IC3 – Private Membership Association (PMA) Video 1
AOL, thanks for joining us, John Jay here.
Appreciate your patience. I'm running a little bit behind. It seems like.
But, um, this tonight is going to be a bit of a continuation from last week, and certainly we can do Q&A afterwards.
I'm just going to get right into the subject matter.
Last week, we were discussing how private associations can be used with professionals.
And things that they can do, the memberships can do to still have indemnification through captive insurance and also dispute resolution and different methods. They're like what we mentioned, is the ad hoc Gerry or, you know, mediators, things of that nature. We already have a legal framework in that in that area.
And the courts will abide by these things. It's not like we're trying to buck the system. We're actually going to use the system and divest the courts of interfering from the ability to interfere with the operations, so that we can have a private association.
Now, what I wanted to share with you this evening, is how private associations can be administered. This is how it's done. It's not a piece of paper.
OK, remember, I was described as explaining, maybe you would use words on a piece of paper to describe the association that already J: 323 PM.
So, anyways, Um, So let me just scroll down here and I have a bit of a bullet point or guideline here, and I'm gonna just go over these real quick, and then we can we can talk about things so As you see You're gonna. Get this, I mean, you can get this now, or I can put it up here. And that's what I'll probably do is try to put this up in the chat feature.
So you guys can grab it.
I can also post this to the telegram base of coins, but what I want to show you is that someone in the 19th century, this guy named Robert Robert's Rules of Order, he wrote Robert's Rules of Order for parliamentary procedure in England. I think it was in England. And it's been adopted around the world. and most modern countries, as a means of by which, professionals or government employees or business executives can communicate in a way where everyone gets a say, in the matter. And that everyone's contribution can be appreciated factored into decision making, OK. So that's Robert's Rules of Order, there's the website, Robert's Rules of Order.
I'm not going to go there, but well, actually, I had some of these bookmarks, So, I'm gonna, I'm just gonna show you, I mean, see where it's online. I mean, you can find a one second. Now, it's free. But you can get commentary on it. I believe you can actually buy the actual paper book.
But, you can find the PDF version or sections of this for free.
It's worth reading, if you haven't already. Not many people really look at this, but in modern society, I mean, we really should have the ability to communicate with each other in this manner. Like, for example, Homeowners' Association, those types of meetings. If you actually had a group of people that, like the board of directors and whatnot, there actually are a community. And the leaders in the community, you're trying to solve problems and do some planning and things, Robert's Rules of Order, or a summary version of those, that's a great guide to use for large groups of people to communicate effectively. Alright.
So, this is how you would operate in your own private association.
It would be under that example of a framework. It doesn't have to follow all the rules. I'm gonna show you how this Robert's Rules of Order have been adopted into every known association that we are aware of. We just don't think of it that way, so let me show you. So, we got look here. There's a Peak Parent Teacher Association. I look, this is probably in England, right, so it has to do with the church, now, what does the Church?
It's a private membership association, right, and this has to do with the Association of Parents and Teachers.
All right, under the church.
So, What are they, what are they done? They're telling people how things go, how we relate to each other, what to expect.
The governing body, they're identifying who's doing what, right. I'm just going to summarize this, you guys can look it up, but I want you to see how this has been used all around us, OK. They're talking about you know, how we interact with third parties, what we're supposed to be doing our annual meetings, right? All these things, OK?
Just disclosing, you know, who does what when?
So, there's only 12 pages.
Now, this isn't like the bylaws, This looks to me like an overview of the whole association.
So, see how simple that is. Now, I'm going to show you one that's really detailed.
Um, and then, this is more about what we want to end up with, like, if you're running a business or you're, you're networking with other professionals, you're gonna use something like this third version of this is the first version, so, let me hop over here to this one.
I just put the whole website here, because this is an example, right?
The DOE Omnibus covers everything, right?
So, they're introducing who does what when.
Then you've got a nice table of contents right. And then we've got abbreviations. We have to define what the heck those are.
How nice to them And of course, here are your articles. You guys have seen things like this before, like in your LLCs.
But any organization is going to have articles or elements of how describing how the members are relating to each other, what types of members that are maybe their shareholders. Maybe there's boards of director, right board members, right?
And then there are property, There are, let's say, um, there might be property that the association is involved with. Maybe the association owns the property. Maybe it's using the property, right, So the property is described in the association.
So then the people's relationship to each other, and how what authority, who has what authority over the property is another aspect of this.
So, I don't know too much about PTA's that they have much property rights, it's more about organizational, and you know inter-related with each other.
So, which as you can see.
and remember, you might think this is difficult to do, but it's not really.
What you're really, what you're really doing, is you're, you're observing the association and how the members interact with each other, or how they should hire. You expect them to interact. And then you would just reduce all that to writing as best you can write. And that's all they've done here.
Yeah, so what's a quorum that's important to like for voting rights and all this stuff.
You know, one of the some of the important aspects that we talked about before is if there's decision making in association, it should be a matter of record, but you can go back, you know forever and see who said what went right and what, what resolutions were made.
Hmm, authority to do things should be expressed, so there's that. Now, this is I probably eliminated this one. There was another really good, I probably run into it. Let's see here.
No, that's not it, OK.
Let me go back to my, um, guide here.
I knew there was something, National PTA, let me try this one. I think this is the one I'm going to show you.
Yes, this is the one, right? So here's a National Parent Teacher Association set of bylaws.
But look at.
I mean, it's only 13 pages.
Who does what, when?
Always talks about money, how they're gonna get money, do, whatever.
It talks about many times the association may incorporate, or may be based upon statutory limitations, sometimes that's useful.
Sometimes it's necessary.
Like, for example, a homeowner's association has to stay in one of its articles, that it's operating under a particular statute, in order to have the right to enforce lien rights on property in the community. So if an HLAA wants to be able to foreclose on some property, it has to incorporate the state statute. Now with this interesting because if it does not incorporate the state statute, it's outside of that jurisdiction ironically.
So, you can have an association, this legal, but is not subject to this state law. It might be subject to criminal, OK. You're not gonna escape that. But the civil law, it's going to be outside because it's the law unto itself. It is an association that's what a group of people want to do, and it's private.
This is how powerful this stuff is. in our case law and our judges in our courts, as corrupt as you might think they are, and you're probably right. They will uphold these things, because guess why? They are that too.
Courts are ecclesiastical associations. Are there churches?
Let me just go real quick here.
You can have a Parent Association, OK, yeah, To enforce parents' rights on.
Yeah, you can have a parent, OK.
You can have an Association of parents that, yeah, you can, you can impose conditions on your school board now.
I don't know if you can have an association outside the school. It should, really.
The school has to be involved in some way.
I mean, you can do things like, if you could operate an association, like you're describing here, like an employment union, right? So, all the parents would get together and say, Look, if you guys, if the board isn't gonna do this, guess what?
We're all going to home-school our children, actually, you know, or something like that. There could be just this chaos where you guys buy your own. Sure. We can just control things. So, yeah. You do have some power numbers there, if you're going to work together.
So Sure. I like the way you're thinking there. So yeah. Officers, right? Who has what power when? who can be divested of power, right? What conditions cause someone to not have power anymore?
What role, or maybe the, maybe the particular role in the association is temporary, right one year, which is probably a good idea, in most cases.
Anyways, you guys can read this as you want. You got the link here, I'm gonna give you this document.
So let me hop over here, I'm gonna show you something. Now, let's say, no, you don't have to use the American Arbitration Association.
There's also several other professional associations that are basically, it's an organization where it does the marketing for arbitrators, and it has its own set of rules. It's like a core.
So the arbitrators decide cases just like judges would. In fact, many of them are retired judges or attorneys are acting attorneys. I don't know what their rules are. But many of them are legal professionals. And you can use. So let's go to the ACA, has a set of rules here, just like I'm going to show you to resolve disputes to administer decision making when it comes to people with disputes. OK.
Um, as you can see, you guys can look this up yourself, Look how simple ADR dot org rules?
I founded one second. look, commercial arbitration rules and mediation procedures, OK. Here's your rules right here, Let me just look at those.
Scroll down here.
This is how we resolve disputes. What jurisdiction do we have?
Someone has to file a petition arbitrary, OK? That's how they acquire jurisdiction just like a court.
Now, if you, if you filed a petition to arbitrate a matter in which you can't be enforcing a law.
It could be about legal rights, but you can't enforce something that you don't have a private right of action for It. For example, if the DOJ or the State Attorney's office, the Attorney General's office, has the right to prosecute somebody for, let's say, human trafficking, you couldn't do that yourself, right?
Only the police power can do that, but arbitration is for civil matters, contract disputes, and things of that nature, Almost anything can be arbitrary.
So anyways, these are rules that have been etched out over a long period of time.
There, maybe adopted from ARR overriding, like culture, if you will, of what people understand due process to be right. Due process, as defined by Webster's, the right, to be heard.
