Consumer complaint received 2023-11-16
Company: HarrisLoftus, PLLC
State: VA
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
1. Comes Now, Executor of the Precedent Vested Estate XXXX XXXX, with power of attorney here to settle all matters dealing with the principal debtor. As an Investor of the United States, Certificated Security Holder of the principal debtor/Franchise/Cestui que Trust. XXXX XXXX, I have dominion over all rights/interest of the principal debtor, all enjoyments, proceeds, titles, deeds, bonds, chattel papers and securities are due unto me as I have the right of subrogation as the holder in due course. 

By protestation not confessing or acknowledging all or any of the matters and things in the said bill of complaints contained, to be true, in such manner and form as the same are therein and thereby set forth and alleged, I demur to said bill, and for cause of my demurrer shows, that your claim holds no substance in law there is no injured party here to make any claim under penalty and perjury in law. Nor do I have the original bill of particular/presentment in order to do equity or carry out the commercial duties of the Precedent vested Estate.

2. Can you show proof of your authority/possession of the Certificated Security of the principal debtor in order to legislate over any property of the principal debtor? I am here for all securities and chattel papers of this account/case, can you produce the original bill of presentment so that I may do equity and transfer all securities and chattel papers to you to settle all obligations of this mutual account?

3. This matter has created a constructive trust by you taking private property of the Precedent vested Estate and using it in the public to settle the public interest without just compensation to the Precedent Estate. Whereas I now accept all securities in equity as redemption. I accept all charges on the accounts and I am releasing/assigning all claims and transferring all chattel papers and securities of the principal debtor and appointing you as fiduciary to settle charges within the Public and Private of this mutual account immediately.

4. If you choose not to do equity then there is no sufficient claim, and there is no injured party with a claim under penalty and perjury therefore the court order is null and void. This case is either satisfied or nullified there are no other eventualities. You are attempting a distortion and robbery of all chattel papers and securities, within the misuse of the Social Security Account of the Precedent Estate with your aggressive approach with deception, misrepresentation, Fraud and threats of garnishments and fines in which you do not have an injured party to make a claim against the Precedent vested Estate. Your violations are pursuant to 42 USC 408.

5. WHEREAS As all government entities and alleged private corporations must be a creature of the American Constitution, this is a formal Request and Command for you to produce for the record, the Legislative Act that created your Authority to 1 ) enforce an instrument you are not in possession of, 2 ) or to enforce an instrument that was destroyed by way of securitization a voluntary act to discharge all debt. 3 ) Prove your authority to legislate over the Property of the Precedent Estate. Take notice that a de facto basis for powers of authority is not sufficient in this matter. Failure to provide proof of your de jure authority constitutes your actions as ultra vires and by operation of law your Bond/Charter is dissolved by usurping powers you do not have, a trust arises, and I become beneficiary of said trust. As beneficiary to your dissolution, I special deposit for credit on account and order all debts be paid from your capital stock.

6. Claiming there is an alleged debt when the Bill/note was destroyed by way of securitization therefore fully discharging all debt between parties according to U.C.C 3-604 ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 

This is fraud and misrepresentation of the material facts, the character and legal amount of debt. This is an ultra vires act, usurping powers that are not within your charter/Bond nor authorized by law. 

Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entities party deceived to avoid contract or recover damages. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX F XXXX XXXX. 

XXXX XXXX XXXX said : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked to often. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX. Conclusion : Do you have the original bill of particular/presentment ( negotiable instrument ) in your possession to enforce the instrument to seek payments of a debt? Can you prove that you did not discharge all debts by destroying the original bill of particular/presentment by way of securitization? Do you have the certificated security instrument issued by the United States to show proof of possession over the principal debtor for subrogation rights over all proceeds of the principal debtor. 

8. If you can not provide proof of possession of the original bill of presentment to enforce the instrument to seek payments of debt according to UCC 3-301 or provide proof the original bill of presentment was not destroyed by way of securitization, I demand for this case to be discharged with prejudice immediately and all obligations are fully satisfied. I pray to be discharged with reasonable costs of my labor and service in this behalf sustained.

9. Fees for Services : See Fee Schedule Attached 1. Summons, Court Notices without XXXX {$10000.00} 2. Responsive Communication {$250.00} a page= 4 pages {$1000.00} 3. Review and Research for responsive communications XXXX XXXXhour Total= {$11000.00} 1. You now have 5 days to fully answer and or rebut all claims that has been made within this affidavit and show proof of your possession of the original bill and or you did not destroy the bill by way of securitization. If you choose not to answer I will assume you have XXXX all debts and fully settled this mutual account. Be fully aware your silence is accepted as consent and a Quo warranto will be filed for you ultra vires acts against the Public Interest if you choose to pursue this matter any further. I will be filing IRS FORMS F56, 709 United States Gift Tax, 1099A, 1099B, to Report Taxes of this particular matter.

I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. 28 USC 1746 Executor Office, XXXX XXXX, Precedent Estate, non-citizen, National of the United States, Certificated Security Holder Power of Attorney in Fact

Company response to consumer: Closed with explanation