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Affidavit of Discharge
I didn't create this document. I give honor to the parties that did. Usage depends on the situation. Always study to get clarity for yourself. If you don't know, seek competent counsel. Best regards......
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AFFIDAVIT OF DISCHARGE AND LEGAL TENDER ACKNOWLEDGEMENT
BY Michael P. Miglietta, Executor
Michael-P.: Miglietta, Executor
c/o 10 Kane Street
Southington, Connecticut [06489], Affiant RE: Legal Tender & Discharge
I, Michael P. Miglietta, Executor, hereinafter referred to as Affiant, hereby certify and declare under
penalty of perjury on the unlimited commercial liability of Affiant, on and for the public record, that the
following facts are true, and correct to the best of the Affiants personal knowledge, understanding and
belief.
Affiant declares that:
1, Affiant is of the age of majority, of sound mind and competent to testify
a Affiant is domiciled in the nation/state Connecticut, a member republic of the Union
established by the articles of confederation and later perfected by the addition of the
Constitution of the United States.
3. __Affiant is a national of the nation/state Connecticut, as contemplated by the act of
Congress evidenced and restated at 8 U.S.C. § 1101(a)(2).
4. Affiant is aware and knows that the U.S. Bankruptcy is verified in Senate
Report No. 93-549 93" Congress, 1* Session (1973), “Summary of
Emergency Power Statutes,” Executive Orders 6073, 6102, 6111 and by
Executive Order 6260 on March 9, 1933, under the "Trading With The Enemy
Act’ (Sixty-Fifth Congress, Session I, Chapters 105, 106, October 6, 1917),
and as a further codified at 12 U.S.C.A. 95(a) and (b) as amended
5. _Affiant is aware and knows that any transaction to discharge debt liability is in
accordance and compliance with UCC 3-104; Title IV, Sec 401(FRA); USC
Title 12; USC Title 28, §§ 1631, 3002; and the Foreign Sovereign Immunity
Act under necessity, in light of the fact that the several States are in violation
of Article I, Section X of the U.S. Constitution.
6. __Affiant is aware and knows that the Affiant as the Undersigned Secured Party
is “Holder in Due Course” of the Preferred Stock (United States - February
21, 1871; 16 Stat |. 419): and holds a prior, superior, security interest and
claim on the DEBTOR and Debtor's property.
7. Affiant is aware and knows that any documents transmitted on behalf of the
Debtor to discharge debt liability on behalf of the Debtor are in full accord with
HJR-192 (June 5, 1933), Public Law 73-10, UCC 3-419, 1-104 and 10-104.
8. _Affiant is aware and knows that Affiant is “Holder in Due Course” of the
deficient account by Affiant’s acceptance and retains first priority; and by said
acceptance of any “claim(s)" has eliminated any controversy in the matters by
exhaustion of the Affiant's private administrative process/remedy under
necessity supported by scripture and ‘Self Help’ via UCC 1-201 (34) per
Official Comments — “Remedy’ and Affiant is not protesting on behalf of the
Debtor.
9. _Affiant is aware and knows that the undersigned Affiant has been estopped
from using and has no access to ‘lawful constitutional money of exchange’
(See U.S. Constitution - Art. | § X) to ‘PAY DEBTS AT LAW,’ and pursuant to
HJR-192, can only discharge fines, fees, debts, and judgments ‘dollar for
dollar’ via commercial paper or upon Affiant's exemption.
10. __Affiant is aware and knows that legal tender, under the Uniform Commercial
Code (U.C.C.), Section 1-201 (24) (Official Comment); “The referenced
Official Comment notes that the definition of money is not limited to legal
tender under the U.C.C. The test adopted is that of sanction of government,
whether by authorization before issue or adoption afterward, which
recognizes the circulating medium as a part of the official currency of the
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AFFIDAVIT OF DISCHARGE AND LEGAL TENDER ACKNOWLEDGEMENTgovernment. The narrow view that money is limited to legal tender is
rejected.”
11. Affiant is aware and knows that the Federal Reserve Bank of Chicago in its
booklet: MODERN MONEY MECHANICS page 3, states: “In the United
States neither paper currency [e.g., Federal Reserve Notes] nor deposits
have value as commodities. Intrinsically, a dollar bill is just a piece of paper,
deposits merely book entries.” The acceptance of said “currency” is merely a
“confidence” game predicated upon the people's faith or “confidence” that
these currencies/instruments can be exchanged/accepted for goods and
services.
12. Affiant relies upon and is aware and knows that the “giving a (Federal
Reserve) note does not constitute payment.” See Echart v Commissioners
C.C.A., 42 Fd2d 158.
13. _Affiant is aware and knows that the use of a (federal reserve) ‘Note’ is only a
promise to pay. See Fidelity Savings v Grimes, 131 P2d 894.
14, Affiant is aware and knows that legal tender (Federal Reserve) Notes are not
good and lawful money of the United States. See Rains v State, 226 S.W.
189.
15. _Affiant is aware and knows that (federal reserve) ‘Notes do not operate as
payment in the absences of an agreement that they shall constitute
payment.” See Blachshear Mfg. Co. v Harrell , 2 S.E. 2d 766.
16. Affiant is aware and knows that Federal Reserve Notes are valueless. See
IRS Codes Section 1.1001-1 (4657) C.C.H.).