And so in our modern society, which we consider Democratic, you know, society, Republican, whatever.
these rules are for that purpose so that everyone has a chance to be heard and that there's no unfairness or partiality hopefully, and that is why it survives judicial scrutiny.
Now, because of the rules, the rules are the way they are with the American Arbitration Association, and they don't have to be some special thing, but they're pretty fair. And they've been etched out for a long period of time. Once a decision has reached its final, it depends on your contract, but most of the time, if it's what's called binding arbitration, a final decision by the ADA or an arbitrator under there, sometimes, you can have three arbitrators. That decision cannot be scrutinized by the Court unless there's fraud.
So doing involvement of the Court is when the prevailing party of the arbitration award the judgement, OK, going going thing to do then is to ask the Court system for a confirmation of the award.
So absent a claim of fraud, the Court's gonna agree with the arbitrator no matter what. Can't scrutinize the findings, OK? And then, the final, it becomes a judgement.
And this is where this shows you that the authority for access to the police power, because once you have a judgement, you then have the right to go like, why collect money from people. So, to get to that point, that's the police power.
You can only go to the court.
So if an arbitrator agrees with your point, and you win, you still can't go exercise the police power until you get approval from the court, right? Until you give the other party a chance to present a case for fraud, right.
So, anyways, that's what we have here. That's our limitations. I'm just telling you, that's how it's kind of limited.
We also have something called mediation. Like, for example, I like mediation in many cases, especially if it's court ordered, court ordered means I'm not waiving my rights to use the court. I mean, I've been paying for my whole life, right? Why should I invest my right to use the courts, or a jury trial, if I can get it? But I can have non binding mediation, is what it's called. It's not binding. So that final, so I can have someone mediate a thing. Then most of the time, you know, if someone points something out, and I agree with that, I go, OK, fine, you're the mediator. I'm going to go along with that and we're done.
But if I don't, if I think if I think the mediator's is wrong, non binding mediation allows me to go to court and start over, I can go to court and start the whole case as if I never went to mediation. OK, so there's a difference.
And I'm just saying from last night's, or from last week's call, I was talking about this legal process here. All these sets of rules are they run the books for decades, right?
So, I'm going to move over now, to something very similar to this, And this is under the Federal Rules of Civil Procedure.
Now, most attorneys, like, correct me if I'm wrong here, but most attorneys, I think, the way law school works is this is a core element of law school, OK? So they just want to teach administrative law ministry procedure.
The arbitration process is administrative.
Anything outside the judicial system is considered administrative anything within a government agencies administrative. I'm gonna show you that in just a second. But here are the federal civil procedure. So this actually comes out of the courts. The courts are established to the Constitution, right? This is a federal, but you even have your state rules of civil procedure. You can look those up for your individual states. But I just wanted to show you the federals they called the Fed Rules FRC P.
But anyways, so we scroll down here and you get to a point where, like, say, on page 12, probably it is, all this stuff And then, it's going to talk about how, how you can get the court to take jurisdiction, right? This is the beginning, right?
So right over here, there's only one way to talk to us, right, That's what they're saying here and that's their prerogative.
This is what we've been doing for centuries now, even back for into England. Right. We've always had a set of written rules. So this is just another example. Let's call the quarter private association. I mean, we can have a day long discussion on that one. But in my opinion, it's a private association, these are rules of doing what it's supposed to be doing, is supposed to be resolving disputes in a manner that allows everyone a fair opportunity to have his side heard, right, to have his day in court.
And then once it's all done, then there's all these other things you can do, right.
And there we go.
So it goes on for 140 pages, right, on and on, and on.
You can look that up.
This something over here. Now, this is, what is this?
I clicked on a link.
OK, did I, so we don't need that.
All right, so then, this is, this is an example of in California, the Unemployment Insurance Appeals Board, OK?
So, if you play for unemployment insurance because you got fired or something, then it's denied.
You can appeal.
And these are the rules of appeal or rules of appellate procedure notice is not in the court.
These are administrative rules. This is exactly what you would do. You would act in this capacity.
In a private membership association, you can call yourself whatever you want, or your committee, or, if you don't have a committee in your association, there could be a provision in your articles that says, how to form a committee, an ad hoc committee to decide disputes, right?
You can actually form your own court, so to speak.
This is what they're doing here. OK, except these people are actually, probably attorneys and are retired judges, and they're in, they're employed by the State Department, of labor, typically.
But, anyways, this is, you know, they're referring to the statute's, here, the state statutes, and then we get into, Um, this is your rules of procedure, right?
Civil procedure, then, this is very similar to what you just saw in the federal rules.
Very similar, except it's more abbreviated.
It's less formal.
This definitely, is always subject to judicial review, OK? You can always appeal always to the court system from the administrative agency. That's what makes it what it is, Otherwise, it would probably wouldn't be allowed. Now, there are some cases where you can, you can preclude that.
But, yes, you can always appeal, right?
Usually, from the administrative agencies, you can appeal right to the courts, and a lot of times, you can appeal right to the appeals court.
As if the initial determination came from the trial court itself.
That saves time.
So, anyways, experiences all your evidence, and you know, and you see how it goes, right? It's not hard. Look, guys, it's not hard to have in your articles for your Q&A.
If you're, if you're operating, let's say, a small community, or let's say you're doing an ad hoc type of business, let's say you're working to get with your neighbors, and you're doing something, or, or, your family, or you have a lot of people in your family, Or, I like, let's say there's 30 people that commonly are in contact with each other. You guys want to get together and do some things.
It wouldn't be difficult to adopt a set of rules like this, that are already written.
Then, follow, you, don't have to write your own rules.
If, and certainly you can you can modify, why am I going to do that?
Why would I, why would I want to pay so much attention to this? Well, because I want to be respected, I want to be respectable and I want to be respected that way.
If I want to be private, OK, I don't want someone to come along and go to the government that I'm trying to get away from In many cases we're talking about and be a complainer and say that I'm running some sort of unfair, inequitable, you know, scam then.
So that would give the government at foot a foot in the door, so to speak, to investigate possibly, or it would make, it would make my life a little difficult for awhile, you know.
So I want to make sure that I can always establish, even if we're not talking about government investigating what my PMA is, maybe I don't want.
A large group of people too complain, because that's just going to cause chaos. So I want to make sure I'm doing the right thing. Even if nobody's looking, that's what this is all about. We don't have to re-invent the wheel, we can adopt their own rules and rulemaking, all these things.
Here. Look, here's all the important people, right?
Anyways, so that's what you deal with, with government agencies.
So, just so you know, I mean, all these agency types, it's kind of like a double edged sword. I mean, I kinda like it. But it came out of the 1934 new deal with FDR, OK?
When he did the re-organization plan, they brought in the re-organization plan in 19 34, and if you want to see where that is, OK, so I want, I'm gonna get into this in just a second.
Um, the United States Government re-organized, its bankruptcy.
It's been operating in bankruptcy, at least since the Civil War, probably, probably since the revolution, the American revolution. And the debt is just keep, you know, it keeps rolling over, right?
Well, in 19 34, the government had to do what's called a new deal, and it was codified, it was a new bankruptcy OK for the United States. The United States has always been a receivership.
So the new bankruptcy was what you would call a re-organization plan, like, if you file a Chapter 13, right, you have to submit a re-organization plan. Well, if you're a government, you're sovereign nation, you don't submit a plan to somebody, You write the plan and then follow it because you're the government. So, the way they did is they wrote a law in Title fives, codify, and Title 5 Section 5, 5, 2, 8. It's called the Administrative Procedures Act.
I'm gonna show you how this comes into play. It's really important.
All these government agencies that we're dealing with, a master and the rules of operation, there are very strict and they are there in the APA, the mister Procedures Act.
Right here, I'm showing you, this is, OK, so we came out of this Department of Labor and it's referring to state statutes, and here's what we're looking at. Is the California code to see your state statute? That has to do with the unemployment insurance code, right?
So, the rulemaking comes from the statute.
I mean, if I want to click on something here, it's gonna give me more what they're supposed to be doing, right?
Yeah, look at this.
So, if I don't like what the agency said, I can appeal it, And where does it go?
It's probably going to be in the appellate court, but anyways, you get the idea. You keep going on that, but, I just, I really appreciate what this judge did in Tampa, OK. She's, she's responsible for getting the airlines to stop the stupid, you know.
Mask wearing nonsense And how did she do it?
She concluded in her 59 page. Ruling, you can read it, OK, If you go check this out, I mean, if you search, if you searched this right here, this phrase, I'm gonna give you the link anyways. But if you searched this, you're gonna find what her ruling was, and I read this thing It's amazing. And she, what she said essentially is, I'm gonna summarize it for you. She said that the CDC that had a guideline, And, by the way, the guideline, so that you can appeal it, You can't sue the CDC for a guideline. You can see the CDC for something other this binding on people, which, I don't even know what that would be. But here's the thing in order for the CDC, A government agency administrative agency to impose a legal duty on anybody.
