DEALING WITH ANY DEMANDS FROM SARS

SARS

Agent Name

#Title / Position

Postal Address
City  

Postal Code

Date: April 19, 2024
WITHOUT PREJUDICE 

Pursuant to UCC 1-308

(Proof of Validation of Debt) 

Notice to agent is notice to principal; notice to principal is notice to agent.

REGARDING: Notice of Demand for Verified Assessment for Year 20–,
account #000- 00- 0000;

DEMAND TO CEASE AND DESIST ABUSIVE COLLECTION PRACTICES

Good day to the Commissioner of SARS, Edward Kieswetter or Agent Name

If the email is from an unknown person:  To Whom This May Concern:, 

1) “You” are herein demanded by the undersigned to verify that You, and Your delegates’, collection activities and performances are within Your official duties as the officer or employee or assignee of the Republic of South Africa, Government; and specifically,  

2) You are demanded by the undersigned to cause to be prepared and produced to the undersigned written verified assessment(s) concerning all alleged or presumed liability and thereby, outstanding debt for any and all taxable years currently in question re account # 000- 00- 0000, including, but not limited to, calendar year 20–; and, 20–)

3) You are hereby noticed: You are not authorized to present yourself, or cause your delegate to take the liberty to appear at My dwelling(s) or work  place(s) as such practice gives cause to intimidate Me, causes Me to suffer undue duress and distress and is absolutely unnecessary.

4) Such presumptive and thereby, summary liberties are by their nature, abusive collection practices and recognized as such pursuant to the Republic of South Africa, law. 

5) You are herein noticed that until You have duly provided to Me the herein referenced verified assessment(s) for any and all alleged liability and therefore alleged debt that all further activity by You or Your delegates, including, but not limited to, failed reimbursement of prior under color collections having not been verified by assessment, or the continued abuse of the collection process pursuant to Title 15 of an unverified liability or debt, is willful and abusive practice and categorically willful and direct violation of  the  federal law and, 

6) You are noticed that henceforth, I authorize You to contact Me only by mail at the mailing address above; and, 

7) You have 30 business days to act in accordance with this demand requiring substantive due process pursuant to Title 15 and in accordance with the Fair Debt Collection Practices Act.

I anticipate Your timely cooperation in remediation of the aforesaid alleged liability(s) and debt(s), the immediate cessation of abusive practices by You and Your delegates, and the appropriate prompt return of all personal property plus interest.

By  : john-henry : of the family: doe : LS, living free man:

  
______________________________

Authorized Representative with Power of Attorney over JOHN HENRY DOE.

Without the Republic of South Africa

WITHOUT PREJUDICE 

Pursuant to UCC 1-308

cc : Margie Rollinson, IRS Chief Counsel
Washington, DC

Fax: 855-573-7040

SEND THE BELOW AFFIDAVIT WITH. 

 (REPLACE:   john-henry doe and JOHN HENRY DOE, with your name and surname, NAME AND SURNAME) Autograph in purple.

AFFIDAVIT OF TRUTH
By  : john-henry: of the family: doe: LS, living free man:　

ss#0000-00-0000 or id: #000000 0000 00 0　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　

April 19, 2024

WITHOUT PREJUDICE 

Pursuant to UCC 1-308

Notice to agent is notice to principal; notice to principal is notice to agent.

VERIFIED DECLARATION　

To: Whom it may concern:

In the Matter for JOHN HENRY DOE, DOE JOHN HENRY, J.H DOE, Mr John Henry Doe, including any and all derivations and variations in the spelling thereof.
ss#0000-00-0000 or id: #000000 0000 00 0

WHEREAS, the public record is the highest form of evidence, I, : john-henry: of the family: doe: LS, living free man: am hereby timely creating for the public record by this Affidavit and by Verified Declaration within the jurisdiction of south africa, the republic and the united  States of America.

PLAIN STATEMENT OF FACTS

1. Fact: I, : john-henry: of the family: doe: LS, living free man: , have not seen or been presented with any substantive offer of proof or evidence which demonstrates that, primarily, the entity known as the SARS, INTERNAL REVENUE SERVICE is anything other than a foreign entity, having its origin and headquarters in the territorial jurisdiction of the territory of Puerto Rico and thereby, being nothing more, than a mere rogue collection agency employing agents to operate in the nature of privateers , while at all times, said agents are encouraged to presume to employ collection/prize measures in the form of Marque and Reprisal i.e. pillage and plunder in the said agent’s private and thereby, personal capacity for the express purpose to unjustly enrich themselves;

2. Fact: I,  : john-henry: of the family: doe: LS, living free man:  have not seen or been presented with any substantive offer of evidence which demonstrates the entity known as SARS, INTERNAL REVENUE SERVICE is in fact, a registered entity, not to be confused as the corporation registered in South Africa, and firmly believe that  SARS, the said INTERNAL REVENUE SERVICE cannot in fact, make a valid offer of proof of its substantive existence other than a private entity;

3. Fact: I, : john-henry: of the family: doe: LS, living free man: have not seen or been presented with an offer of proof of verifiable evidence which demonstrates that SARS, INTERNAL REVENUE SERVICE is anything other than a wholly private entity presuming to act under color of law while at all times, masquerading as a duly authorized government taxing agency for enforcement and collection purposes;

4. Fact: I,  : john-henry: of the family: doe: LS, living free man:  have not seen or been presented with an offer of proof, that any verifiable evidence is available to demonstrate, SARS, INTERNAL REVENUE SERVICE is exempted to comply with the letter of law re Title 15 chapter 41 subchapter V  § 1962;       

By  : john-henry : of the family: doe : LS, living free man:

  
______________________________

Authorized Representative with Power of Attorney over JOHN HENRY DOE.

