Attachment N - Jeffrey- Thomas: Maehr
Straw Man - Affidavit Denying Existence of Corporation*
Through the 14th Amendment, an artificial person-corporate entity-franchise entitled " citizen of the United States" was born into private, corporate limited liability. Section 4 of the 14th Amendment states: " The validity of the Public Debt of the United States (to the Bankers) shall not be questioned."
Congress formed a corporation, commercial agency, and Government for the "District of Columbia" on February 21, 1871, Chapter 62, 16 Stat. 419. This corporation was reorganized June 11, 1878, Chapter 180, 20 Stat. 102, and re-named " United States Government." This corporation privately trade marked the names: " United States," "U.S.," "US," " U.S.A.,"" USA" and "America " (See Attachment B).
When the United States declared itself a municipal corporation, it also created what is known as a cestui que trust to function under by implementing the Federal Constitution of 1871, and incorporating the previous United States Constitutions of 1787 and 1791 as amended, as by-laws. Naturally, as the grantor of the trust, this empowered the United States Government to change the terms of the trust at will. As evidenced under the Federal Constitution of 1871, the 14th Amendment, the People of the United States, without their consent, were declared " Citizens" and granted " Civil Rights." These so-called civil rights are nothing more than mere privileges. Privileges which government licenses, regulates, and can re-interpret to suit it's purpose at any time for any reason. The Federal Corporate Government also conveniently somehow forgot to disclose to the People that the term " Citizen" with which they have made every living and breathing inhabitant a 'subject,"was defined in law as a "Vessel" engaged in commerce.
This lead to the creation of the individual "corporate" entity (fictitious entity) called my "straw man," with my name in ALL CAPS, which is used on all documents which you have presented me with, as well as on my driver's license, birth certificate, "social security" card, bank account/checks and other documents, and is NOT legally "Me" as a sovereign individual.
There is NO precedent anywhere in English writing style authorities which authorizes the use of ALL CAPS in a proper name. Legally, the use of ALL CAPS for a proper name of a sovereign individual must have meaning in law. Our government created a "legal fiction" which has been fraudulently created and is actually bearing my ALL CAP name:
"Legal fiction. n. A presumption of fact assumed by a court for convenience, consistency or to achieve justice. There is an old adage: Fictions arise from the law, and not law from fictions.'
"The Real Life Dictionary of the Law," Gerald and Kathleen Hill
"A legal fiction is an assumption that something that is (or may be) false or nonexistent is true or real. Legal fictions are assumed or invented to help do justice. For example, bringing a lawsuit to throw a nonexistent 'John Doe' off your property used to be the only way to establish a clear right to the property when legal title was uncertain." Oran's "Dictionary of the Law," West Group, 1999.
"legal fiction: something assumed in law to be fact irrespective of the truth or accuracy of that assumption." Fields V. Fairbanks North Star Borough, 818 P.2d 658 (1991)."
In all cases, a legal fiction is an assumption of purported fact without having shown the fact to be true or valid. It is an acceptance with no proof. Simply, to assume is to pretend. Oran's "Dictionary of the Law" says that the word "assume" means:
1. To take up or take responsibility for; to receive; to undertake. See "assumption."
2. To pretend.
3. To accept without proof.
Oran's defines "assumption" as: "Formally transforming someone else's debt into your own debt. Compare with guaranty. The assumption of a mortgage usually involves taking over the seller's 'mortgage debt' when buying a property (often a house)."
Now, what happens if all the meanings for the word "assume" are combined? In a literal and definitive sense, the meaning of assume would be: The pretended acceptance, without proof, that someone has taken responsibility for, has guaranteed, or has received a debt. Therefore, if we apply all this in defining a legal fiction, the use of a legal fiction is an "assumption or pretension" that the legal fiction named has received and is responsible for a debt of some sort. Unless the assumption is proven wrong it is considered valid. "An unrebutted affidavit, claim, or charge stands as the truth in commerce." U.C.C.
View any personal check signature "line" under magnification to see evidence of this constructive fraud. You will see the words "Authorized signature only" all across this "line." One has to ask... why hide this wording in such small print if this is NOT constructive fraud?
I refuse your contract, and any contract with the "United States" OR its debt. I am a secured party to the "straw man" fiction (via my UCC-1 filing), and I stand as a sovereign individual not under the jurisdiction of the corporate United States, and have not entered into any contracts with the IRS or any other federal corporate body with full knowledge or willingly, and DO NOT accept your contracts in any form, without full disclosure.
Under House Joint Resolution 192 of June 5 1933, Senate Report No. 93549, and Executive Orders 6072, 6012 and 6246, the Congress and President Roosevelt officially declared bankruptcy of the United States Government.
When the United States went into bankruptcy, because it could no longer pay its debts, it pledged the American People themselves, without their consent, as the asset to keep the government afloat and operating, along with all the land, cars, boats, planes, buildings and environmental assets in and on the ground. Because government no longer had any way to pay its debts with substance, was truly bankrupt, it lost its sovereignty and standing in law. Outside and separate from Constitutional Government, in order to continue to function and operate, it created an artificial world consisting of artificial entities. This was accomplished by taking everyone's proper birth given name and creating what is called a "fiction in law" by way of an acronym, i.e. a name written in ALL-CAPITAL-LETTERS to interact with.
