TOPIC: Letter to the Prosecutor

I drew this letter up using the idea of exploring administrative remedies and your willingness to settle the matter directly without the need for 'court'. In so doing, the idea is that you are 'settling' the matter and you are in agreement. Thus, there is no dispute. If there is no dispute, then there is no issue before the court and the court has no jurisdiction. Further, the prosecutor will not provide what is being requested (most likely) and thus will have to 'stand down' on proceeding with any form of 'charges'.

This letter is intended to put the prosecutor in a box and nip any attempted charges in the bud before anything gets started. Please give us your thoughts and ideas on this.

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Date

Prosecutor Name
Prosecutor official title
Address
City, St. Zip

Re: case number
Case name

Dear Prosecutor,

In regards to the above referenced matter, by this letter I am coming to you in a good faith effort to settle this matter administratively. Since ultimately all matters relating to statutory code and the dealings of the appointed court are commercial in nature, being administered in the latest round of bankruptcy, I offer you the following;

This is my bona fide offer to pay in full, in money of account of the United States, in order to settle the matter once and for all provided that you have proper status and standing to appear before the court with a verified claim. Failure of any of these would be fatal to the court’s jurisdiction and nullify the action ab-initio.

Please provide the following to me within 10 days in order to support your claim and position on the matter and you have my good faith promise to then immediately enter into direct negotiations to settle the matter on lawful terms.

Regarding your agency for the plaintiff:

1. Certified copy of your license to practice law. You purport to be an attorney and I have no reason to doubt that, however I do not operate on assumptions and presumptions, so your state issued ‘license’ (not a bar card) would establish this in no uncertain terms.
2. Copy of your representation agreement. You claim to represent the plaintiff in this matter, therefore I need to see documentary evidence demonstrating the legal nexus for your representation.
3. As an employee for the office you represent, you are acting on behalf of the public interest and as such this public interest must be indemnified from acts or omissions which would cause injury to those public interests. I request to see performance, payment and/or indemnity bond(s) which are in place covering this action.

Regarding the cause of action, please provide either;

1. The sworn complaint of a damaged party who is willing to appear as a witness and testify to the damage in this matter, or in the alternative,
2. The specifics of the contract to which you are attempting to hold me to which are allegedly violated along with material evidence that ties me, the living breathing man living upon the land, to that contract.

Regarding the obligation on this matter;

1. Documentary or material evidence showing that I am a ‘Person’, Residing or doing business in the STATE OF ___ who would be subject to the statutory code you are using.
2. Documentary or material evidence showing that I, Anil Prabhakar, am the surety, guarantor and/or debtor for the named defendant, ANIL PRABHAKAR, the cestui que trust.


This is an offer of performance with intent to extinguish the alleged debt liability.
From the statutes enacted in virtually every state legislature setting forth the commonly understood meaning of such an offer; the state codes, which are generally entitled “Extinguishment of Obligation”(or similar wording),

An obligation is extinguished by an offer of performance made in conformity to
the rules herein provided and with intent to extinguish the obligation

And state Civil Procedures entitled “Rejected offer as equivalent to production and tender of money, instrument, or property” --“AN OFFER EQUIVALENT TO PAYMENT. (Or similar wording) An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not
accepted, equivalent to the actual production or tender of the money, instrument, or property

And Civil Codes stating an offer dependent upon performance of conditions --
“PERFORMANCE OF CONDITION PRECEDENT”(or similar wording). When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due
performance of such condition

PRESUMPTION OF GOOD FAITH AND FAIR DEALING

The law presumes men act fairly and honestly --that their dealings are in Good Faith without intention to cheat, hinder, delay ordefraud another. And if any transaction is called into question, it is equally capable of two constructions;
--
one that is fair and honest, the other unfair and dishonest, then, in that case, the law presumes the transaction to be fair and honest. Therefore, I am not going to
jump to the conclusion that you are manifestly attempting to“put one over on Me”,
by asserting a liability where none exists --and attempting to collect a debt which I do not owe by fraudulent or deceitful means.

Therefore, I make this Good Faith Offer of Performance with intent to extinguish the alleged obligation.

Please respond in writing within 10 working days of receipt. These items should be readily available in view of your preparation so far on this matter. Failure to respond accordingly shall be construed as a refusal of the offer to pay in full which, by operation of law and the U.C.C., is the equivalent of a ‘debt paid at law’.