If it could do so, it has to publish proposed rulemaking, and allow for public debate, and it has to make a record of that.
So, everybody gets a chance to chime in on It. Wasn't CDC didn't do that. With the airlines, they just said, Hey, guys, do this. Do this or else?
And so, what Judge Missal did is she, she explained, because the CDC did not engage in publishing its proposed rulemaking, and instead just wrote rules and say, do this or else. Or, This is our guidelines, and then everyone else that do this or else.
It had no authority. It could have acquired the authority, had it, conducted public debates.
Now, I would argue that, because ultimately, they don't have the authority to do what they tried to do. But for a period of time, I guess a year and a half, they were doing this nonsense until someone file a case, and I have to give the attorney credit. I don't know who what attorney was, But the attorney brought to the court, and made the argument, and the judge went along with it. And actually, you know, expounded upon that.
So it just goes to show you, you know, administrative agencies are much like private member associations, Write your rulemaking, has to be consistent with your charter.
Now, when it comes to government, agencies, the public, when a public is affected, it has to be open for public debate. When you have rulemaking in your membership, it's a little bit different. It has to be private, and there's no question about, you know, there's a need for compelling interests like outside involved. So, anyways, this is another example of how this stuff works.
See what else we have, OK, so yeah, we don't go there, but anyways, so, what else do I have? OK, so H.o.a.s, I'm going to show you this, too.
Let me just pop over here real quick.
This is what comprises an H O A, right? You have, let's see, like, oh, OK, so you guys can look at this.
This is, creates a lien on property, people don't realize. the homeowners association is a private membership association. And, as a matter of law, it has lien rights over the property, as a matter of law, meaning.
The private association of of homeowners in a community can avail itself of the State law that says, you can do this thing.
You have the authority because the State will back you up under these conditions. So, lien rights mean that the ...
can foreclose upon property when a person doesn't pay dues or, you know, something, violates part of the covenant, OK? So, it's A Lawmaking body.
And the people in that are running the HLA can actually right, a wide range of restrictions and conditions. And all kinds of amazing things. They can actually create their own little government, right? It's not recognized as a town, really? It could be, but it's not necessarily, it's just simply a homeowners association but it has a lot of power.
Your articles, no, these are published OK.
Everybody gets to see these but your bylaws are how you work internally.
What governs the inner operations of voting, all these things?
I mean, you can make this as complex as you want, but the examples are all around us of how ... work?
Let me just go through here. I'm not gonna go through the whole thing, but you can see.
And each way examples. I mean, to be legitimate, you really should keep track of finances, right? You just gotta h.o.a.s, the compelling interest really is going to be the people in the community that are paying dues. That's who cares about.
Now, the other thing we're really talking about too much is that your family, you, everybody, has, you know, rules in the family. Everybody has expectations. And we just don't write them down, because, you know, like, why would I write it down when I could just repeat to my children, you know, 27 times a week when they should clean their rooms, right? That's more interesting than just writing. It's not that they would carry that I write down anything, because I tried that where I make a list of who has, who has to do the dishes when.
That doesn't work really well. I don't think they read that.
But anyways, you have your family has certain roles. Then you have family court mediation.
So look, if you can't resolve a matter in your family, maybe it's a good thing that you can involve the court, and we just so happen to have a thing called a family court. I think a lot of us realize it's not exactly good for many situations.
But family court mediation, pop over there real quick.
You see this.
There's the whole process.
Now, you can look in the American ... Arbitration Association website also, the National Arbitration Forum. You can look at those websites. They also have a sense of sport mediation and they have something for binding mediation, is a binding arbitration.
There's small differences, OK? But this happens to be in Virginia. And it is describing how you can the parties can mediate things.
So hopefully I mean look at it this way.
Let's say you want to, you want to, I'm gonna introduce something. Maybe it's gonna be next week, but let's say you wanna administer something important within your family. Let's say you want to have a post, an actual agreement.
There's plenty good reasons for doing that, and I'm going to talk about that pretty soon, but if you wanted to do that. This would be a nice clause to have in in there, right? You can adopt these conditions into your PMA.
You don't have to re-invent the wheel. Of course, you want to remove the legal references. Who cares what Virginia says.
West Virginia says, it's just your family, but that's another example, right?
All right, and I showed you that one. And then we showed you the missile case. And you guys can look that up. I'm gonna, I'm gonna put this there. So anyways.
I hope I didn't go over this too fast. It just seems so pedantic, but I just, I just want to show you that, this is what you do, OK. This is how, if you have many members, it can be managed through rules that we've been using for probably centuries now.
At least decades.
Nothing new there.
So, all right, so anybody want to chat about any of this? Or is there something new you guys want to cover?
Something related, not related.
That's a couple of shots here. Let me check here.
Administrative SQL. Any, I mean, administrative, like, I don't know about within the system.
Yeah, I try to like one of the most important things right now is, the physicians are being harassed or were being harassed and now we see what the governments willing to do to professionals. And, so, there's a, there's this move of professionals, doctors, to get out of a licensing thing.
So, I mean, as far as in the system, yeah, they're getting abused by it. So, yeah, they have to create their own rules. That's why I'm saying that this one, I'm presenting this way.
Um, but, but, you know, as much as I don't like, like, I don't like the DMV.
I don't like all these quagmire of agencies. However, you do have remedies there. I've been very successful at working through agencies and getting hearings, and they're not court proceedings, and it does save a lot of money if you know what you're doing.
Um, you don't have to file your rules. That's the whole thing about a PMA. You don't have to tell people what the rules are. The only you only have to publish them to the members of the PMA.
All right, this is your deal.
Yeah, so, Yeah, certainly, Todd, you can bring up something, I just, I'm just gonna leave that, and then I'll call on Rain expert. Todd, what do you have?
Yeah, I think you're muted.
Nowadays, it's on.
I'll do this.
There you go.
I can't hear you, though. Maybe you're Microsoft for Summer air. Hold on, I gotta let me just go to them real quick, OK.
Second, I'm just going to speak to them.
I need to Yeah.
OK. Sorry about that.
Please give us one second. Yeah.
I'll just tell you guys real quick and you should go ahead and interrupt me if you're ready but what I'm working on right now is a way where you can adopt a a post nuptial agreement for the purpose of divesting. That Court and the State of its ability to interfere in a marriage or with child custody.
And I think it's sorely needed. I think if people were prepared with that, it's not about, you, know, people think a post Nuptial or pre-nuptial Agreement has to do with, Excluding one's, spouse from, you know, wealth, or something like that. But it could be for that. It's also good for estate planning. I mean, there's lots of positive reasons to use that. But what I'm thinking of is that we would have a lot more standing, if we could adopt a post nuptial agreement that's very specific about how things are resolved, and how the courts are excluded. From many aspects of the marriage now, that can be destroyed by any of the spouses. So, there is a way to, you know, mess that up.
But just the same, I think that if the parents are going to be, you know, understanding what the problem is, they can get a lot of a lot of ground without the courts and without risking losing their children, because really, the courts and CPS are human traffickers.
And I think this may give us a leg up on some of that. Are you guys able to talk taraji able to?
Can you hear me?
Awesome, I can hear you. OK, Chris.
First of all, that marriage thing is a great idea.
We've been talking about that, OK, piece on that?
What I was going to talk to you about is why he's going in for hip surgery on Monday.
I use those eight letters contact and. It kind of given me a run around.
I finally got to talk to an individual.
You know, I used it.
Duty of care, I talked about the ADA, how it's applicable, So on and so forth.
And they just are refusing to, To go along with.
We don't want it doesn't want to just tell she doesn't, she should never do that, never submit to any examination, disclosing medical records, They're not related to the procedure she's already been diagnosed with for treatment needing treatment for something, and that cannot be conditioned upon her accepting treatment for something else through which has not been diagnosed.
I used that same argument mm hmm, doctor called, my wife said, If you are not going to comply, and we are going to cancel your surgery, OK, well, you know, he maybe wants to spend $50,000 in federal court. I mean, that's what I would ask them.
That's what I did. I did ask, and he said, the policy is the policy.
But, I asked him what the statute was that supported his argument. Of course, he couldn't say anything.
So, I'm just planning on going down. My wife is planning on going.
Ignoring what they're doing.
Yeah, don't participate. This is not life threatening, right?
It's not life-threatening. Well, that's a good thing, but you probably have to do an injunction against them.
Yes, and I will try, I tried to contact a couple of friends that were judges, to see if I could get an emergency injection.
But you won't have, you won't have the criteria for it, because it's not life-threatening. That's why I just, that's why I asked you that.
