for my actions with the bank upon proof of claim that you have direct knowledge that the Secretary of the Treasury or my bank has/have issued a Certificate of Protest on any instruments drafted by me and directed to my bank or the Secretary of the Treasury as a fiduciary creditor and drawee(s).
I request that you please serve with me the Certificate of Protest from the Secretary of Treasury or my bank, if one exists on any of my drafts, so I can observe any error or mistake and correct said dishonor, if one exists.
END OF WRITTEN LETTER!