DEBT
ASSUMPTION
An Overview
from
Freeman Legal Services and
WeRe Bank
The main mechanisms we
use for the debt write off are lawfully preserved in two principal
pieces of legislation. One is the Bills of Exchange Act 1882
concerning promissory notes, drafts, orders and money as well as
Uniform Commercial Code which IS THE GOVERNING COMMERCIAL LAW OF THE
PLANET. We also use the law of contract under common law as used in
the Royal Courts of Justice Queens Bench Division, Commercial
section.
The principle code under
UCC is article 3 and we suggest that you familiarize yourself with
some of its terms. Eventually, if you are going to go ahead with your
campaign you may want to, though you don't have to, put your view
across to others. It is always advisable to know a little about what
you're talking about. Freeman Legal Services is only the mechanism –
you are its functioning.
THE MECHANICS
The main steps are as
follows.
- You decide you wish to jettison your debts lawfully and to the letter of the law.
- You then decide which ones to jettison – any or all it makes little difference.
- Then you may wish to fill in a temporary and specific Power of Attorney form giving us the right to ask for information on your behalf. If you prefer not to do this then you will write to the individual creditors and inform them that you have passed over your debt burdens to Freeman Legal Services and/or WeRe Bank. From that point they will address all correspondence to us.
- We will then inform these agencies that WeRe prepared to redeem IN FULL the amounts “owed” ON CONDITION THAT THE CREDITOR RETURN THE ORIGINAL CONTRACT NOTE/LOAN NOTE OR PROMISSORY NOTE TO US/YOU. If they will NOT do this via the post then we will arrange to visit a “mutually acceptable location” for the presentment. What we have now done in this step is PREVENTED THEM FROM TAKING ANY FURTHER LEGAL ACTION against you as you have offered to settle in full the contract/ note and an offer to SETTLE IN FULL IS THE NEXT BEST THING TO CASH THERE IS!
- Should the original creditor have sold on the debt then we initiate this same action with that agency. If they cannot or will not produce the original note then they are estopped from further action. This is called permanent, total, irrevocable, estoppel by acquiescence.
- Should any “unseated creditor” continue to pester you then we will initiate action against them under both 2007 Anti Money Laundering legislation as well as the Theft Act 1968 S.17 “false accounting” and attempting to gain money by deception (see relevant section) in the Uk and under RICO 1977 in all other jurisdictions.
- All presentments follow the law of Agent and Principal.
- No redeemable currency exists.
- Promissory notes are acceptable and valid on both sides.
- WeRe Bank and Freeman Legal Services will give you CLEAR TITLE TO YOUR GOODS verified via a Common Law Court of Record.
- Your WeRe account will be credited with funds to the value of the redeemed debt over 2 (two) eg 180,000/2 = 90,000 Re
- Your actions will help to further a just, equitable and fair financial system and fund community projects which are REAL projects and not meaningless distractive agendas and “sugared over feel-good” trinkets.
Motivational
Words!
You should remember that
these organisations are fully criminal in intent but wish for an easy
life. They do not want to pick up difficult customers – the more
difficult you are the more likely they will see reason and go away.
REMEMBER you cannot be taken before a judge if you have made an
UNCONDITIONAL OFFER TO REDEEM THE NOTE in full.
The degree and extent of
the deceit perpetrated upon you and your ancestors is of such
enormity that you cannot, I assure you, comprehend it fully! So
please discontinue the internal dialogue in your brain now! “Should
I? Shouldn't I?” “is it moral that which I undertake?” “What
will the magistrate say, the court, my neighbours, the press?”
Forget the lot! The entire bunch are thieves and criminals who will
party over your pauper's grave. They mean you no good – so use
knowledge of the law to beat them at their own game. If you want it ,
the remedy, it is there for you now to accept! No more excuses. Mr
Nathan Rothschild – here we come.
The best
deal on the planet - WeRe Bank
In addition to this bonus
the moment that you assign your debt over to Freeman Legal Services
we will open an account for you at WeRe Bank for the EXACT SAME
AMOUNT AS YOUR DEBT BURDEN divided by 2 and denominated in Re – the
unit of currency of WeRe Bank. This figure the denominator may change
but you will be informed of the number before you commit.
