Monday, March 28, 2011

Is a Dollar JUST a Dollar? Presentment can drive this point home.

Take note that a recipient to a notice and demand has no duty to respond except under court order or contract.

Notice the attached presentment letter.  The notice and demand cycle plays home to it.  If I present the letter to someone with a legal duty to respond, then the N&D cycle will provide conclusive evidence of the exhaustion of administrative remedy.  It sets the stage for a tort complaint or declaratory judgment effort, a declaration of the legal sufficiency of the admin process, and proof that no controversy exists (if the target failed to respond at all).  It sets the stage for a damages action.

Notice the certificate of  mailing, concrete proof that my envelope contained the letter I say it contained.  The recipient cannot duck out except by refusing the certified letter, so send it registered or by courier or process server.

The key:  I bill the target for my labor and expenses required to defend my rights, and I accept payment only in gold or silver US minted coins.  The 5th circuit ruled a few years ago that a dollar (federal reserve note) is (equals) a dollar (silver dollar, now going for $38 in FRNs). 

I would stash the attached  "dollar is a dollar" ruling.  I can use it when some target whines that I charge too much.

So if I charge $500 an hour in silver coins for the odious work of defending my rights, that comes out to a boatload of dough in FRNs.

It gets BETTER.  If ANYONE must pay me a wad of dough, I contact a friendly coin dealer first and get a price for that amount of money converted to silver or gold coins at the going rate.  I simply prepare a purchase order for the coin dealer on behalf of the person paying me, and have that person make out the check to the coin dealer and a statement to me that he paid me x/38 in dollars (without mentioning silver or gold).  I can pay the broker fee.  And I can go ahead and exchange my silver/gold back for frn cash if I need to spend it right away.  I sell in gold/silver and I buy in frns.      I would  have no trouble with the arithmetic when it came time to do my taxes, IF I ever did taxes.  The IRS hates it, but a Las Vegas jury kicked their butts all the way to Pluto in a dispute with Robert Kahre and his clique of construction companies who paid workers in specie having a low tax obligation because "a dollar is a dollar."

Also, I keep my receipts and a proper journal on my labor, time, travel, expenses, phone calls (including recordings - I signed up for google voice on my cell phone).  I use all this to PROVE my demand for compensatory damages AFTER I get the declaratory judgment that no controversy exists between me and the target (silence = acquiescence), which I can present to the court in a mandatory judicial notice of adjudicative fact after using RFA in discovery, with the same questions as in my presentment.  In a deposition afterward I can ask "were you lying then or are you lying now?  Did you think you could ignore your responsibilities to answer a simple presentment when you knew your refusal would hang you in court?  Did you intend to cheat me all along?" or questions to that effect.

Did you get all that?  What do you think?  Fact (serious), or conjecture (entertainment, fun)?  CONJECTURE, of course.  As a non-attorney educator/entertainer I don't give legal advice, so consider the above comments just a bit of raconteuring.  Read the law and case histories and make your own determination of what they mean and how to use them.  For advice on these matters, consult a competent, experienced attorney. 
Bob Hurt        My Blog
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