A name written in ALL-CAPITAL-LETTERS is not a sentient, flesh and blood human being. It is a corporation, fiction or deceased person. Government, as well as all corporations, including the IRS, cannot deal with me or interact with me via my proper name given me at birth, except through my ALL-CAPITAL-LETTERS-NAME!
15 USCA (United States Code Annotated) section 44;
"Corporation" shall be deemed to include any company, trust, so-called Massachusetts trust, or association, incorporated or unincorporated, which is organized to carry on business for its own profit or that of its members,…."
An all-capital letters written version of one's name is not one's name, but strictly an artificial corporate construct, existing by color of law only.
Use of a wrong legal name, even though spelled the same, is relevant:
"…unless it is such as misleads a person to his prejudice, or the misspelling transforms the name into a wholly distinct appellation." 14 C.J.S., Names, pg. 36. (a)
The use of ALL CAPS to pertain to me as a natural person is NOT legally my name.
The People of America have been pledged to the bankruptcy of 1933... including all property and labor through their ALL CAP corporate fiction name. Every" citizen of the United States' is pledged as an asset to support the bankruptcy, must work to pay the insurance premiums on the underwriting necessary to keep the bankrupt government in operation under Chapter 11 Bankruptcy (Reorganization). That upon the declared Bankruptcy, Americans could operate and function only through their corporate colored, State created, ALL-CAPITAL-LETTERS-NAME, - that has no access to sovereignty, substance, rights, and standing in law.
Because of the bankruptcy, and having been pledged as an asset to the National Government's debt, all citizens are legally DEBTORS under Chapter 11. DEBTORS, in bankruptcy laws, have lost their solvency-have NO RIGHTS nor STANDING IN LAW and are at the mercy of the CREDITORS/ Predators to which the Debtor is prey.
I refuse such a contract with ANY, and preserve all my sovereign rights as a CREDITOR under U.C.C. 1 and U.C.C. 1-207. Said artificial DEBTOR entity has been separated from myself, and all assets ever accessed through this DEBTOR name, or my signature via fraud, by ANY corporate entity using my sovereign CREDIT is payable to my sovereign person, and all debts of CREDITOR payable/discharged by the Federal Government, via House Joint Resolution 192. (HJR 192).
Title III, "Pleadings and Motions," Rule 9(a) "Capacity," Federal Rules of Civil Procedure, states, in pertinent part: "When an issue is raised as to the legal existence of a named party, or the party's capacity to be sued, or the authority of a party to be sued, the party desiring to raise the issue shall do so by specific negative averment, which shall include supporting particulars."
* This is an "Affidavit Denying Existence of Corporation" ("Specific Negative Averment") per Rule 9 above, Pleading Special Matters, requiring the IRS/Government/Treasury Dept to respond by affidavit, both written in longhand in red ink and notarized in red ink and sent to me via the Notary Public, and further requires that you prove:
a) All of the various fictitious, non-existent, undefined assemblages of all capital letters, e.g. "INTERNAL REVENUE SERVICE," etc., legally exist, i.e. are solvent, have standing in law, and can be present in a court; and
b) Each has a proven contractual nexus with all the others, including the artificial person represented by the corrupted, all-capital-letter version of my true name.
A person created under de jure law, with the person's identifying name appearing as prescribed by law and according to the rules of English grammar, is a legal fact. A corrupted "alter ego" version of that name, (ALL CAPS) manufactured under the legal fiction of "right of presumption" will have "credibility" only so long as the presumption remains unchallenged.
The IRS calls the summary of entries made to this straw man account my Individual Master File (IMF). This file is an account of what the Strawman has "done" so that the IRS can put a value on the criminal "charges" that they are claiming, such as a rum runner in Puerto Rico, an arms dealer in Iran, or a drug dealer in Malaysia. That is how you have "charged my account" and that is why I have never been "charged" with these crimes – the debtor, the Strawman, the corporation has. These "charges" represent millions of dollars worth of U.S. Treasury Bonds to the foreign corporation we fondly call UNITED STATES.
The actual bottom line of this is, ALL assets generated BY and THROUGH my straw man account, BASED on my existence and personal value and credit, BELONGS TO ME. The U.S. Government is "pretending" to be the creditors, but did they give the substance for which the borrowing is based on, or did I and all American people? The truth is, the actual substance belongs to each and every American, and therefore all assets belong to each and every American according to the amount registered in the fictional strawman account.
I hold title to the FICTION (JEFFREY THOMAS MAEHR©) and anything connected to the FICTION, and am giving you NOTICE that you have committed a "Trespass" against my property... My Rights! I, Jeffrey- Thomas: Maehr, am "the Holder in Due Course" of any contract associated with DEBTOR, (JEFFREY THOMAS MAEHR©).
If affidavit is not forthcoming as required by law, this entire affidavit and attachments stands as described, by default, and becomes contract law, and that there is no enforceable contract with you, except as described in this refund affidavit for fraud and damages on the part of the IRS/U.S. Government and all related agencies.
Jeffrey- Thomas: Maehr, Copyright (C) 2006, All rights reserved.