Upon your presentation of a verified claim and the showing of your proper standing in law to negotiate this matter with me, I’ll make myself available for immediate agreement on the settlement terms.

Please be advised that should you fail to establish your claim properly in accordance with the above and you proceed to make attempts at collection/prosecution, via the courts or otherwise, I would consider this an unlawful and ultra vires act, being outside the scope of your lawful authority for which all associated parties could be held personally liable in federal court for any damages incurred, starting with 15 USC 1 & 2, 18 USC 241&242 and others.

I trust you will work to settle this in good faith and I look forward to your reply.

Sincerely,

This letter explores the idea of exploring administrative remedies and describes your willingness to settle the matter directly, without the need for 'court'. This could be an effective early response to any summons, etc. In so doing, the idea is that you are 'settling' the matter and that you are in agreement. Thus, there is no further dispute to adjudicate. The rules of contract courts are that if there is no dispute, then there is no issue before the court, and therefore court has no jurisdiction. The rules are that simple. Further, the prosecutor will not provide what is being requested (most likely), and therefore will defaults and have to 'stand down' on proceeding with any form of 'charges'. A follow up letter letting them know this is a good idea as well after they default, just for the record. This letter is intended to put the prosecutor in a box and nip any attempted charges in the bud, before anything gets started.
================================================

Date

Prosecutor Name
Prosecutor official title
Address
City, St. Zip

Re: case number Case name they used

Dear Prosecutor,

In regards to the above referenced matter, by this letter I am coming to you in a good faith effort to settle this matter administratively. Since ultimately all matters relating to statutory code and the dealings of the appointed court are commercial in nature, being administered in the latest round of bankruptcy, I offer you the following:

This is my bona fide offer to pay in full, in money of account of the United States, in order to settle the matter once and for all, provided that you have proper status and standing to appear before the court with a verified claim. Failure of any of these would be fatal to the court’s jurisdiction and nullify the action ab-initio.

Please provide the following to me within 10 days of receipt, in order to support your claim and position on the matter, and to document that you have my good faith promise to then immediately enter into direct negotiations to settle the matter, on lawful terms.

Regarding your agency for the plaintiff:

1. Certified copy of your license to practice law. You purport to be an attorney and I have no reason to doubt that, however I do not operate on assumptions and presumptions. Therefor I require your state issued ‘license’ (not a bar card) that would establish this in no uncertain terms.

2. Copy of your representation agreement. You claim to represent the plaintiff in this matter. Therefore, I need to see documentary evidence demonstrating the legal nexus for your representation.

3. As an employee for the office you represent, you are acting on behalf of the public interest (the public trust), and as such this public interest must be indemnified from acts or omissions which would cause injury to those public interests. I request to see your current performance, payment and/or indemnity bond(s) which are now in place covering this action.

Regarding the cause of action, please provide either;

1. The sworn complaint of a damaged party who is willing to appear as a witness and testify to the damage in this matter, or in the alternative,

2. The specifics of the contract to which you are attempting to hold me to, which are allegedly violated along with material evidence that ties me, the living man living and beneficiary to the estate, to that contract.

Regarding the obligation on this matter;

1. Documentary or material evidence clearly proving that I am a ‘Person’, and that I am in fact residing or doing business in the STATE OF ___ or within the United States (if applicable) who would be subject to the statutory code you are using. (According to Washington Revised Statues RCW 62A.9A-307 (h) Location of United States. The United States is located in the District of Columbia).

2. Documentary or material evidence showing that I, _____________________, am the surety, guarantor and/or debtor for the named defendant, ALL CAPS NAME, the cestui que trust. I require authenticated evidence that establishes such a relationship expressly exists. Any presumed relationship as surety is withdrawn, disclaimed, and rebutted nuc pro tuct to the birthday of _______ 1961 found on birth certificate# ______________________. (attach a certified copy form the state attached if you have one).

This is an offer of performance with intent to extinguish the alleged debt liability. From the statutes enacted in virtually every state legislature setting forth the commonly understood meaning of such an offer; the state codes, which are generally entitled “Extinguishment of Obligation”(or similar wording),

An obligation is extinguished by an offer of performance made in conformity to the rules herein provided and with intent to extinguish the obligation. And state Civil Procedures entitled “Rejected offer as equivalent to production and tender of money, instrument, or property” --“AN OFFER EQUIVALENT TO PAYMENT. (Or similar wording) An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property, is, if not accepted, equivalent to the actual production or tender of the money, instrument, or property.