Your debt will then
become an asset of the bank and will be written off in the PUBLIC
side of the commercial arena (bankers casino world) BUT will remain
fully ALIVE ON THE PRIVATE! This will then give you spendable
currency within the Freeman Community and anywhere that the Re – as
a unit – is accepted. If you wish at any time to have your debts
returned to you then all you do is notify your original creditors and
resume your payments to them. They will be ALL TOO EAGER, we assure
you TO ACCEPT CASH OR CHEQUE FROM YOU VIA THE NORMAL ROUTE. We
mention this just to give you the opportunity to opt back into the
system should you feel inclined to so do!
Some of the
terms, the rationale and other information
Concept of Assignment
of Credit:
This is an agreement
whereby credits, rights or actions pertaining to a person (called
assignor) are transferred by him to another (called assignee) either
onerously or gratuitously who acquires the power to enforce the same
against the debtors.
a contract by which
the owner of a credit transfers to another his rights and actions
against a third personin consideration of a price certain in money or
its equivalent.
Illustration: Debtor
owes Creditor P10,000. Creditor assigns his credit right (right to
collect) to A for a consideration with notice to debtor. Parties:
Creditor is the assignor, A is the assignee. Effect of the assignment
of credit: D will have to make his payment to A (assignee) and no
longer to C (assignor)
Concept of Debt
Assumption.
Debt assumption is the
same as the concept of credit assignment BUT FOR THE BENEFIT of the
DEBTOR. The idea is that if someone is prepared to accept your debt
and take it on on your behalf under full commercial liability then
YOU have the right to so transfer it. The creditor would have you
believe that you MUST first get their permission but this is only
“false presumption” and holds no sway with us. The degree of
criminality and deceit as well as sheer open theft on behalf of the
banking unions and cartels more than prevents them crying foul on
this one. Their debts (deemed as assets by the lending institutions)
are immoral and the US govt in refusing to repay debts to Iraq cited
“immoral debt” as being sufficient grounds for not honouring the
presumed duty to repay!
http://removingtheshackles.blogspot.com.au/2012/09/assange-ecuador-and-big-bad-wolf.html
What
is Freeman Legal Services?
Freeman Legal Services is
a service provider to those interested in the freeman movement and
all its remedies (so called). Many people who have tried to embrace
the freeman movement have fallen foul of procedural traps and pits
which the Judiciary lay out for them. Some small gains are highly
hyped to make it seem as if there is a successful route or formula of
action against the injustice system only for the next freeman who
tries the same to end up in a desperate situation. The Service aims
to clarify, unify and professionalize the movement and provide a
strong and defensible line of truth which the corrupt judiciary and
its “barrister bagmen” and “loath-full lawyers” cannot
surmount or cross. It further aims to remove the jargon and legalese
which confronts all beings in the attempt to trick them with
complicated words, laws, statutes and phrases which only a “well
schooled baboon” can comprehend.
To this extent we deliver
an arena for all litigation which is a Common Law Court of Record and
issue all our lawful documentation under the full weight of the
common law – the highest law of the land. For those of a more
spiritual persuasion then we would like to suggest that there is an
egregor of beings working with us who will guide and protect those
working with us and through us. The proof of the pudding though, as
they say, is always in the eating!
Who is Peter of
England?
Peter of England is an
idea, a concept if you will, standing for justice, tolerance and
truth. It seeks to release people from fear, ignorance and
superstition and reveal the truth which TPTB wish to keep hidden. To
this extent Peter of England may be seen as a threat to organised
governments and the global elite and their controlling blood-line
families. This threat where it is real is real and where imagined is
imagined!
What is a Power of Attorney form?
A power of
attorney (POA) or letter of attorney is a written
authorization to represent or act on another's behalf in private
affairs, business, or some other legal matter. The person authorizing
the other to act is the principal, grantor, or donor
(of the power). The one authorized to act is the agent
or attorney[1]
or, in some common
law jurisdictions, the attorney-in-fact. Formerly, a power
referred to an instrument
under seal while a letter was an instrument under hand, but today
both are signed by the donor, and therefore there is no difference
between the two
Why the need for a
Certified Copy of the Birth Certificate?
Your birth certificate is
the proof positive that you have been lied to, stolen from, deceived
and most unsympathetically treated. It proves that nothing on the
PUBLIC side of commerce (govt. state. city) can be generated without
YOU and by that we mean via your energy. Ergo, you are exempt from
taxation and levy by right of birth. Only your signature counts for
anything as regards any PUBLIC transaction. On the private side you
can pay for lemons with oranges – but on the PUBLIC you have been
forced into using “slave currency” issued by the Bank of England
a private company formed in 1698 by the Bank of England Act. Your
money was stolen and they issued you with “monopoly money” from
Magic Bank.