You won't have the ability to plead a temporary injunction temporary. Yeah, the only way to get that. Yes, there are certain allegations you have to put the bleeding. and if it's not life-threatening, you're not gonna get it.
It has to be obviously life threatening, like she has to be bleeding to death.
OK, that didn't happen, So of course not, so you're kinda lucky in that sense, but I'm sorry you have to go through that, but yeah, we gotta, we gotta teach, these creatures are less than if they can't listen to logic, well, then, they're gonna be forced to comply.
OK, well, my ducks in a row as far as the paperwork was, it's a Title III case, so, OK.
Yeah, I mean, if you want to go the ADA, which I recommend to Title three case, you can't be, you can't be required to submit to a medical treatment for which you've not been diagnosed for something. When it's obvious that you're, you're, you've already been diagnosed for the other thing that you're willing to do. The treatment for their not related? They are not related. No matter what.
Voodoo, they're following, OK, because you ask them, What, what a diagnosis do you have that I have a deadly contagious disease. You don't have one. So just because the CDC says everybody has a deadly contagious disease does not mean I have one.
That's not something you can take action on, which, of course, you're speaking to the tree, you're speaking trading, or as do, and that's the most frustrating doctors. And then, you have to rely on, it's like, why am I even relying on, can't go anywhere else. That's why.
Yeah, yeah. So, I know I have all your arguments memorized.
See if you can use one of the letters. If not, we'll have to write up a bleeding. I have, I've used the letters I've used several letters.
And, because you have us be an advocate because sometimes it helps to have an advocate.
Know, I was, I was saying I was an advocate for my Oh, yeah, That's good. Yeah.
You can do that, right, OK. So, that's that's what I've done. All right.
Yeah. They just they're just refusing to do. Well, they'll have to answer then a federal lawsuit.
Right. Let me go and let me go into right here has been patient.
Oh, can you hear me this time?
Yep, OK, yeah. We know we have discussed the homeowner association zone.
Yeah, exactly, right. We've got a file, that thing, I gotta get you a cover letter And we're going to slam that thing in the county records. All right, it's just sitting on my desk right here. Mind to Yeah, so, I mean, so, so just bear by Oscar here at J so much a non-profit created at once. Just recording accounting and real estate, because at worst record your real estate section you're aware, know, It's just in the county records. Mitchell.
I Know the we'd have to do that, OK, the highway is recorded in your county, yeah, yeah, The covenant yeah, the non-profit that is the h.o.a.s Association Inc, that is filed with The Secretary of State, which I think you did OK Yeah, right. You got the family that's created. Yeah, Secretary Shaun. Yeah, OK, so so now we just have to record the Covenant.
Which is that like 20 page document or whatever, OK, describe the properties, the parcels of land. I think it's you and your neighbor or something. Right? Right.
Do you mind if we talk about the details of the end?
The guy that can be educational verified, it gets very powerful.
Yes, Yeah, Ray had he just ****** off the IRS really, because he wants to title everything out of his name. And so they don't like people doing that. I mean, I think maybe he poked him a little bit too much.
But, you know, so they want to say that his title holder of his property is fraud Is what I alter ego, right? So, like, you know, if they have a complaint with it, they should take it up for the state. Because the state approved the problem of, you know. But anyway, so they want, what they're trying to do is just take his house.
So I always assume, you know, just like any anything I work on, I always assume that whoever wants your stuff is going to have the ability to get it.
So therefore we should not have it. So or not have the end writes the end. In this case, So, in this case, let's say worst-case scenario, it's gonna take, like maybe a year or two. Let us say we lose the case, which I don't know if that's possible as possible. Who knows?
I mean, But, if they were to get a judgement against them, they would go after that property, meaning they would listed for sale in a foreclosure auctions to the highest bidder if anyone stupid enough to buy it these days. In which case, because of what we're doing, we have a covenant.
We're about to file and so the homeowner's covenant.
But, by the way, it's written what give the HLA the ability to strip anyone, including the government of its right over the property, if it acquires the right from the Court.
So, the ... is an inferior Lean, but it has the last word.
So we just sit back and wait.
We'd have to fight them, but actually, he could just, You can just ignore them, you know, I think we can win. But, I mean, if you wanted to, you could just ignore them and then wait till they dispose of the property, and then going foreclose on it.
And there's another part of it which I prefer more is if we can discourage people from bidding on it and even discourage them from foreclosing on it even though they think they want to do that now. If we make the ...
do's significantly high, it would really discourage everybody. Because, you know, when you're looking for property these days, you can see what the dues are on Zillow or something, right?
So I think that would discourage anyone from bidding on the property in the first place.
You don't show up as Popup ad to blue with 30,000 a month.
Beef, because Yeah. Yeah. Yeah. He said a minute ago must keep track of the finances to be legit. So it'll just start out, oh, and here's the spreadsheet. And no one's gonna look at it.
I will just, you know, put one together, We can get one.
That's not even important. But yeah, I mean, I like to document everything cases ever challenging. 30 years, I've hardly ever had anybody, anybody challenge anything my clients did because it was so far removed from being challenged, you know, yellow. So the bylaws are there already I don't have to adopt so I'm lucky. I'm gonna get you a set of bylaws OK so you have the articles, right? You have the covenant.
Like I just showed you guys, OK, a similar example and that's all we really need.
I mean the bylaws, nobody gets to really see them, OK. Right, now, let's get standard ones.
Then recorded into account, should not have to run the paper, no, public networks just write into county records. Because the articles are published and the state approved the charter, and there you go. And that's a situation where where the property is situated and you register a non-profit. It's an ink now, it's not an LLC.
He does it in the state where the property is situated, in that case.
You want to do it that way, because that gives you the right to foreclose, and then make sure in the articles that you're invoking the authority under the statute which we did.
Millimeter. Hmm, it's pretty much ready. So I'm gonna go over it again and I'll get to the cover letter and then I would use plop it in the mail. There's probably a. recording for you, Like, 20 bucks, or something like that.
And then, once the recording, the county, there's an actionable Lean and you have all the power then, I will tell you. I mean, everybody should be listed in this because it's like 44 magnum airship protect.
one is when, especially, when it even blocks them.
Everybody, it could be, it could be the United Nations trying to put a lien on your property. It doesn't matter. Yeah, the court has no discretion.
It's a, it's a, what do you call it? It's a statute staple like a mortgages and it cannot be exhausted.
That's the best card. That's your most powerful Lean, even though it's like third and fourth in line. It's behind state tax lien spike hind, mechanic's lien just behind IRS is behind City penalty, all these things, the HLAA lena's, like fit in line.
Hmm. Hmm, hmm.
But it never goes away, so you're always get the last word.
Somebody asked you to repeat about the non-profit ache.
Yeah, all you do is um, it's crashes.
Yeah, we just use a non-profit. Etsy.
Yeah, the non-profit so like for example, a homeowner's association is going to be registered as a non-profit corporation. Now it does not need an EIN.
It does not need a bank account Most h.o.a.s don't even have a bank account if you guys were of this a lot of them have servicing agents. I do. They have Attorneys and Servicer so, but his case, he's, like, Now, let's say it down the road a couple of years from now. Let's say you do have to foreclose.
All you would do is you would hire an attorney to foreclose, you would need an attorney because the attorney is going to represent the corporation and the corporation because it's a corporation. The Court won't let you come in there and represent the corporation. That has been a big deal.
So, yeah, Akashi, maybe a couple of grand, And of course, you're not going to contest it, know, And the highway basically will take your house back from the government.
Yeah. I would hire an attorney to foreclose on the property, Michelle.
Yeah, the HLAA would recover the title OK to recover extra. Oh, yeah. That's that. So the close yeah, the HLAA would have a lien interest. That would be foreclosed upon following whatever nonsense they want to do to you. They would have the last word: whatever poor sucker ends up with the title. He thought he got the title. It's going to be taken away. There won't be too long before investors start learning how to look at the public records and run foreign faster. And the more people that do that.
So, thank you. All right. Thanks, Ray.
Elaine, did you want to ask them?
Get it on me.
Sorry, A two quick questions, on the 1423, there is a section that says something about. it's advisable to get a meeting with a manager, but there's nothing on the form to request, said, does that happen? When PR or response, yeah, you can just this prompting you to ask for that, so you just ask for that.
So, should I ask for that in an addendum? on that form? Is it no? The 1423 is gonna cause someone to contact you. Let me check real quick, and got it right here.
So, Appeal the following: how to appeal, uh, oh, there's a phone number, Economic Harm.
There's a phone number you can call, you should call the number two by the way, OK, And tell them, to space. And time, yeah, let's see, here's the thing. When you file it, again, it's another method, Another avenue whereby you would stop the Lean. Because we're within 30 days. You see how it says, we'll stop?
We'll stop the levee, even though the levy was debt, was January 31st. I believe this was the date of the levy.
