Rebuttal

Many people make this simple mistake and this is failing to rebut a claim, so why is this important? simply because an unrebutted claim stands as truth and truth becomes judgement in law.

Now we have two types of law, legal and lawful and understanding the difference is crucial.

Under legal a bailiff will come with a warrant on an I pad or similar and his role is to convince you this is legal and valid, but is it lawful? Many people already know that Lawful always trumps legal and anything legal must follow any lawful precedents so anything legal isn't following lawful and this is the first point.

Under lawful a warrant must be signed and have the name printed underneath it, if it comes from a real court it will be signed with a wet ink signature of a judge and have his/her name printed underneath it and it will also be stamped with the court seal, hence sealing the document, the judge has then complied with the law and is accepting liability for this document and if he/she is in error you can claim against his bond (which real judges never pay as the court pays it for them) and you will be compensated accordingly.

If lawful says any warrant must be signed in wet ink and have the judges name printed under itthen anything legal must as legal is inferior to lawful and anything inferior must also abide by the same standards, so if lawful says it must be done then anything legal must also do it.

If we take the pecking order of law a little further we see the highest order of law is "natural law" and nothing is superior to it, natural law is easily understood as it is natural, if it rains and you go out into it you get wet, or, if it is cold and icy outside it will be slippery, thats natural law and its really that simple. Below this we have commercial law and commercial law has 10 Maxims and these are powerful as not even a judge of any level will try to interfere with them as they date back to Roman Law. Using the 10 Maxims of Commercial Law immediately turns their legal warrant from legal into superior lawful Commercial Law which they are legally bound to follow in their own legislation; so what Maxims can we use?

Commercial Law Maxim 2) Equality Before The Law, this means exactly what it says, everyone is equal under the law.

Quoting this immediately puts them on the back foot as they are suggesting they are somehow superior to you when the Maxim says we are all equal and the more astute legal members of a company making claims know this and this can be your first shot across their bows.

Commercial Law Maxim 3) In Commerce Truth Is Sovereign, this simply means that if they are not telling the truth then their claim has no voracity and is invalid.

Commercial Law Maxim 4) Truth Is Expressed In The Forn Of An Affidavit, and this one is powerful as this has multiple meanings.
This means that their claim must be [b]true, corrrect and complete.
It also means that their claim must be signed as only a human being can accept liability abd as a company is a corpse it cannot accdept liability, so someone has to accept this claim by signing documentation, no signature means it is NOT true, correct, and complete as it is lacking the signature of the human being accepting liability for this claim.
It also means no proper transaction has taken place and they have to provide full accounting to substantiate their claim and this must also be signed.

So, read your correspondence and if it doesn't contain a signature it is not true and correct and it is incomplete, hence no transaction.
Nobody is accepting liability for this claim so again not true, correct as it is incomplete.
If it doesn't contain full accounting along with a signature then its not true, correct, and is incomplete.

Commercial Law Maxim 6) An Unrebutted Affidavit Becomes Judgement In Commerce, Maxim 6 states clearly that if you don't rebut their claims they get a default judgement and you give it to them by failing to rebut.

Now note the word COMMERCE as if they are demanding money from you it is commerce, a commercial transaction with payments (money or other equity) involved.

Commercial Law Maxim Whoever leaves The Battlefield First Loses By Default, this simply means they must rebut your claims, with substance, point by point; they fail to rebut one point then they lose by default.
So you offer them the chance to withdraw their claim using an Opportunuty To Withdraw notice.

Now you have all the information you need, you send them an affidavit and raise these points.

That you have failed to provide documentation with a signature.
And, that without a signature nobody is accepting liability for these claims.
And, as you have failed to provide full accounting complete with a signature.

You have clearly breached Commercial Law Maxim 4 on numerous occasions in that your claims are not true, correct, and are incomplete in commerce; therefore I fully rebut your claims and allegations due to your procedural impropriety as no proper transaction can be deemed to have occured.

You can also have a little fun as I recently did when a council claimed they were acting as "the Authority" tried to fine me, I visited their website and found the figures for the number of residents in that county and copied it and printed them off and stated that we are governed by consent when they quoted acts.
I Informed them that as we are governed by consent I require all 260,000 copies from all residents signed in wet ink proving that they consented to this act and that without it there is no consent and this act cannot be acted under without this consent.

They backpeddled quicker tham a WWII Italian tank.

Dont forget, always rebut, its basic stuff.

Thanks Assassin, very helpful.

Is Trust Law the highest form of Commercial Law?

No, trust law is its own form of law, yet is covered by lawful common law which means it can be covered by Commercial Law.

assassin thats helped me with a lot of points,
champion good stuff,
where do you find the Commercial Law Maxim 2 etc
my problem is templates of affidavit etc things like this are not easy for me to create

Search the 10 commercial law maxims and download, Google is your friend.

moved to Law resources, feel free to find a better place assassin!

Fine by me Lopsum.