The birth certificate
when used correctly brings FRAUD into the court, proving that you are
both “settlor and beneficiary” to “something, somewhere” not
controlled by you! and the prosecution and judge cannot but admit to
it. The birth certificate places the Secretary of the Treasury in the
USA and the Chancellor of the Exchequer, in the UK in the position of
securities intermediary/agent under Uniform Commercial Code (UCC) and
gives him onerous responsibilities to the 'securities holder” -
YOU!
The birth certificate is
the proof that something is going on which has been kept from you,
that there is a PUBLIC side and “private side” to all commerce
and that the country was bankrupted in 1931 when Britain was taken
off the Gold Standard. Prior to this your £ note was redeemable in
gold.. From that point on you were forced to pay ALL debts [PUBLIC]
with Bank of England promissory notes backed by nothing but thin air.
You were also forced to pay all private debts this way too and the
line of credit promised to you (by way of the Secret Bretton Woods
Agreement, 1944) was reneged upon and the line withdrawn.
Money, contrary to
popular brain-washed belief, has never paid for anything and never
will. Goods and services can only be paid for with goods and
services. The details will be provided later to those interested. For
now it is sufficient to note that only approximately 5% of global
money is to be found in notes and coin. Yes, that's right 5%. So that
leaves a staggering 95% in “cheque book money” or 'bank-ledger”
money – in effect just digits on a glowing screen typed in by a
clerk.
The Trust
Fund – The Holy Grail is buried in Switzerland
All the wealth which has
been accumulated to date on the planet belongs to those who created
it and inherited that wealth – not the Illuminati but you. The
Illuminati, to you are like a wicked step-father who has failed to
tell you of the trust fund left for you by your real father. He has
lied to you, tricked you and even bought you off and/or killed you in
the past to keep this stash of wealth secreted away. That wealth is
known of and belongs to you via a Trust which was set up for you and
the planet in 1944 just prior to the end of WW2, under the promise
that all humanitarian aid and requirements for the people would be
paid from out of it. The Universal Declaration of Human Rights was a
charter to go along with it. Unfortunately, the engineers of the
trust agreement, the global elite bankers, reneged on the promise and
stole the loot before the ink was dry on the contract. The war was
deliberately begun to fuel and further 2 principle agendas:
- To harvest all the planetary gold in order to bankrupt the nations who may wish to baulk at the proposed Bretton Woods Secret Agreement signed in Bretton Woods, New Hampshire 1944. This plan was drawn up to confiscate anything which would allow a country to enjoy “FINALITY OF SETTLEMENT”
- Create a homeland for Zionism – the Zionists killed many of their bretheren (so called) to create sufficient outrage in order that NO ONE could or would possibly object to the giving of the area known as Palestine to the state of Israel.
The Five Fraudulent Facts For
Finance - The 5 Violations
The signing of this “The Five
Fraudulent Facts For Finance” document we ask as a matter of
course and an attestation that you :
- Understand it and
- Agree with it and
- Will wherever possible teach it by rote to your children as a prerequisite to commencing any action via Freeman Legal Services.
The reason for this is simple. Only by
understanding the degree to which you and your parents and present
family and society at large and in general has been “had over”
will you be granted sufficient determination and desire to change
this most despicable and usurous state of affairs. To continue to
support the present system and endorse the “status quo” places
you as a hypocrit to yourself, your children and to all freemen. We
don't need you but we do want you!
1st
Violation
MONEY HAS NEVER PAID FOR
ANYTHING – NEVER HAS AND NEVER WILL it's goods and services which
pay for goods and services.
“The first fraud is
that which the borrower commits by pledging as COLLATERAL property or
performance which he does not own or have title to. The Bank or
loan company is complicit to this fraud as it ACCEPTS THE FRAUDULENT
PLEDGE as backing for the credit it CREATES OUT OF THIN AIR. In the
case of mortgages especially, the conspiracy deepens as the fraud of
the borrower and the “lender” so called is compounded by the
fraud of the solicitor.
2nd
Violation
The failure of the
bank or loan company to disclose the TRUE NATURE of the contract.
There is no full disclosure as required by the law of contract and so
the contract is VOID. The bank calls the transaction a “loan”
leading the borrower to believe that he/she IS ACTUALLY RECEIVING A
REAL AND TANGIBLE SUM OF MONEY/WORTH/ASSET of existing money, when
this is far removed from the truth. The banker knows FULL WELL that
all he has done is create a ledger entry or screen entry and create a
brand new promise to pay. He has full knowledge that the bank will
probably NEVER have to fulfill any part of its so called obligations
under the contract. It has never therefore put up anything of worth
and in fact never can. All it has in its possession are the
creditors' promises to pay. It has no money of its own and on it's
books “loans are its assets!” How can nothing be something?