Well, it's, I filed the initial CDP right away, so, I mean, they got it.
Well, within days. Yeah. It should work, is this issue where we're, I mean, I'm gonna look it up probably in the morning.
I'll look up exactly see what if there's some special procedure didn't tell you, is that there's nothing on there that says you should request a meeting, so on yeah. Maybe call the number, it says here on the face, check the collection action you disagree with. You must also explain your solution.
Yeah, your solution is just start taking my money, and I'll pay you what I can pay you, but don't create a hardship for me because, No, That's not what you're supposed to be doing for the collection office and Baldwin living. Yeah.
So wherever the Lean and levy came from, that's where you send this form. That's what it's telling me. This came from Smith. It came from Smith.
Send this, and then, he is bound by having to follow his obligations to .... Maybe he has to pass it up to his boss or something. I don't know how that works, but he is an accountable, because you filled out this form.
He sounded like, he didn't know when they were gonna get back to him on the first, and, it doesn't mean we shouldn't be like that. He's just, He's just, OK, no, no, he's really just being a jerk. He's OK, so here it is.
That's not enough.
So that's why we do this, these forums, because it creates new duties on them, they have to They have to jump around. It's like, putting the fire and other boats. And then other, quick question.
I wanted to make sure because those the lean, uh, levy, we're for 2016, 18, and 20, but I'm getting letters and the IRS from all of the years from 20 18 through. So, that's why I thought I should make this out for all tax year you should, because the pertinent time periods begin with the date of the notice, even if that's, you know, so old.
It's still the date of the notice. So, yeah.
Usually 30 days is a really good period of time that you want to do something hands-on, OK.
So, the, actually, the 30 days for the recent CDP will be up on the 14th. Yeah, so be sure to send your whatever. We feel like if I can get it into him this evening, or maybe morning, there would be good. So him and Holly basically.
Yeah, keep, keep poking them, poke it on poker them because every time you send those in, it stops levies stops everything. So then they have to start over and then you said more again until they get the message, leave her alone. That's money she earned, leave it alone, stop creating a hardship, and maybe she'll be nice enough to pay you something.
Otherwise, you're not getting anything and that's what's going to happen OK.
All right, so, um, I think that's it and I guess I'll just send them a check for $49. You're too generous. Alright, thanks Thank you. I'm gonna ask Brandon: so Brandon, what's going on.
Just a quick question. Now that I have my business going for a year, now, how do I do personal taxes, now that I'm paying myself a small amount from that?
Well, I'm your entire household, so let's say you have a spouse is making you're making money contribute to the household and then you are the total amount that should appear on your 1040 minimally should exceed your actual living expenses.
I mean, normal living expenses, let's say, if you have three boats.
No, that doesn't count. But when everyone else is normally paying, like if you're a neighborhood like where I am, there probably is paying 60 grand a year, right? So I should show my 10, 40, at least 65,000, if I show 30, and as the only income, that's going to be a problem. That's going to cause an audit. So at least that much. And that the whole idea there is the rest of the money. You're not going to need to report that because you've already imported enough justifiably to live right now, OK?
I have one other question here.
Other ways to get financial assistance on important things from your home, Your health insurance doesn't cover, I guess, so I didn't know what programs would be available. I mean, I hardly ever look for those.
But financial assistance?
Aye, I'm sure, but I would I would probably go with the Department of Health and see it, but there's probably they'll probably refer you out to another agency. I'm not really sure who that would be.
I don't know if you can you can go through a third party, like, for grants, for business stuff, I wouldn't know.
Where we, where we are today is, you can end up looking for that on the internet.
With your state agencies, I can't tell you, there's somebody who's just telling me that.
Um, This couple, they were, the wife is taking care of her parents, and for, like, a year or so, and it's like a full-time job.
And she finally qualified for wage income from the state, 30 hours a week, for wages, anonymous She's making. But it's a salary that state is paying her to take care of her own parents.
So, I know there's programs out there.
Yes, so on the stop, yeah, 9423 is an appeal of a determination for trying to make a payment arrangement with the IRS. So we're trying to make a payment arrangement. It wasn't accepted. And then we're going to appeal that.
But we're also going to appeal the whole thing, because we just don't think it's fair and there's, I'm not gonna get into the reason. But yeah, the 9423, it says on the instructions, and it will stop the levy process. But what will also stop? Like if somebody calls me and says like it's got a levy my accounts frozen at the bank. Right.
So, if, if it notices received within the last 30 days, we can file what's called a Request for Collections Due Process Hearing.
On Form 1 2, 1 5 3, and I have a video on how to do all this, And when you send that in, it takes like five minutes online to fill this out, e-mail, then fax it in. That stops the Loving, it frees up your money. The bank will actually let your money go.
Most of the time, I mean, probably all the time.
Then you get your money out of the bag, right? And then what that does is it's going to cause the IRS to contact you, and then you can do something.
And, you know, I'm not gonna get to all that, but, so, there's that collection due process. hearing Form 1, 2, 1, 5, 3. It's on the internet. That goes along with Form 656, but we don't do those first.
We do the went to 153 depressants therapist along with that is a form 911.
Ironically, the IRS has a form called Form 911, and it's for hardship situations. I mean, it's for any situation, and you just feel that, it takes like two minutes, and that again, is also supposed to stop ladies, and I'm not sure, if you needed to do within 30 days, or you can do it after. I don't know, but then the other one is this 9423. So there are several ways to stop levies.
Oh, yeah. You don't realize there. You have a lot of power.
97, I started doing this work in 93 or so, and I just sat back and watched and I was learning and I watched that the IRS was so abusive. I mean, it was back from the eighties. I mean, It was, it was so abuse of the people that Congress had to step in, and this is when, I don't know if you guys watch this, but they wrote.
They came up with the IRS Restructuring Reform Act of 1007 based on Congressional testimony In 96 and it was so shocking is, and I'm glad they did it this way is they only got the victims, I mean, these were horrible. I'm talking about a victim of the IRS. I'm talking about somebody who's like the wife, whose husband killed himself because of the IRS.
This is called a wrongful death situation where the IRS was sued for wrongful death because they induce someone to kill himself. So, these cases were being heard by Congress, and Congress did not even let the IRS defend itself. They just said, shut up, we don't want to have any question from you. We just want to hear from the victims.
When they did, I mean, I think they were trying to get public approval, really, what's going on? Anyways, so, they create like two more layers of bureaucracy and since then, we've been able to have a much easier time working things out with IRS. We play them against each other.
That's why we have these forms now, because they've been so abusive, I hate to say, I don't understand how they get away what they're doing when all those Congressional oversight committee hearings that took place was at 2005, 6, 7, 8, that area, and the Commissioner is able to get the IRS agents the Commissioners on.
see, Indian C-SPAN to whatever it was, and they would say, Oh, yeah, Income tax is voluntary.
Oh, I know, I know.
B: Then the enforcement regs are all Title july 27, 8 0 AM They're not even. There isn't exactly. They're not going to talk about that, but, you know, the irony is, that the Congress is your hero.
Let's punish the IRS.
They're the ******** that wrote the code in the first place. There the ******** that gave a bunch of accountants or the accounting function of the United States Police Powers.
That's why we have this problem in the first place, the Congress, the Congress, gave the United States Accounting function Police Powers.
That's why we have a problem with the IRS, because they can take your stuff at gunpoint.
Anyways, don't get me started on a truth rising. What do you got?
Hi, hi, John.
I wanted to ask you about an unrelated affidavit stanzas truth, have you, do you have any use? Do you see, I'm about an affidavit? I can see so many possibilities.
Yeah, it has to be in a proceeding, and I'll give you an example of great example of how I've used them very frequently. If a, if a person comes to me and has already in a debt collection cases, this is a great example, so debt collection case creditors, like banks don't like to go to trial. It's, it's, it's a waste of money, just wasting money. So what they'll do is they have a procedure where they could see somebody, and most consumers don't have an attorney. They don't know what to do. And they don't understand the language. So they, they sue, and then they just ask the judge for a summary judgement which says, it's not worth going to trial over the defendant's not contesting it, therefore, we should win, and the Jesuit says, OK, all right? So, here's how you defeat a motion for summary judgement now. Remember, this isn't a proceeding? So just sending an affidavit somewhere in the ether, that doesn't really do anything.
It has to be in a proceeding where there's, there's a police power involved, like the judge or the court. There's a court or administrative hearing, and then there's later on the police power. You're trying to defeat the police power, like the police power, meaning, if somebody gets a judgement against me, he can levy my bank account. That's the police power, right? So I'm going to prevent you from getting a summary judgement, I'm gonna push it back to where I'm going to show that the criteria for summary judgement cannot be satisfied. And the way I do that is with an affidavit. And so many times, I've had people like the comment on the phone. And they got to guess, what is a hearing tomorrow on what, oh a motion for summary, oh, I didn't respond? Oh my gosh, OK? So I get them, I put my standard affidavit template. And I started asking them questions and I put facts and the affidavit. And I look at the bleeding, right? And I go through and show. I show facts that are important in the case, and I put that in the affidavit. And I sent it to him, like by Telegram, or e-mail, or whatever.
