Call Notes | Dawn's Perfecting the Process

2 2 . AFTER THE NOTARY PROTEST

There is one other document you should request from the Notary after the protest, and

that is a printout from the Secretary of State's Office web site where the notary is

commissioned which shows that the Notary is in good standing with a current commission.

There may be a nominal fee for accessing the web site. You can also look for this

information on your own. This is a preventative measure so that if you should come to a

circumstance where the lender questions whether or not a notary with a proper

commission performed the protest, you already have the apostilles in your "bag of

evidence" to prove it was a viable notarial protest.

Perfecting the Process

Now that you have the original Certificate of Dishonor and Non-Response with Notary

Notes from the Notary, if you wish, you can set the stage to enforce the contract they

entered into with you. You have 90 days1 in which to send three bills for the contractual

amounts in your CA. The billing must be at least 10 days apart. Itemize the amounts. If

they are continuing to send you “offers” or if a bill collector is still trying to “collect” on

the account which has already been settled, you may wish to file a complaint with your

local Attorney General and the appropriate Federal agencies, depending on whether it is

against a credit card company or a credit reporting agency.

You have three avenues available to you:

1) The private administrative tribunal - The private administrative tribunal

consists of at least three independent judges (private citizens with knowledge

of notarial protest) review your documents and verify that you have followed

all the procedural requirements. The private judges can then issue Findings of

Fact and you now have a judicial finding; or

2) Getting Notarial Judicial Review – you must enter the documents for a superior

court judge in your county, in his judicial capacity and not his “ministerial”

capacity, to review the procedure, the time of the notices and your service of the

notices by you and the notary, so that you can obtain a court order for

enforcement and damages. You will need a local notary’s certificate if you used

an out-of-state notary for the process2. The local notary will simply review the

process and issue a certificate stating that the process was proper. After the

judicial review and findings of fact, then you can obtain a Writ of Execution and

obtain a “keeper” (marshal or sheriff) on their “toys” to either take them away for

the amount of the court order or sell them at public auction; or

If you wait longer than 90 days to do your billing, simply get a current Certificate of Dishonor from

the Notary.

We know that you may have difficulty finding a “res” state notary to review the documents if you had

to use an out-of-state notary to perform the protest. There is no time limit on when you get a "res"

state notary to review the process. We are accumulating the names, emails and phone numbers of

notaries nationwide who are familiar with notarial protest. If you can add to the list, please forward

the information to us to add to the “Notary List” in the files.

3) Obtain Judicial Review from the Appropriate Court. Depending on the

“citizenship” or “res” of both you and the alleged lender, you can file an action

for Judicial Review with the your state court, Federal District Court or the Federal

Court of Claims. If the “res” of both you and the lender is in your state, you can

file in your state court. If the lender is a foreign corporation, you can file at

Federal District Court. You also have the option of The Federal Court of Claims,

where “foreign judgments” are enforced. The private side is “foreign” to the

public side. Your conditional acceptance and the notary protest was private.

Remember that the notary process is outside the box so it is foreign to the

maritime/admiralty courts. It is no different than having a judgment in France and

trying to enforce here…it has to go thru the Federal Court of Claims for foreign

judgments.

All three processes do not review the substance of the documents, but only weigh the

procedure – the form – whether or not you and the notary met the notice and time

requirements, etc. and not the components of the contract. You cannot argue or testify or

address whether or not the instrument you offer in exchange was valid, whether the debt

was valid or allow any topic other than the judicial review of the notarial protest to be

addressed in any of the three processes. We will be adding forms for these processes

soon.

After you have your court order, you may also wish to file a UCC-1 with your local

county recorder with the entire packet attached, including your bill of exchange. And

don’t forget about those credit reporting companies, they must adhere to the Fair Credit

Reporting Act or you can turn them in for criminal prosecution by the Federal Trade

Commission. Now that you have a contract, if you choose to force an involuntary

bankruptcy to collect, it’s up to you!

P.S. - After you receive your Certificates of Dishonor and Non-Performance or Breach of

Contract, you should bill the “Respondent” the amounts agreed to in the Conditional

Acceptance self-executing contract. Send a minimum of three statements/bills. The case

can now be filed in the appropriate court for enforcement of the judgment made of the

evidence by the Notary.

From Dawn

3/15/2010 | Sam Davis Talkshoe call Episode 495 | from the last 2 hrs of the call. A Lively discussion and exchange of ideas. Listen to, or download the audio here. Total Time 03:58:29

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