The bank risks nothing –
as via the Fractional Reserve lending System it simply produces money
out of thin air – it is a counterfeiter of value and RISKS
ABSOLUTELY NOTHING IN THE LOAN TRANSACTION – it has zero risk. All
banks collude together and operate a monopolistic cartel. The
government borrows from these same banks to provide service to the
people and therefore enforces punitive and inequitable laws on the
people in order to propagate further the deception. The parties
therefore do not come to the table as fair and equal and willing
participants. One comes with a gun and the other with a begging bowl.
The true nature of the contract is forced financial slavery and the
generation of immoral debt!
3rd
Violation
p is less than p+i%
That's a plain mathematical fact. The loan agreement should be
invalid as IMPOSSIBLE CONTRACTS ARE UNENFORCEABLE.
Impossible? How come?
Well, the impossibility is because the conditions required to
guarantee the borrowers have the opportunity “fairly and honestly”
to pay off the principle and interest ARE NOT MET. Unless the banking
and financial sector enforces a 100% recycling of p+i% (and it
patently does not) some borrowers are going to have to default and
lose their collateral just as a pure function of supply and demand
and lack within the closed system. It's like trying to fill a leaking
olympic size swimming pool from the kitchen tap. Every note issued by
the Bank of England bears % so another has to be issued IMMEDIATEL to
pay off the i% on that first note and on and on and on. But this is
only for the PRIMARY market – what of the secondary market where
other loans are made and loans off loans and pawn broker loans etc
etc and loans from granny and mum to son etc? These all soak up the
available amount of “usable money” at any one time and no one
knows how much? So many are chasing their tails JUST BECAUSE THERE
SIMPLY IS NNOT ENOUGH TO GO AROUND. Ergo, the is a definite but
non-ascertainable number of individuals within any system which MUST
DEFAULT OF GO BUST FOR LACK OF FUNDS AT ANT GIVEN POINT IN TIME. This
is your absolute ,“Get out of jail card!” The maths IS the maths
and anyone who can prove 1+1 is 3 is your adversary.
4th
Violation – The country is Bankrupt
The fundamental axiom of
common law and the law of contract is YOU CANNOT GIVE A BETTER TITLE
THAN YOU ALREADY HAVE. As the global states entered into a secret
agreement at the Bretton Woods Financial Conference in New Hampshire
1944, there was a promise made by the Morgan- Rothschild crime
families to facilitate lines of credit to all participating nations
in RETURN FOR THEM POOLING THE WORLD'S GOLD RESERVES IN ORDER TO
PREVENT ECONOMIC CHAOS by wealthier gold rich countries “raising
the stakes as in a game of poker by playing blind” to corner the
gold reserves of poorer countries and causing mayhem. This was the
deal of all deals – this was the deal TO END ALL FUTURE WARS
DEPRIVATION, LACK AND WANT! That at least was the logical
deal/proposal on the table. This is in part evidenced by the
Universal Declaration of Human Rights which was the draft
accompanying and far reaching “international Magna Carta” for the
world's peoples.
The gold accumulated by
this deal and THE MAJOR REASON THAT WORLD WAR 2 WAS INITIATED ANYWAY
, was stored in the 30kms of hidden and secretive tunnel network
under the Bank of International Settlements' (BIS) premises in Basel,
Switzerland. It has been used to fund the global agendas of the
Elite. This gold was initially put on deposit for a 30 year period
from 1944 and was though never returned to any of the nations which
gave up their national assets.
All promissory notes
issued by the BIS, B of England, B of France etc are just promise to
pay and nothing more. The promise always implies that the real asset
is NOT there and in this case it very much is not there. Your promise
is therefore better than theirs and you dwell on the moral high
ground as the TERMS OF THE TRUST DEED WERE FOR YOUR BENEFIT. You are
both SETTLOR and BENEFICIARY of this Trust!
5th
Violation - Violation of Natural Law
Most of the people
producing the wealth are massively in debt and at real risk of losing
their wealth to bankers who fabricate promises to pay. How come
those who produce “meaningful wealth and assets” (the goods) and
supply the services are invariably in debt or totally broke or up to
their top-lips in borrowing – and THOSE WHO SIMPLY HANDLE THE BOOK
ENTRIES [the 0.001%] are the most obscenely wealthy? This question
alone is proof that you are not just being taken advantage of but
totally fucked over.