And they print it out sign it, notarized it and they walk into the court the next day for the hearing.
Or however they do, and just the fact that there's a controversy affidavit that's not yet there's no response for, like you just said on rebutted.
Don't every but it by the way. Because these are facts that are already in the record.
I just put them in testimony, OK, that will cause the judge to deny the motion, and it will force them to go to trial, which they hate.
That and the cost of litigation actually discourages them. I've got cases right now that have been sitting for years because the attorney was embarrassed, because he couldn't get a summary judgement, and that affidavits just sitting there.
So that's how it works, in reality.
OK, but I wanted to ask, can have you ever used it in a more proactive way?
For example, just, you know, out of the hat, could we send an affidavit to a public official of, let's say, waterson, an affidavit, to Biden's say that Biden knows that if he signs the WHO treaty that it would violate a trespass? I wouldn't say it's an, it should be an affidavit. I mean, like I said, there has to be a form in which the affidavit is being used for a process like. I just described this is a response to a motion for summary judgement. And by the way, the motion for summary judgement has to be supported by an affidavit.
So the way to overcome that is have your own affidavits. So one of the things I do in my affidavit is I controversy what the other side said.
Yeah, But not as a proactive way to sort of put liens, or if you will, or if it is not for that purpose, an affidavit could support some underlying conclusion, but, just sending affidavits like, you know, Alfonzo does. That doesn't really do anything. There has to be a thing. There has to be a process that you're using and the affidavit has to be part of that process. the affidavits up.
So here's what you would do, OK, so far, for the President of the United States regarding treaties.
What you can do is write up articles of impeachment And have your congressman put it presented for the process for voting.
That's what I would do articles of impeachment.
Same for judges.
But you can't compile your Congressman to introduce them.
Well, you can you can kinda persuade them or coerce them. I mean, if there's enough people that do that and sign it's like But people do like they protest in the streets and they They send letters. And also, if you do articles of Impeachment. That is something that is taken up through Congress.
That means business articles of impeachment is going to get you a lot more than protesting in the streets and all that stuff. And a writ of mandamus, I mean sure you can what you're saying is OK.
So for a writ of mandamus that's the old phrase for what we use today is called the injunctive relief an injunction actually what you're doing.
So you want to join you want to join let's say government office from failing or refusing to exercise its mandate for what it was supposed to be doing.
So you can you can you can get rid of it's called an adjunctive for injunctive relief, that's your writ of mandamus and you could do that. You just have to meet the criteria.
Sometimes you can But like I'm saying, if you get enough people mean, we have the internet just think it from the people that form the United States OK, the revolutionists. Right. Imagine if they had e-mail.
We have e-mail.
We have a lot of power if we'll just collaborate with each other and write up articles of impeachment, we should do this for everybody We should just purged government articles of impeachment.
Some will go through some won't That would terrify them if they saw if we, if they knew that we've figured that out.
I mean, right now we've got like 36 cases or so of, you know, the fake pandemic cases. And these judges are terrified.
They're all these. We've figured out how to articulate this. They don't want to make rulings on anything. They're making us wait forever.
Articles of impeachment. I would, I would write up that, Pass that around. Gun if we just get it to one representative, like, say, Mario, you Marjorie Green is, she would know it, pick the lowest hanging fruit, right? Pick the easiest one, the most sinister easiest one on the way out, whichever one everybody hates the most.
Just pick them and just demonstrate that what you can do, one representative that would do it, right?
Yeah, there has to be someone has to assign a number or something. I don't know how they do it. You can go look it up. It's very easy, Agrees that the, wow, OK. You know what I'm talking about? OK, I don't know, I don't fall too much. She's the one that just gets interface.
That's OK. There's some good fighters there now.
Yeah, Yeah. Well, OK, then that That's what you Do. You use one of the good ones to introduce a Bill articles of impeachment, I think someone has to do that.
I think it has to originate in the house and get voted on out. Yeah, I forget. Yeah. So articles of Impeachment, that's gonna be So, yeah, for affidavits, I mean.
I don't know. And articles of impeachment, I don't think you need affidavits. You need articles of impeachment.
You can look at many examples.
Look at Nixon's wasn't impeached.
Didn't they try to impeach Clinton?
Didn't they try to impeach Trump? I mean, if you guys need example, go check it out there, public record. Yeah.
That's what I would do affidavits, I mean in themselves.
They have to support something else.
It has to be some other process.
So does that mean that the affidavits at all of these whistleblower is provided in all of the election fraud that occurred across the country when like Giuliani in his deleted it worked with him? We're presenting to various state legislatures. These people presented sworn affidavits, and they needed to that, Those are important. Yes, Yeah, that was the element of those are on rebutted. Oh yeah, Sure. They are. Yeah, that's an important thing. You have to use affidavits in that case, yes. Just like, for example, if the Department of Health wants to impose a medical treatment on somebody, it has to it, how can only do that based upon an affidavit of a physician.
That's how important they are. But again, it's part of a process. You don't just have an affidavit floating out in the air.
It's gotta be, you know, some some judicial or administrative agency.
I was an Atlanta with the pillow, man, you know? like Lindale, Mike Lindale, OK, it came up there. I just, I served as sermons on the Governor.
OK, Giorgia camp.
So, I came out. We took in 20 boxes of affidavits of voting fraud.
Yeah. We took them straight into the governor's office, Nice, legal department, steel, they were ignored. What do you, what do you think? What did you find them? And they can the public records.
Instead, what? See, what you can do is, you open a case file on the court.
Just file a case in court, OK, Open a case file Yeah, yeah, just open a case number, pay a filing fee, I don't even know what The the pleading was going to be call, but I'm just saying you open a case file in court and you take all those affidavits and you file do it electronically that way. The clerks not going to scrutinize them. Now you put all those on the record. OK, then you go back to the clerk of the court, and you get a certified copy of everything.
Everything that you just send to them? Yeah, all your affidavits right then you send that to the Secretary of State's office and record it.
Then they can't ignore it.
Then, you send a one page letter to whatever ******* you're going to deal with and say, Check this out. That's how you deal with the metal should have been done. Yeah, you have to make it part record. Because if you don't make it part of the record, they'll ignore you and they should Because it doesn't do anything to them. I mean, you wouldn't believe the number after day. I mean, these boxes weighing pounds.
Yeah, I believe you but you can put on the record otherwise. They're just based on the records.
I was, that has happened to be there, happens down the Caribbean. They didn't, they dropped the ball in, yeah.
Now, did you give them up?
Go, do, I mean, you can, you can find them in the county recorder's office today. I'll ask him.
Yeah, probably, I don't know it made it but you can, you need a five and the public, they gotta be in the clerk of court or the county recorders are kind of work together. So whichever way you want to go and then you've filed with the Secretary of State, the certified version of that.
And then all you gotta do is reference set by a case number.
Hmm, hmm, hmm, hmm, hmm, hmm, Yeah, and you can even reference it in a judicial proceeding by one page. You can just say, ask the court to take judicial notice a public record.
It's self authenticating, bam.
You don't even need an evidentiary hearing self authenticating and you can use an affidavit.
OK, so if you, if you sue somebody, you have to have a statement of the facts of the case. I mean, that's part of the pleating, right? And then you have your allegations as to how the law applies.
And it's really important, especially with some of these important things that we're dealing with right now. Did you have an affidavit? Now many times you don't need an affidavit, but what I like to do is have an affidavit.
So the affidavit may take the Statement of Facts, and put them under under oath.
Sometimes we can't, sometimes it can, But the, the statements of fact are part of what you would have in the affidavit.
So then, what we do in the pleading is we alleged the app at the Affidavit every statement, and the affidavits it that way. The affidavit, then it becomes incorporate into the pleading.
And now we have a pleading with testimony and statements of fact and your allegations and that's about as good as you can get.
You know, if you've played it properly, you're going to survive a motion to dismiss. And lots of times, if you can survive a motion to dismiss, you'll get a quicker resolution, if you're right, because the other side doesn't want to risk losing publicly.
Oh oh. Let me put up my hand, OK. Yeah, yeah. Jump it.
Yeah, OK. So, if you're going to, know, we only have the, sort of, the entry into the civil arena, we can't, we can't pursue any criminal matters. And I was wondering, could we do work around, well, let's say we ask, I mean, I live in Vermont, they're not, you know, they're crazy.
So, I can't have, the, they won't do anything criminal, even though they should.
five, make a criminal ask for some. Criminal investigation criminal, OK, if you don't have a private right of action.
