This Webinar will take you step by step in real time through an administrative process.
The administrative process at its core is a three step process that results in a default judgment issued by a Notary Public.
The student should understand that the Ntary gives a judgment of the FACTS of a the matter, no the Law.
The notary does not care what is on a presentment or our paperwork, or the amount involved, i.e., whether a
document says $1.00 or $10 Billion. The only thing the notary cares about is whether the document has a place
for endorsement and a jurat, thereby justifying taking your
fee, putting your document in an envelope, and serving it on the other party, saying,
“Respond in ten (10) days.” This time period is in accord with Regulation Z, Federal
Truth in Lending, 15 USC 1601 et seq., consisting of three (3) days for mailing, three (3)
days for the issuer of the presentment to decide what he’s going to do about your
acceptance and return for value, three (3) days for return mail, plus one (1) for the day
of service, which does not count on the time clock. The total time is therefore ten (10)
When we have the notary serve our acceptance and return of the presentment to the
offerror, the notary’s address is given for the respondent to send the check, remedy, or
reply to. When a respondent does not respond to the notary within the required ten (10)
days with a notice of discharge of the obligation he is in dishonor on our acceptance for
value. He has not adjusted the account and is keeping the account open and the charge
in place, continuing to cause trouble for us and make money by stealing our exemption.
When no response from the original presenter is received by the notary within the
required ten (10) days, we have the notary issue a certificate of non-response, which is
a certificate of dishonor. At this point the dishonor of the issuer of the presentment is
established on the commercial record. A notary’s logbook is an irrefutable substantiation
of the facts and admissible as evidence in any court.
The key to the notarial process is that a certificate of non-response issued by a notary is
a judgment in estoppel. The first certificate of non-response is a judgment in estoppel
on the law. The second judgment in estoppel is on the facts/money. Ideally we should
do both when dealing with a presentment, since we wish not only to discharge the
obligation but use the process to better us commercially.
We must remember who and what a notary is. Historically, the notary wrote the king’s
papers. He issued the writs. A public notary is higher than a judge. In addition, notaries
have had from inception two (2) primary functions: 1) to protest international bills of
exchange, and 2) be a bonded, neutral party who holds the commercial record and can
place evidence into a court of any jurisdiction. Thus, the notary—as the ultimate holder
of the commercial record—is higher than any judge inasmuch as no judge can act
without the record. The great value to us is that through the notary we can place
unimpeachable evidence into a court case for the record.