Sie sind auf Seite 1von 6

October 18, 2011 Mr. Vice President Retail Collections CENTRAL PACIFIC BANK P.O.

BOX 3590 Honolulu, HI 96811 Loan Number: 008101268842 Mr. Vice President This letter is lawful notification to you, pursuant to The Bill of Rights of the National Constitution, the Supreme Law of the Land, in particular, the First, Fourth, Fifth, Seventh and Ninth Amendments, and the Hawaii State Constitution, in particular, Article 1, Sections 2, 5, 6, 7, 8, and 13, and requires your written response to me specific to the subject matter. Your failure to respond, within 5 days, as stipulated, and rebut, with particularity, everything in this letter with which you disagree is your lawful, legal and binding agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful and binding upon you, in any court, anywhere in America, without your protest or objection or that of those who represent you. Your silence is your acquiescence. See: Connally v. General Construction Co., 269 U.S.
385, 391. Notification of legal responsibility is the first essential of due process of law. Also, see: U.S. v. Tweel, 550 F. 2d. 297. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.

Be advised that I will assume and presume nothing regarding this personal, private, and very legal matter and this letter serves as formal notice and legal and lawful demand that any and all correspondence from you in regards to this matter be supported by truth, fact, evidence, and law. Until this is done, I am unable to fully address you or your alleged employer, regarding this personal and private matter. You, attorneys name, as an alleged officer of the court and an Attorney, are to have sworn and subscribed an Oath to uphold and defend the Constitution of the United States as your first duty, yet no lawful proof of this has been provided and proven on the record in this matter. A certified copy of attorneys names timely filed Oath of Office and copies of all bonds attorneys name is required to obtain according to law including documented proof of attorneys names malpractice insurance are necessary to prove on the record pursuant to due process of law that attorneys name is lawfully functioning before the court. Because this has not been proven on the record in this matter, attorneys names claim of being able to lawfully represent Plaintiff in this instant matter is only personal opinion based upon hearsay because it is not supported by any recognizable factual evidence either presented to me nor before the court and, in addition, a violation of due process.

You, MR. VICE PRESIDENT, through your contact with me, have made the claim that you are one of the attorneys representing the Plaintiff in this matter, yet, no lawful proof of your status as agent has been provided. Therefore, your claim of lawful agent status in this instant matter is only personal opinion based upon hearsay because it is not supported by any recognizable factual evidence either presented to me nor before the court as required per due process. Therefore, I demand that a legally recognized officer or agent of the Plaintiff, as demonstrated by a lawfully recognized certified copy of a corporate resolution or similarly recognized authoritative document, provided via affidavit that the Plaintiff is a valid and active corporation and that said alleged corporation lawfully operates within the state of YOUR STATE and that you, personally and professionally, have been granted authority pursuant to your alleged Contract to act and operate in behalf of said alleged corporation in this legal and instant matter, so attesting under the pains and penalties of perjury of the United States of America. In this instance, if said affidavit is not provided, then you personally are perpetrating blatant fraud and will be held accountable and liable for that act. Further, you, MR. VICE PRESIDENT, have made the assertion that the Plaintiff has a valid standing in this matter yet, you have failed to demonstrate lawful proof that said alleged corporate fiction is a valid and lawful party of interest in this matter, via some affidavit or other lawfully recognized document duly notarized, so attesting under the pains and penalties of perjury. Failure to provide such lawful proof is admission that no such proof exists and, further, that you and/or the alleged corporation are acting on your own separate or conjoint behalves and interests in your attempt to collect this alleged debt and are not a real party in interest and are violating my secured and guaranteed rights including those relevant to due process of law and are perpetrating blatant fraud upon me and will be held accountable and liable for that act collectively and separately. Additionally, you have fraudulently attempted to establish and prove lawful jurisdiction by presenting only subject matter jurisdiction in this instant matter. As you are well aware, subject matter jurisdiction is not exclusive to establishing and proving jurisdiction on the record in any matter. Subject matter jurisdiction if presented as exclusive authority for proving jurisdiction on the record, is a violation of due process of law as it excludes the proving of personam jurisdiction. Personam jurisdiction as a necessary element of establishing jurisdiction has never been proven on the record, and therefore, you, thereby, have perpetrated fraud upon me. On or about July 12, 2011, I was contacted by telephone and conversed with you, allegedly named Mr. Vice President who further claimed to be employed with CENTRAL PACIFIC BANK in the department of "Retail Collections" as a Retail Collector. During the course of this conversation, you stated that at your request, our car was going to be repossessed because we were three payments behind. After reviewing the records over the previous 5 months, this in fact was not the case. On occasion, my payment may have been made after the "grace period", but my records indicate that I have not ever been 30 days late during the course of this contract. In