Because it's a criminal matter, only, that only the State Attorney General does, OK. Like can I, can I can I name amend a civil suit for failing to do a criminal action close close? What you can do is put them on notice and say you need to prosecute this and I'm gonna give you so many days to investigate this as to make a determination. If I don't hear from you if you don't.
If you, if you fail if you disagree with me, I am going to seek injunctive relief against your office, for refusing to prosecute a crime.
Now what you can also do is file a complaint with the Inspector General's Office that's over the Inspector General's offices over every other office, even the AG's office.
So you can do those two things.
And so you can you can join your at AG's office from refusing to Prosecute an obvious crime where there's good cause.
And then, you can also file a report or what's called the information with your ... office. And again, you can drop articles of impeachment and go through that process in your state. If you really wanted to get things hidden right between the eyes, that's what you do.
My state's all blue well, you know, a mop the floor with them, right? I mean, they still have a process. The process is decades old, right? And yeah, they're gonna try to interfere with it. But that process, I, I trusted, you know, I mean, we're still here having a conversation. Right? I mean, look at all the correction we're surrounded with. But whoever wrote, the Constitution had half a brain.
We're still here. We have an annihilated ourselves yet, where we're heading there, but the ship sunk yet. Like you need all hands on deck. we do. Yeah. Yeah.
Show, there's only a few if only a few private rights of action for criminal matters, or one of us, one of which is maybe a collection of attacks, which has a criminal aspect to it, it's a key TAM action, which means a private citizen can collect a tax that's owed, in taxes pecuniary. So, it's quasi, it's like a traffic ticket type of thing, but you can you can sue civilly private right of action yourself. In behalf of the tax collector.
And then, you'll be rewarded, like you can get a share of the take, we actually have that process. So we do have remedies. And there's a reason why we, we take out the criminal stuff away from people.
I mean, at some point, we might have to start using our own juries, but I don't think the cute, cute him, ... slash slash M. If I remember correctly, They were doing this during, I think, someone actually won some cases. They were doing this during the mortgage fraud.
The foreclosure crisis because the servicers or whatever weren't paying the taxes on the recording fees.
And there's a few cases that one.
Is it good stuff?
Yeah, yeah, so what's somebody's warning me? They're going to come to Florida.
OK, I'm not going to be here.
I'm just kidding.
Who wants to come to Florida, but there's nothing over here? That's me. Yeah. I actually want a snail mail you something ahead of time. OK, you have a PO. Box or Mexico.
No, no, I've got a PO Box, I have to drive my car to go get the stuff that your argument here.
I wish I'd put in the chat here. Sure, please, area.
Just address it to me or.
Then he said, well, we'll meet up at someplace in Saint Augustine. You're gonna be said Augustine.
Cool, I love Hysteric sale. I love an excuse to get up there.
Yeah. There you go.
That would be great. Yeah.
Ended up in the chat, I didn't see it. Yeah, it's here in the chat.
How come, I don't see it, then?
No, it's in the chat here, in the Zoom meeting.
Just click on the chat feature on the bottom, the chat.
I'm looking at the chat, Yeah, same, I want to go to Florida, Let's all go to Florida. They click on it twice. It might show up the second time.
I don't see it in Yes, soon.
It didn't, you didn't send it to everyone, maybe, maybe I'll just send it to Todd. It looks like I did that.
I don't know what I'm doing here, let me just copy it, and then I'm gonna say, being at room for us all, We're all going to come to Florida, and it's great, OK? so this, this will go to everybody, right?
You could probably park on poverty, and we'd probably got it, OK?
Um, the, um, I finally get to meet my partner who's building the plasma React, or he's coming out next week, wow. Show me his work of art. It looks like a day, time machine or something.
Extra time between our eyes. Right on time.
Really, really, make sure you take fish worst.
Yeah, Yeah. Yeah. Yeah.
Certainly, it's amazing. So, I'm hoping I'm hoping that our creativity can, can just take off and make something really amazing happening. I've seen a lot of people do some creative things already, Stuff I never thought of it. I could tie talked to a lot of people, and I'm really optimistic. I see a lot of good things happening. And I think a lot of these smart people are been, you know, going through the motions their whole lives and now the fires under him, including myself, to do some productive with their, you know, creativity, And here we are.
So it's really nice to see that and people collaborating.
In fact, I just talked with a gentleman in Columbia, Camila.
And he had all these ideas that are similar to what we're talking about here at Columbia.
And now he just wanted me to consult with his firm, and then we're like, let's collaborate. You know, we got all this stuff. We can do so. So that's what we're gonna end up doing that company.
Good question is can when we're talking about private membership associations, and a lot of it is based on the Constitution.
What happens when we go international, OK? The PMA is it's not so much under the Constitution.
Not not at all. It is not even like an active legislation by a state. That has to conform to constitutional limitations.
However, the met the measure of it's legal, legality, let's call it, is that the members of the PMA are not engaged in anything that would be considered substantively evil bice, today's social mores, if they even still exist, right? So that's why I like, that's why I like to look at if I work with people in other countries and I maybe have to use a different structure or different arrangement, then we Canada States. But at the same time, the same principles apply. I'm using I'm changing the property rights, OK?
And sometimes I use the PMA specifically, but really what I'm doing is I'm changing the property rights to escape a liability and do it legally. That's accepted in that country, and so really the PMA as an exercise in the intangible private property rights that we all have in these are the rights that were used in the formation of the US. Constitution. So, it's our property rights that are above the Constitution.
We're the parents of it.
we're the, what do you call it, the heirs of it.
Right. So, we don't want to, we don't want to act as if we were with, under it, the government agencies or under the Constitution because we told them they had to be.
But we don't. But at the same time, we have certain things we have we cannot do.
Obviously, you know, immoral things.
That makes sense.
We are the law, OK.
We are the parents and that's why it works that way.
I mean, it really comes out of same and last call.
I mean, the way things used to be administered that were are based on the Bible and the the rules of local communities were established before the US. Constitution. They were established by such social mores of the time, and they were administered by the church, the churches in that area, that was our governing body, I mean, throughout the whole period of that, was called the Dark Ages, when Rome wasn't around anymore.
Who ran the world?
It was the church, We're still there.
The church is pretty much still run in the world.
Johnny, Reb News, you mentioned biometric data. Yeah.
And leaning it, I mean, it's a property, right, Yes, and you can following the Secretary of State, yes.
Yes, I have the whole process, and first you have to describe the property.
You have to then create a security instrument, which is easy to do. And then you simply record it. I would do in your county and the Secretary of State's office, and probably the US.
The United States, and I'm not sure exactly what Office you send it to you, but I've never done this before, but from everything I've researched and everything I've used over the years, this looks like something that's very valuable, and that would allow you to put a dollar value on the collection. use and storage of your biometric data. That includes the image that was taken for your driver's license. Start there.
All right? That may also include, because I would argue that the image is being used for commercial purposes. It certainly is.
I don't think they'd get around that one.
They're not being used for any legitimate government purpose, because the government has always function the same way, when we didn't even have the technology.
So, it doesn't give the government a new purpose mm. It just gives it a new means mm.
Yeah, But, like, for example, let me just give you a crazy example here, this is going to come up.
Imagine, if you, all of a sudden become a suspect in a crime, you get indicted for a crime, and maybe you committed the crime. Who knows? Maybe it was a crime that didn't hurt anybody, or maybe it did, but it happened a long time ago, or happened within the statute of limitations, but the way the government was able to arrive at its ability to indict you was by using artificial intelligence.
So, could it be argued that artificial intelligence violates the Fourth Amendment as an unreasonable search and seizure?
Yeah, I think so. Yeah, that hasn't come up yet that I know of. But I think we're headed there because I don't know if, I wonder if the cops are using it now or with a will, and maybe they can create all kinds of crimes. Who knows? I mean, heck, maybe I committed a crime 17 years ago that has no statute because they could just make up anything. I don't know.
Well, they're talking about this right now about the weaponization of government against the people, particularly through the censorship.
Sure. Going on, and how they're using robots and AI to decide mm, what's information and what is not.
Yeah. Well, let's educate them, OK. Since remember, we're the parents, right? So, information that's important to us, let's put a claim on it.
And that will tell them, that will help them understand.
All these counties across the country I just talked about at night, who's knows a marine with the Sheriff department.
Yeah, and they're taken federal grants, the county and eliminated rejected.
But they're taking photographs are putting biometric cameras up everywhere, the county, they're gonna know, I'm just going to scan UK, OK, so, this is what we need to do.
This is urgent than what we need to do is start no filing these lanes on the biometric data collection storage and use of this biometric data and notifying them that we own the lien rights. And just that, I think that would scare the pants off of them.
I think so, I would also go people know to do that.
And I would also want to find out how they got budget approval, to use public funds to conduct surveillance of the people that paid into the public funds.