Without the Republic of South Africa

WITHOUT PREJUDICE 

Pursuant to UCC 1-308

cc : Margie Rollinson, IRS Chief Counsel
Washington, DC

Fax: 855-573-7040

NOTARY PUBLIC

On the ___ day of ________, 2024, : john-henry: of the family doe: LS, living free man,: Here personally appeared before me and proved to me on the basis of satisfactory evidence to be the LS, living man:  whose name is subscribed hereto and acknowledged to me that he executed the same under asseveration, and accepts the facts thereof.  Subscribed and affirmed before me this day.  

Witness my hand and seal this ____ day of __________, 2024.

Notary Signature 

My Commission expires on the ____ day of ____________, 2024.

Notary Seal

CHAPTER 41  SUBCHAPTER V § 1692

§ 1692. Congressional findings and declaration of purpose

(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

(b) Inadequacy of laws
Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

(c) Available non-abusive collection methods
Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

(d) Interstate commerce
Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

(e) Purposes
It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

§ 1692a. Definitions

As used in this subchapter—

(1) The term “Commission” means the Federal Trade Commission.

(2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.

(3) The term “consumer” means any natural person obligated or allegedly obligated to pay any debt. (Remember, these administrative territorial district courts/tribunals due to their exclusive mercantile nature, can’t address the natural person as said courts have no authority to directly interact with a substantive and thereby biological party as they don’t hold title to that property. Paper to paper, flesh to flesh and never the twains shall meet.)

(4) The term “creditor” means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.

(5) The term “debt” means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

(6) The term “debt collector” means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.  Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f(6) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include—

(A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(B) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(C) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties;

(D) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt;

(E) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors; and

(F) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity

(i) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement;
(ii) concerns a debt which was originated by such person;
(iii) concerns a debt which was not in default at the time it was obtained by such person; or
(iv) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.

(7) The term “location information” means a consumer’s place of abode and his telephone number at such place, or his place of employment.

(8) The term “State“means(please note it says means here instead of includes) any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing.

§ 1692b. Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

(1)identify himself(using a pseudonym is not identifying oneself), state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt (IRS forms violate this);

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt (IRS forms violate this”); and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.

§ 1692c. Communication in connection with debt collection
(a) Communication with the consumer generally
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

(b) Communication with third parties
Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) Ceasing communication

If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—

(1) to advise the consumer that the debt collector’s further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.
(d) “Consumer” defined

For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

§ 1692d. Harassment or abuse

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a(f) or 1681b(3)[1] of this title.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

§ 1692e. False or misleading representations (the IRS violates every provision in this section)

A debt collector may not use any false, deceptive, or misleading representation (IRS forms violate this in several ways)or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1)The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimilethereof.(way too many violations by IRS agents to list for this one)

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to—

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this subchapter.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a(f)of this title.

§ 1692f. Unfair practices

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector’s intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any non-judicial action to effect dispossession or disablement of property if—

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

Summary                                                                         

This is very, very important:                                                                                                    

If you invoke Title 26 you stay under Administrative law (E) and you can not use Constitutional and/or human rights as your defense since they do not exist in Administrative law (E), which is for corporations.  

The IRS has the authority under Administrative law (E) to move the proceedings to Criminal law (F) since both laws are relegated under Public law (A). If you invoke Title 15 you have moved over to private law (B) and are to be considered a natural person, human being, and have Constitutional rights. Plus the IRS can not move a case form Private law which is its own entity to Criminal law (F) since that is under Public law (A).

Definitions of laws:

In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens. Generally speaking, private law is the area of law in a society that affects the relationships between individuals or groups without the intervention of the state or government. In many cases the public/private law distinction is confounded by laws that regulate private relations while having been passed by legislative enactment.

 In some cases these public statutes are known as laws of public order, as private individuals do not have the right to break them and any attempt to circumvent such laws is void as against public policy.

A) Public law is the law governing the relationship between individuals (citizens, companies) and the state. Constitutional law, administrative law and criminal law are sub-divisions of public law.

B) Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, non-profit organizations) and the state including regulatory statutes, penal law and other law that effects the public order.

C) Corporate law refers to the law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies  Technically, a company is a juristic person which has a separate legal identity from its shareholding members,  and is ordinarily incorporated to undertake commercial business.

D) Constitutional law deals with the relationship between the state and individual, and the relationships between different branches of the state, such as the executive, the legislative and the judiciary.

E) Administrative law refers to the body of law which regulates bureaucratic managerial procedures and is administered by the executive branch of a government and to the body of law that defines the powers of administrative agencies; rather than the judicial or legislative branches (if they are different in that particular jurisdiction). This body of law regulates international trade, manufacturing, pollution, taxation, and the like. Also called regulatory law, it is the body of law that arises from the activities of administrative agencies of government. 

Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law expanded greatly during the twentieth century.

F) Criminal law involves the state imposing sanctions for crimes committed by individuals so that society can achieve justice and a peaceable social order. This differs from Civil law in that civil actions are disputes between two parties that are not of significant public concern.