17. __Affiant is aware and knows that in light of the holding of Fidelity Bank
Guarantee vs. Henwood, 307 U.S. 847 (1939), and taking notice of ...’As of
October 27, 1977, legal tender for discharge of debt is no longer
required. That is because legal tender is not in circulation at par with
promises to pay credit. There can be no requirement of repayment in legal
tender either, since legal tender was not loaned [nor in circulation] and
repayment [or payment] need only be made in equivalent kind; A negotiable
instrument.”
18. _Affiant is aware and knows that the various and numerous references to
Case Law, Legislative History, State and Federal Statutes/Codes, Federal
Reserve Bank Publications, Supreme Court decisions, the Uniform
Commercial Code, U.S. organic Constitution, State Constitutions, and general
recognized maxims of Law as cited herein and throughout, establish the
following:
a. That the U.S. federal government did totally and completely debase the
organic lawful constitutional coin of the several states of the Union and of
the United States; and
b. That the federal government and the several united States have, and
continue to, breach the express mandates of Article |, §§ 8 & 10 of the federal
Constitution regarding the minting and circulation of lawful coin; and
c. That the lawful coin (ie. organic medium of exchange) and the former
ability to PAY debts — has been replaced with fiat, paper currency, with the
limited capacity to only DISCHARGE debts; and
d. That the Congress of the United States did legislate and provide the
American people a remedy/means to discharge all debts “dollar for dollar’ via
HJR 192 ~ due to the declared Bankruptcy of the Corporate United States via
the abolishment of constitutional coin and currency; and
€. That the corporate United States, the several states of the Union,
intergovernmental organizations, and other nations of the world recognize this
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AFFIDAVIT OF DISCHARGE AND LEGAL TENDER ACKNOWLEDGEMENTcurrent, circulating medium of exchange as commercial paper/instruments,
negotiable or non-negotiable, the same being accepted as legal tender or
money, etc., as set forth in the Uniform Commercial Code; and
f. That the Affiant’s acceptance of any monetary/debt presentment and/or
demand for payment as presented by any person, natural or corporate, can
be returned for discharge, the same constituting the negotiable instrument so
bearing the exemption of the Affiant upon any said monetary/debt
presentment and/or demand for payment as a non-cash accrual item is but
another form of legal tender, money, currency emanating from the Creditor
19. Affiant is aware and knows that pursuant to ‘State and Federal’ TENDER OF
PAYMENT statutes;
“Whatever is tendered as payment, whether property, money or an instrument, if
accepted, the debt is discharged.”
20. _Affiant is aware and knows that the United States has a treaty with the
Universal Postal Union (UPU) in Bern Switzerland.
21. Affiant is aware and knows that the terms and conditions of said treaty must
be followed by all who choose to use the United States Postal Service for all
mailings.
22. _ Affiant is aware and knows that all complaints of mail fraud can be handled
through the UPU.
23. _Affiant is aware and knows that in the event of any opposition to this
“Affidavit of Michael P. Miglietta EXECUTOR’ the opposition must be done
by rebutting each and every point, point by point and making said rebuttal
public record.
24. — Affiant has nothing further to state at this time.
25. If this acquisitioning mechanism is denied for any reason, denying Michael P.
Miglietta EXECUTOR his right to draw upon his claim and interest in the Gold held
by the Treasury of the United States of America and his deficiency payment caused
by the WAR AND EMERGENCY ACT (Executive Order(s) 2039 and 2040), under
public policy (private law) of the ‘New Deal’ Cheap Food Policy (and others), then
this act will be in direct violation of the Constitution for the united States of America,
seventeen-hundred and eighty-seven, because involuntary servitude has been
abolished, and the undersigned, pursuant to his First Amendment Right, one of those
Rights public servants are obligated to protect, to not be compelled to be a part of a
corporation, church, communistic State or to make self-sacrifice to a false god.
26. This form of acquisition, secured by Accounts receivable (on Deposit with the
Treasury) for non-payment by the United States Treasury, and for the purpose of
discharging payment in like kind, debt-for-debt, which is the only means by which
Michael P. _Miglietta EXECUTOR here has of discharging the debt placed on him
by the UNITED STATES (and ‘its’ subsidiaries), This letter and the IRS forms
accompanying it constitute a discharge, should the need occur, under bankruptcy and
insolvency, placed upon the undersigned by the before mentioned Executive Order(s)
2039 and 2040 of March 6, 1933 and March 9, 1933.
As affirmation, I affirm that in accordance with the best of Affiant’s firsthand knowledge and
conviction the foregoing is true, correct, and not misleading,
‘The same under asseveration
Date: BZ. Ls Signed WY kgs
Michael P- figlietta, Executor!
JURAT,
STATE OF CONNECTICUT)
COUNTY OF HARTFORD, Hartford )
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AFFIDAVIT OF DISCHARGE AND LEGAL TENDER ACKNOWLEDGEMENTMichael P. Miglietta appeared to me on haa ah 18 + 2015 to testify to the
statements in the above affidavit and to attach his signature to this instrument.
Notary Public signs
Notary Public for the State of CONNEC ; Ro ae RightsReserved
My commission expires ghipur
Copy Right by|Reservayj
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AFFIDAVIT OF DISCHARGE AND LEGAL TENDER ACKNOWLEDGEMENT