And Civil Codes stating an offer dependent upon performance of conditions --
“PERFORMANCE OF CONDITION PRECEDENT”(or similar wording). When a debtor is entitled to the performance of a condition precedent to, or concurrent with, performance on his part, he may make his offer to depend upon the due performance of such condition

PRESUMPTION OF GOOD FAITH AND FAIR DEALING

The law presumes men act fairly and honestly --that their dealings are in Good Faith without intention to cheat, hinder, delay or defraud another. And if any transaction is called into question, it is equally capable of two constructions;
--
one that is fair and honest, the other unfair and dishonest, then, in that case, the law presumes the transaction to be fair and honest. Therefore, I am not going to jump to the conclusion that you are manifestly attempting to “put one over on Me”, by asserting a liability where none exists --and attempting to collect a debt which I do not owe by fraudulent or deceitful means.

Therefore, I make this Good Faith Offer of Performance with intent to extinguish the alleged obligation. Please respond in writing within 10 working days of receipt. These items should be readily available in view of your preparation so far on this matter. Failure to respond accordingly shall be construed as a refusal of the offer to pay in full which, by operation of law and the U.C.C., is the equivalent of a ‘debt paid at law’.

Upon your presentation of a verified claim and the showing of your proper standing in law to negotiate this matter with me, I’ll make myself available for immediate agreement on the settlement terms.

Please be advised that should you fail to establish your claim properly in accordance with the above and you proceed to make attempts at collection/prosecution, via the courts or otherwise, I would consider this an unlawful and ultra vires act, being outside the scope of your lawful authority for which all associated parties could be held personally liable in federal court for any damages incurred, starting with 15 USC 1 & 2, 18 USC 241&242 and others.

I trust you will work to settle this in good faith and I look forward to your reply.

Sincerely,

JUST SOME THOUGHTS

---

TJ at youarelaw.org

If you have such a situations we may be able to offer a private consultation package to support a similar process. email: This email address is being protected from spambots. You need JavaScript enabled to view it. - I prefer you email from your own Protonmail.com account (it's free). Use this to maintain maximum security.

Here is a question. Could this letter also be used to send to an attorney in a foreclosure proceeding?
He can not produce a verified claim against the living man or a performance bond correct?
This would seem as interesting an option as the Order to Show Cause that the National Liberty Alliance is taking about in foreclosure matters.

To Claude A. Re: #3

I would say 'yes'. And in doing so, make a bona fide offer to pay in full, conditional on him coming forward with a bona fide claim. He won't. But this puts you in position of defusing any conflict and you have agreement with the plaintiff. You notice the court that you are pursing administrative remedy and that there is no issue to be decided by the court, as mentioned previously. You've just taken jurisdiction away from the court because they cannot rule on a 'non-dispute'.

Be prepared to put the full court press on the court, because they make money on these things and will tend to ignore you and proceed to the tellers window to collect. When they do, you have a pretty nice set-up for damages and possible disbarment, etc.

People worry, "well how can I make an offer to pay if I don't have the cash?" Simple. You offer 'Money of Account of the United States', which has never been officially defined, so a specific specie of payment cannot be demanded. What is the currency we use? Credit. Everything is credit! 'Full faith and credit of the United States' All of those bonds that the government is making millions of dollars from, using your name are based on your 'credit'. Apparently there is plenty of that to go around. Use it!

Firstly, thank you as I feel this is quite brilliant. I do have another question. Since this is a private letter but is also being forwarded to the existing Court case.......would one use a notary or 3 private witness's with thumb prints?

To Claude Re: #5

Your leverage with this letter is the implied threat that you 'could' make it public. Thus, you don't want to blow up your bomb while it's sitting in your lap, by trying to put it into the record. This is the whole idea. They want to keep it quiet.

What I'd consider, is to send a 'cc' to the judge in his private mail, or chambers just in case the clerk has a heart attack and never gets the chance to share it with the judge.

One of our members has the name of a company which will research your case number and get you the CUSIP # of the fund into which your case was bundled.

Those are my thoughts.