I'll find out, I mean, I can go through channel. He said, if he said that the guy is telling him all the stuff he's telling me. He says they will even scan And If you care And a lot of cash It can see that. Cameras rail Yeah, it can even see through a disguise.
Now, there's a way to defeat it, but even, if you, like, put a disguise on, it can see through your skin and everything. As long as your face is symmetrical, it can see your bone structure and that's how it does it with infrared. But if you were to use asymmetrical makeup, or something, or something on your face, it would fool the cameras. There's another way, too. And this has been developed for like the last 15 years, this, this Japanese scientist, he's now got it to where it's very easy before. It was very awkward.
He had these batteries in the back of his hat, and he had sunglasses, and then he had LED lights on his glasses.
And that would blind any device, see the link substantially in kilogram.
Now, you're talking about people are being innovative, look at the links I sent you the other day, OK? Now put on the club. The club reflect, yeah, because the way it works is bouncing back. And then the other one had a hoodie with the jams to infiltrate the LED, Le Jana, and the other one actually look, it won't, it won't. It won't do the imaging on it was luckier Zebra or something. I just think, if we put leans on everything that's out there, it will bankrupt it.
When did you talk about that? John, Did you do that next class? Did you last week?
I've been doing this for like 15 years, just talking about the Lean part of it. I just, it wasn't a part of the major conversation. I mean, everybody is more concerned about how to open a bank account. Or, not fiction to implement these. These. Yeah. It's all tied to the U N WHO. Sure, Sure. If we need to put a claim on it. Yeah.
Fiction to put these cameras and always counties, and a lot of them I want to be the Lienholder. They want to collect my data creditor. Yeah.
Yeah, straight did you want to Because subject so quickly. I kind of forgot my question.
So what about, like, when you're in the public, OK, that's why we do the lien, because in the public, there's no a reasonable expectation of privacy, right? Decode this. Yeah, So so fine, you got me. However, I still have the rights over my likeness because if you don't agree with that, then Muhammad Ali's $200 million or $50 million sale of his likeness is void.
Same with Michael Jackson's and Marilyn Monroe.
So if you want to invalidate all that and you all you attorneys that are profiting from their states, go right ahead.
But I have a likeness just like everyone else, and you owe me.
Because I have the complete landscape.
What would we basically be saying, that would like you can you can keep the data, but you can't like profit off of that, basically, right?
What I would say is that I describe what constitutes my likeness, which includes my image, my biometric data, which includes my palm print my retinal scan, the way I walk, the frequency of my voice, the cadence of every, you know, all these things that express my physical attributes.
And then I'm going to claim the exclusive priority lien rights over all those.
And then, after that, they're using that without my consent. And so I put them on notice and say, I'm building older.
You don't have my consent, and I want X dollars.
It's like, I can actually walk it into court, and I can foreclose on my lien rights.
That would require them to cough up every piece of data that has to do with me or pay me to use it.
What's my work?
I have in my book I have, I'm not ready to publish this yet. I mean, it's, I've given it out a little bit, but I need to revise it a little bit, but I have an estimation as to what a normal person, like.
An average person must cop, there's such a thing. His worth would be if you want to assign a value, and it has to be justified by certain facts. And so it comes out to about, let's say, a million dollars, let's just say, I mean, it could be worth $10 million. But someone's likeness could very easily be worth or signature, for example, which is another aspect of. your likeness Could be worth a million dollars. It could be worth more than. You can put a dollar value on it.
You can pretty much make up anything, right. And they, so, I think, was it use I was talking about how they so they make money off of like our like, bonds or whatever signature and stuff like that. That's like millions of dollars I said, Yeah. That's how they've been exploiting for him. Yeah, I don't know how they call that value. But sure it's already been done.
Yeah. Somebody's asking about, OK, so I don't know with this pair of Pixel was held up.
That's the, that's what I've mentioned.
That's those close.
OK, thank you, I'll just check that out. Yeah, you put the clothes on, indicate in the cameras, can't detect you. Nice, nice, OK, well, heck heck, yeah, that's excellent.
Yeah, so, Right, class actions.
Yeah, because you want, part of the benefit of bringing a claim, is it?
It's, it's costly, OK? So, if you want to multiply the cost, that actually works in your advantage, right? So, if I can make 100 claims, instead of one class action, I'm gonna make 100.
Then yeah, right, Elaine, so yeah, Alena is like I said, You have to describe the thing that's over which you have a lien rights You have to have the lien rights which you do over your likeness?
You have to describe it and You have to explain the nature of the lien like, what are the terms?
There's a debtor and a creditor?
You're the creditor and then whoever's benefiting from the property that you described is the debtor.
That's basically everything and there are some criteria like if you want to look in the uniform commercial code the UCC, most states have adopted the most recent versions. You can look up the generic one to the UCC. I think it's Chapter nine, Volume nine, I think it is?
I'll go with 25 million. Yeah, hey, whenever. I mean, it doesn't really matter.
It doesn't really matter, I mean, who's going to say, who's going to say the value? Where, what's the objective standard, and what rules do we have we done?
So, oh, Alaina, immune to forget about you know, that's, OK, I could regarding this biometric data. So what you're not saying that you have to like submit your fingerprints in your retina scan and all that, to never do that. Somebody already collected that data, right, so you want to put a lien on it.
So basically what you're saying is describe your visage, blue eyes, gray hair, you would just say the color of your eyes.
Whatever that is, OK. Because even people with blue eyes have never have the same actual color of eyes, right.
Because you know the wavelength of light from your eyes is measured in nanometers, like blue is 400 right wavelengths right.
So, is completely, I mean, if I want to really get into it, I can compare blue eyes all day long and it's going to be infinitely different just like a fingerprint and everything else.
So you're unique, obviously.
Well, that was some fun. I hope that the beginning part was OK. I mean, I just, I'm building the series here, because a lot of people that are listening to this actually have a need for the association, And so I'm gonna lay this out, and yeah, of course. I think we can benefit from this.
I appreciate your questions.
Always my pleasure. Let guys have a nice weekend. We're not going to meet next week, right?
I don't think.
I think we're good, yeah, Let me know. If some comes up, I think we're fine.
No, I'm talking about the XOOM.
I don't know, why not.
Oh, I thought you wanna give you a week off, Know, everyone. Here, I just thought that one week was canceled, and I thought it was next week, but maybe not.
Isn't that was back that back then. But, uh, I doubled my time this week. coming up on Tuesday. I'm doing a call with people that are in our other group. Whether they were helping them with their employment cases where they were fired. And so, I'm gonna go over. Like, I had that discussion with a VJ on Strategic Life Rogue News. We're talking about opportunities for groups of types of app or opportunities that may be readily available to people. And so we're talking about those. And so I wanted to talk more about that, about how people can maybe supplement their income.
We can do it. We can do a one on that, on articles of impeachment. You guys are making me work extra hard. I'm going to have to look that up to do it right.
I know it's out there, but I'll look it up. So the one you're doing next Tuesday, that is not open to everybody. That's just that is for everybody. I have not posted yet. I didn't post the link yet, but it's going to be in the ace of coins thing. I just want to say, you're welcome to be on that one. And these are new people didn't even know about these calls we do on Thursday. OK, these are people that you know, that, for one reason or another around the country, they were fired and now they're like, The firemen their police officers there. All kinds of, you know, they're trying to do the right thing and doctors and whatnot.
And so, I'm just want to show, maybe there's a couple of things they can do with their skills and expertise to continue making money.
So, anyways, you're welcome to be on that one.
Great, thank you so much.
Alright. Well, enjoy your weekend. See you next week on you to take care. All right.
1. The video discusses the concept of Private Membership Associations (PMAs) and how they can be leveraged by professionals. PMAs offer indemnification through captive insurance and methods for dispute resolution.
2. PMAs typically operate under a legal framework similar to Robert’s Rules of Order, which help large groups to communicate effectively.
3. Decision making within a PMA should be recorded, with details of who said what and what resolutions were made.
4. The video also explains that PMAs don’t have to strictly follow the rules of established associations such as the American Arbitration Association. They can have their own set of rules.
5. PMAs may also use the concept of arbitration where arbitrators, often retired judges or attorneys, make decisions in disputes.
6. If an arbitrator’s decision favors one party, that decision has to be approved by the court before it can be enforced.
7. The video discusses various examples including a specific case from California’s Unemployment Insurance Appeals Board. It highlights the importance of keeping financial records for legitimacy.
8. A PMA must also have clear rules and expectations for its members. For instance, professional groups like doctors are advised to establish their own rules when moving away from traditional licensing.
9. In the discussion, it is also highlighted that PMAs may face potential legal issues that would require court involvement, suggesting hiring an attorney to represent the corporation could be beneficial.
10. Lastly, the video highlights the influence of artificial intelligence (AI) in today’s society, suggesting potential future discussions on whether AI could infringe on the rights of individuals involved in PMAs.