Responding to Offers or Demands
We have an unlimited ability to contract with our fellow human beings in any way that we choose. Our choices are dependent not upon our circumstances, but only upon our knowledge and will and creative intelligence.
Whether in commerce or law or life, whenever someone demands something from us, it is an offer to contract. There are only five ways we can respond to an offer to contract.
1) We can ignore;
2) We can argue or contest;
3) We can reject the offer or refuse for cause, without dishonor, as long as it is an erroneous claim and there is no liability evidenced (see UCC 3-501);
4) We can accept; or
5) We can conditionally accept.
Ignoring is dishonoring, both to the offerer and the offeree. In commerce, it means agreeing by acquiescence. If someone sends us a bill and we ignore it, we have committed a commercial dishonor and we have agreed that we owe it. They have become the creditor in the matter and we have become the debtor/ slave.
Arguing is dishonoring to everyone as well, no matter how righteous it seems. Ultimately, no points of view are absolutely valid and in a fight, force and deception are relied upon by all but the saintliest of parties. The loser will certainly become a debtor in the matter; the victor's creditorship may be a crime.
Honorably rejecting and the two ways of accepting are the only ways we can remain in honor and take full responsibility for our life and our world and not be a victim or a debtor. Full acceptance is appropriate when we agree with the substance and form of whatever is being offered. Conditional acceptance is more appropriate when we are not sure about those things.
All conditional acceptances are counter-offers: "Sure, I'll go to town with you if you help me clean up that mess first" OR "Sure, I'll accept that upon proof of your claim, in the form of a signed affidavit by you, under penalties of perjury and under your personal, unlimited commercial liability".
Learning how to accept conditionally is fundamental to learning how to remain in creditor relationship with and be able to freely control any situation.
Private vs. Public
It is important to know the difference between the private and the public, because we all have private and public identities and we can handle private and public affairs from the private, but we cannot handle private affairs from the public. This latter is one of the biggest mistakes many people make when trying to handle their commercial and lawful (private) or legal (public) affairs.
In our society, the private 'Strawman' was created by the application for the birth certificate; it is an international vessel in maritime law.
The public STRAWMAN was created by the application for the Social Security card; it is the national vessel in the law of admiralty.
John Doe is a non-resident alien in relation to the public. He exists in the republic. He has inalienable rights and unlimited liabilities.
JOHN DOE is a U.S. citizen. He exists in the democracy. He has benefits and obligations and limited liability.
In the private, money is an asset and always in the form of something that has intrinsic value, i.e. gold or silver. Payment for anything is in the form of commercial set off, now.
In the public, money is a liability and normally in the form of a promissory note, i.e. an FRN, a check, bond or note. Payment is in the form of discharge; in the future.
The private realm is the basis for all contract and commerce; the public was created by the bankruptcy of the private entity. Generally, creditors can operate from the private. Public entities are all debtors (or slaves).
Therefore, it is good to learn how to be a creditor in all of our affairs. Freedom is possible in the private; it is not even a valid fantasy in the realm of the public.
Creditor or Debtor
Playing well the game of commerce means being a creditor, not a debtor.
Debtors take positions, defend what they know and make statements about it; they ignore, argue and/or contest. Extreme debtor-minded people presume victimhood and seek to limit their liability.
Debtors operate unwittingly from and within the public venue.
They are satisfied with mere equitable title - they can own and operate, but not totally control their property. Debtor possibilities are limited and confining, as debtors are slaves.
Creditors are present to whatever opportunity arises; they ask questions to bring remedy if called for; they accept, either fully or conditionally. Accomplished creditors take full responsibility for their life, their finances and their world. Creditors understand and make use of their unlimited ability to contract privately with anyone they want at any time. They maintain legal title and control of their property. Creditor possibilities are infinite. Creditors are sovereign and free.
Three Useful Tools
We want to establish facts for the record, but it is best to be careful making positive statements (that may have to be proven); instead, whoever is making demands, put it on them to make positive statements - make them prove it.
1) Negative Averment: An averment that is negative in form but affirmative in substance that must be proved by the alleging party. “There is no evidence that I am not correct in this matter and there is no evidence that you are not wrong in this matter, and I don’t believe that any such evidence exists.” You’re stating what is not; not what is.
2) Confession & Avoidance: A response in which the accused admits (via passive acquiescence) the allegations but asks for additional facts that deprive the admitted facts of an adverse legal effect.
Accusation: "Is this your signature on this document?"
Response(s): "Is there a defect in that instrument?"
“Well tell me the defect is and I’ll correct it.”
“Well, if there is no defect in the instrument, then why are you here?”
“Why should I answer your question when you can’t even answer mine?” “Are you telling me that you are not even qualified to make any determinations on that negotiable instrument?" “Why are you here?”
3) Conditional Acceptance: A response, in honor without argument, that is a counter-offer. The only offer that is ever relevant is the one on top.
Offer: "Let's go to town and go shopping."
Counter-offer(s): "Sure, just come over and help me finish cleaning up the kitchen first."
"I'll accept that upon proof of bona-fide claim in the form of a signed affidavit by you under penalty of perjury and under your own personal, unlimited commerical liablility within 30 days."