conclusion, your statement regarding any delinquency was erroneous, which you did acknowledge and agree with, in respect to your alleged claim regarding this instant matter. You concluded this conversation by stating that the aforementioned truth regarding our payment history was irrelevant to your decision and did not matter, as you had decided to repossess the property, our car contrary to Law and my Constitutionally guaranteed and secured Rights. You further stated that because your office did not have the knowledge of how to process the Electronic Funds Transfer instrument submitted to your office in June of this year to discharge the remaining balance you assumed that I was acting in fraud. You have no lawful authority, especially in your corporate capacity, to assume and presume anything about me and to act in complete contradiction to the law, specifically in this instant matter, and violate my secured and guaranteed rights. Be advised that the Electronic Funds Transfer (E.F.T.) instrument directed to and received by CREDITOR, on DATE RECIEVED, was lawfully and properly done, so as to set-off and discharge the debt associated with this specific account. Because the original untouched instrument, E.F.T., was not returned to me within the time limits and manner required for such instruments, this instrument has been lawfully accepted and/or transacted. Further, as unnecessary additional fact and proof, the associated control number or wire transfer number is lawful proof that the account has been settled per instruction. If you disagree, I demand that a legally recognized and authorized officer of CREDITOR who has direct personal experience and personal knowledge of this instant matter provide their own notarized and sworn affidavit to the contrary, so attesting under the pains and penalties of perjury of the United States of America. For your edification, please review the following:
Closed account. An account to which no further additions can be made on either side, but which remains still open for adjustment and set-off, which distinguishes it from an account stated Blacks Law Dictionary, 6th Edition

Additionally, be advised of the following: 1) I have not and am not releasing said property to CREDITOR, nor am I releasing my interest in said property to CREDITOR. 2) I have submitted lawful means via the E.F.T. instrument to discharge the remaining balance which has been accepted by CREDITOR. 3) Your actions are in violation of the declared Supreme Law of the Land, the Constitution of the United States, specifically, but not limited to the Bill of Rights, Articles I, IV, V, VII, and IX and the Hawaii State Constitution Article I Sections 2, 5, 6, 7, 8, and 13 which supersede any and all Hawaii statutes and codes, especially those in contradiction to these Constitutions. SEE: Marbury v. Madison, 5 U.S., 137, 174,

176. All laws which are repugnant to the Constitution are null and void

In your attempted efforts to defraud me of and steal my property, you have violated my Constitutionally guaranteed Rights and all aspects of due process of law, in particular those rights secured in the Bill of Rights, including, but not limited to, my 1st, 4th, 5th, 7th, and 9th Amendment Rights and those rights guaranteed and protected in the Hawaii Constitution Bill of Rights. By your unlawful actions, specifically enumerated and described above, you have committed crimes against the People, in this instant case, me. Should you persist in your efforts to violate my Rights, then, you commit deliberate fraud, which perjures your oath and violates state laws, governing attorneys and the Rules of Professional Conduct. Such actions could subject you to criminal charges, civil action and disciplinary action from the Bar Association and the state Supreme Court, with whom I will file charges against you. In addition, I will notify your malpractice insurer of your unlawful actions in violation of including, but not limited to, due process of law, which may adversely impact you and possibly your entire law firm. Should you fail to properly resolve this matter by immediately ceasing and desisting any and all activities against me, then, be assured that I will take any and all necessary measures against you, as stated above, to protect my private property, to claim and exercise my Constitutionally guaranteed Rights, to publicly expose your fraud and see that you are held accountable and liable for your unlawful, fraudulent actions. If these parties fail to act and correct the matter, then, they condone, aid and abet your criminal actions, and further, collude and conspire to deprive me and other Citizens of their Rights guaranteed in the Constitutions, as a custom, practice, policy, and usual business operation of their office and the organization for which they work. If you disagree with anything in this letter, then rebut that with which you disagree, in writing, with particularity, to me, within 5 days of this letters date, and support your disagreement with evidence, fact and law. Your failure to respond, as stipulated, is your agreement with and admission to the fact that everything in this letter is true, correct, legal, lawful, and is your irrevocable agreement attesting to this, fully binding upon you, in any court in America, without your protest or objection or that of those who represent you. All Rights Reserved,

Your Name Your address City, State zip

cc: file

NOTARYS CERTIFICATE OF SERVICE The services in this matter are done in behalf of American Citizen. ,

It is hereby certified that on the date noted below that the undersigned Notary Public Mailed to:

Hereinafter, Recipient, the document and sundry papers which include the following: 1. Letter to Seth Fujiwara, Retail Collections, Central Pacific Bank dated October 18, 2011, issued by Your Name; and 2. reference copy of this Notarys Certificate of Service (signed original on file) By certified mail no.: , by placing the same in postpaid envelope, properly addressed to Recipient at the said address and depositing the same at an official depository under the exclusive face and custody of the U.S. Postal Service within the State of Hawaii . __________________________________ NOTARY PUBLIC My commission expires: July 11, 2012 ________________ DATE

NOTARY PUBLIC CERTIFICATION


Document #Pag Date: Month#/Day#/2011 es: 1 Notary First Name: NOTARY NAME Circuit Doc. Description: NOTARYS CERTIFICATE OF SERVICE

Notary Signature

Date

Das könnte Ihnen auch gefallen