When a corporation agent or court makes a demand, you have the option to settle. Theoretically you can, by using money of exchange. The SA Bills of Exchange Acts makes provision for it . However, we do not recommend you use this method and if you do, use it only as a legal defence strategy. Bills such as invoices, remittances, warrants and orders are all bills of exchange. Up till now you have only used promissory notes and such which is money of debt.
No Disclaimer: There is no disclaimer on these pages because the reader will learn and know that each and every perception and interpretation of anything and everything we as People experience, is unique. The responsibility is our own on how we use what we are learning and becoming. Anyone reading these pages is wise enough to follow their own counsel and therefore acknowledges this by the act of reading further. The choice is yours and yours alone. Download and read the following for more background information: What does A4V mean Foreclosure Defence Handbook Expert testimony to verify this: Affidavit_of_walker_todd_1-20-04 At least know what the following mean: 1. Money of debt vs Money of Exchange; 2. Accepted for Value; 3. Bills of Exchange and Negotiable instrument; The following manual is a brief on How to use money of exchange: How to use Money of Exchange Manual April 2014 Notice of Settlement: Offer to settle, no point arguing; it just gets you into more trouble. If you don’t have the ORIGINAL bill then you need to notify them. First go to http//giftoftruth.wordpress.com/legal-defence/ page before you continue here. Indorsing the ORIGINAL bill – in the How To Use Money of Exchange Manual. The following is an example of an indorsement: With it comes the Entitlement Order. 2014.02.01 Entitlement Order Comprehend what you are doing. Take responsibility in your actions. In Peace.
Presentment of Bill: If you have listened to Robert-Arthur: Menard’s interview Bursting Bubbles, you will know all about the Bills of exchange act. By not accepting the original Bill of Exchange (the traffic fine/bank loan/court order) you go into dishonour and this is why they have power over you. Here is a piece about dishonour from the Bills of Exchange Act: Bill of Exchange Amendment Act 56 of 2000
Quote: 41 When bill is dishonoured by non-acceptance, and consequences thereof (1) A bill is dishonoured by non-acceptance if- (a) it is duly presented for acceptance, and such an acceptance as is prescribed by this Act is refused or cannot be obtained; or (b) presentment for acceptance is excused and the bill is not accepted. (2) Subject to the provisions of this Act, if a bill is dishonoured by non-acceptance, a right of recourse against the drawer and indorsers immediately accrues to the holder, and no presentment for payment is necessary. 42 Duties as to and consequences of qualified acceptance (1) The holder of a bill may refuse to take a qualified acceptance, and, if he does not obtain an unqualified acceptance, may treat the bill as dishonoured by non-acceptance. (2) If a qualified acceptance is taken and the drawer or an indorser has not expressly or impliedly authorized the holder to take a qualified acceptance, or does not subsequently assent thereto, the drawer or such indorser is discharged from his liability on the bill: Provided that the provisions of this subsection do not apply to a partial acceptance whereof due notice has been given. (3) If the drawer or an indorser of a bill receives notice of a qualified acceptance, and does not within a reasonable time express his dissent to the holder, he shall be deemed to have assented thereto. Read the stuff in bold: “If a bill is dishonoured by non-acceptance a right of recourse against the drawer and indorsers immediately accrues to the holder and no presentment of payment is necessary”. This is why you are truly double-crossed. You refused to accept the bill, now they gonna send you a notice in the post to pay or go to court. If you go to court you are in dishonour and at the courts mercy.. bad situation to be in. So what you need to do when a traffic fine/court order/warrant is presented to you is this: 1. Acknowledge that you know it is a bill of exchange 2. Offer to accept the presentment of the original bill i.e. “I am open to you presenting to me of the original”. 3. If they give the original then indorse it. If they don’t give you the original then make out a protest bill and thus you do not sign (I mean why go into dishonour??) It’s funny when you read the statutes you will always find remedy, even if it is on the last page. The following part of the Act deals with proper presentment of the bill. Quote: 91 Presentment of note for payment (1) (a) If a note is in the body of it made payable at a particular place, it must be presented for payment at that place to render the maker liable, unless the particular place mentioned is the place of business of the payee and the note remains in his hands. (b) In no other case is presentment for payment necessary in order to render the maker liable. (2) Presentment for payment is necessary to render the indorser of a note liable. (3) (a) If a note is in the body of it made payable at a particular place, presentment at that place is necessary to render an indorser liable. (b) If a place of payment is indicated by way of memorandum only, presentment at that place is necessary to render an indorser liable; provided that presentment to the maker elsewhere, if sufficient in other respects, shall be sufficient to render an indorser liable. I am interested in the bold part above; you must be presented with the bill properly in order to be made liable for it. If your signature is on the bill then that is proof that it has been properly presented to you and that fact that they STILL have the original is proof that you dishonoured the bill by not accepting it… tricky! Tricky! The thing is – with traffic fines you are never presented with the bill properly, if you are not properly presented with the bill then it stands you are not liable for it… In this case the liability of the bill falls on the traffic officer who issued it. Once the traffic officer has refused to give you the original, you then protest the fact by using a notary and sending the protest to the finance minister. Some suggestions from the act: Quote: 98 Protest when notary not accessible (1) If a dishonoured bill or note is authorized to be protested, and the services of a notary cannot be obtained at the place where the bill or note is dishonoured, any landowner or householder of the place may, in the presence of two witnesses, give a certificate, signed by them, attesting the dishonour of the bill and such certificate shall in all respects operate as if it were a formal protest of the bill. [Sub-s. (1) substituted by s. 46 of Act 56 of 2000.] 30 (2) The form set out in the First Schedule may be used with the necessary modifications for such certificate, and if so used, shall be sufficient. Here is the form you can use: Quote: FORM OF PROTEST WHICH MAY IN TERMS OF SECTION ninety-eight BE USED WHEN THE SERVICES OF A NOTARY CANNOT BE OBTAINED Know all men that I, A. B., landowner or householder of _______________________ In the district of __________________________________________________________ at the request of C.D., there being no notary available, did on the _________ day of ______________________ 20_____ at __________________________________________ demand payment or acceptance from E.F., of the bill of exchange which or a copy of which is hereto annexed, to which demand he answered (state answer, if any) wherefore I now in the presence of G.H., and J.K., do protest the said bill of exchange. A.B. ____________________________ Witnesses: G.H. ____________________________ J.K. ____________________________ N.B. – The bill ___________________________________________________________________________ Here our printable version of the protest of bill