You should also be aware
that you are also placed in a position of Double Jeopardy by the
banks and loan companies as follows.
When asked to produce the
ORIGINAL CONTRACT NOTE/PROMISSORY NOTE/LOAN AGREEMENT most credit
companies and collection agencies have difficulty in so doing. Why?
Well, in most instances the debt has been bundled up and sold on and
on and on in the sub-prime and descending levels of banking
debauchery. In many cases no one really knows where the notes are.
In many foreclosure
instances the foreclosure documents are “ROBO-SIGNED” by clerks
and people who have no idea what they are signing and HAVE NOT
VERIFIED THE LEGALITY OF WHAT THEY ARE DOING – IT'S OFTEN BASED ON
PRESUMPTION AND ROUTINE AS WELL AS LAZINESS. In addition once the
primary lender (the only one who can enforce it and is party to the
original contract by the way!) has written off the loan and passed it
to the collection agency or secondary party he has “received his
pound of flesh” and the loan amount should be written off as either
the government bail out covers the loss (so called) or the tax breaks
cover the loss as a “write off.” However, they want their cake
and yours and want to eat it too!
There is much more but
the bones of the dead are now viewable by all. The system is totally
crony, corrupt and in need of the coup d'grace and I invite you to
help us deliver it. Until it is destroyed and re-built then the
future belongs to “more of the same” and the austerity measures
which TPTB have ready for you include cattle carts with stocks for
you and yours!
Yours in fraternity,
Peter of England
www.youtube/removementpolitics
SUPPORTING NOTES AS
SUBMITTED TO CHELMSFORD MAGISTRATES COURT ON THE 10TH OCTOBER 2012 TO
DISTRICT JUDGE JOHN WOOLLARD
AND TO HHJ GOLDSTAUB
AT CHELMSFORD
CROWN COURT ON 8TH
FEBRUARY 2013
THIS
IS A BANKRUPTCY CASE - CONSPIRACY TO DEFRAUD
FACTS
THE
UNITED KINGDOM WAS DELIBERATELY BANKRUPTED IN 1931 – ABOLITION OF
THE GOLD STANDARD
THE
UNITED STATES WAS DELIBERATELY BANKRUPTED IN 1933 by ROOSEVELT'S GOLD
CONFISCATION ACT
Executive
Order 6102
an Executive
Order
signed on April 5, 1933, by U.S.
President
Franklin
D. Roosevelt
"forbidding the Hoarding of Gold
Coin,
Gold Bullion,
and Gold
Certificates
within the continental United States". The order criminalized
the possession of monetary gold by any individual, partnership,
association or corporation.
Rebuttal
required: -
THE
WORLD WAS DELIBERATELY BANKRUPTED IN 1944 - BRETTON WOODS
The
United
Nations Monetary and Financial Conference,
commonly known as the Bretton
Woods conference,
was a gathering of 730 delegates
from all 44 Allied
nations
at the Mount
Washington Hotel,
situated in Bretton
Woods,
New
Hampshire,
United States, to regulate the international
monetary and financial order
after the conclusion of World
War II
THE
ASSETS OF THE PEOPLE &THIS COUNTRY'S NATURAL WEALTH HAS BEEN
STOLEN AND SQUANDERED BY THE PARLIAMENTARIANS AND MONEYED INTERESTS
WITH COLLUSION OF THE CROWN – IN ASSOCIATION WITH THE BANK of
ENGLAND AND THE BANK FOR INTERNATIONAL SETTLEMENTS, BASEL, CH. In an
organised and criminal theft on a scale never before matched on
this planet.
Rebuttal
required: -
PARLIAMENT,
HAS WITHOUT AUTHORITY FROM THE PEOPLE, INTRODUCED AND SUBSCRIBED TO
THE FRACTIONAL RESERVE SYSTEM OF CONTERFEITING AND USUROUS PRACTICES
ORCHESTRATED BY INTERNATIONAL ZIONISM AND BANKING JEWRY VIA ITS
BANKING CARTELS AND SECRET SOCIETIES FULLY KNOWN ABOUT BY “THE FEW”
- BIS AND ESF
Rebuttal
required: -
THE
GOVERNMENT HAS RELINQUISHED CONTROL OF THE MONEY SUPPLY AND HANDED IT
TO A PRIVATE CORPORATION, THE BANK of ENGLAND and THE BANK for
INTERNATIONAL SETTLEMENTS - AGAINST THE INTERESTS OF THE PEOPLE.
Rebuttal
required:
THAT
ALL MONEY IS ISSUED AS DEBT – AB INITIO – HENCE A CERTAIN YET
INDETERMINATE NUMBER OF PEOPLE ARE BY NECESSITY UNABLE TO REPAY THE
“FORCED FED” DEBT WHICH THEY HAVE NO OPTION OTHER THAN TO ACCEPT
– HENCE ARE NOT FREE TO CHOOSE AND RENDERED AS SLAVES TO THE
FINANCIAL SYSTEM HENCE SLAVES CONTRARY TO ARTICLE 4 U.N.D.H.R.
[p is less than p + i]
Rebuttal
required: -
THAT
PARLIAMENT, THE CROWN, THE JUDICIARY AND CITY OF LONDON AND INNER AND
MIDDLE TEMPLES AND THE BANKING CARTELS OPERATE A JOINT CRIMINAL
ENTERPRISE AGAINST THE PEOPLE AND ARE INSTRUMENTAL IN HIDING,
CONCELAING AND LYING TO COVER UP THE REALITY OF THIS SITUATION ON A
DAILY AND HOURLY BASIS. The proof is evident to all.
Rebuttal
required: -
THAT
SINCE THE PARLIAMENT ACT 1911 AND 1949 THERE HAS BEEN IN EFFECT A
COUP d'ETAT IN THE DEMOCRATIC INSTITUTIONS OF THE UNITED KINGDOM AS
THE SECOND CHAMBER – HOUSE OF LORDS – no longer has the chance to
veto ANY money bill. With this the country was ruined.
Rebuttal
required: -
THE
RESULT
The
facts are that all transaction of finance, money and real estate –
hence the fabric of society itself has since this time – and in
truth – before then been subjected, by The Lords of Money, to the
following: -
Step
1: Fraud in the Inducement
“…
is intended to and
which does cause one to execute an instrument, or make an agreement…
The
misrepresentation involved does not mislead one as the paper he signs
but rather misleads as to the true facts of a situation, and the
false impression it causes is a basis of a decision to sign or render
a judgement” Source: Steven H. Gifis, ‘Law Dictionary’, 5th
Edition, Happauge:
Barron’s
Educational Series, Inc., 2003, s.v.: ‘Fraud’.
Step
2: Fraud in Fact by Deceit (Obfuscation and Denial) and Theft
“ACTUAL
FRAUD. Deceit. Concealing something or making a false
representation with an evil intent [scanter] when it causes injury to
another…”. Source: Steven H. Gifis, ‘Law Dictionary’, 5th
Edition, Happauge: Barron’s Educational Series, Inc., 2003, s.v.:
‘Fraud’.
“THE
TORT OF FRAUDULENT DECEIT… The elements of actionable deceit
are: A false
representation
of a material fact made with knowledge of its falsity, or recklessly,
or without
reasonable
grounds for believing its truth, and with intent to induce reliance
thereon, on
which
plaintiff justifiably relies on his injury…”. Source: Steven H.
Gifis, ‘Law Dictionary’, 5th Edition, Happauge: Barron’s
Educational Series, Inc., 2003, s.v.: ‘Deceit’.
Step
3: Theft by Deception and Fraudulent Conveyance
THEFT
BY DECEPTION:
“FRAUDULENT
CONCEALMENT… The hiding or suppression of a material fact or
circumstance which the party is legally or morally bound to
disclose…”.
“The
test of whether failure to disclose material facts constitutes fraud
is the existence of a
duty,
legal or equitable, arising from the relation of the parties: failure
to disclose a material
fact
with intent to mislead or defraud under such circumstances being
equivalent to an actual ‘fraudulent concealment’…”.
To
suspend running of limitations, it means the employment of artifice,
planned to prevent
inquiry
or escape investigation and mislead or hinder acquirement of
information disclosing a right of action, and acts relied on must be
of an affirmative character and fraudulent…”.
Source:
Black, Henry Campbell, M.A., Black’s Law Dictionary’, Revised 4th
Edition, St Paul: West Publishing Company, 1968, s.v. ‘Fraudulent
Concealment’.
FRAUDULENT
CONVEYANCE:
‘FRAUDULENT
CONVEYANCE… A conveyance or transfer of property, the object of
which is to defraud a creditor, or hinder or delay him, or to put
such property beyond his reach…”.
“Conveyance
made with intent to avoid some duty or debt due by or incumbent on
person
(entity)
making transfer…”.
Rebuttal
required: -
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