By Don Kilam | DK’s Private Business Circle
STATUS. STANDING. AGENCY. If you can understand the meaning of these three key terms — and how they can be used to your benefit — you can go into court and dismantle just about any case coming against you.
Your status determines what rights, duties, and obligations you are entitled to or responsible for. Standing determines whether the court will even listen to you. And agency is the hidden contract that makes YOU liable for a dead entity’s charges.
Know all three, and you hold the keys. 👑
1. Status: Understand Your Legal Position
Black’s Law Dictionary: “The status of a person is his legal position or condition.” Rights, duties, capacities and incapacities which determine a given person to any class constitute a condition or status.
Your status determines what rights, duties, and obligations you are entitled to or responsible for.
An agent for a corporate legal entity operating under the bankruptcy is bound by the legal duties and obligations applicable to such parties — he can’t come in and claim rights under the Republic as secured by the Constitution. This is why judges who recognize you as a legal vessel of the bankruptcy will threaten you with contempt if you bring up the Constitution in that court — because you are not a person entitled to those as per your status.
Your status is one thing. How the court PERCEIVES your status is perhaps a different thing. They could be the same — but that’s the key element as to how the law applies to you.
If you’ve properly secured your legal status as a national — as opposed to a federal citizen, a federal corporate citizen under the bankruptcy — you should not be claiming relief by way of the legislative statutes, because your status doesn’t entitle you to that. You can’t mix them.
You have to know who you are and what rules apply to you, then invoke those rules and be prepared to defend them.
Examples of legal status: US citizen, resident, state citizen, American National, non-resident foreign national, foreign resident, naturalized citizen, tourist, secured creditor, single or married — the list goes on. Your legal status determines how your rights and obligations are treated under the law.
Put status to work with preparation
- Identify every relevant party and entity. Distinguish yourself from a corporation, LLC, trust, or other organization where the law recognizes separate roles.
- Gather the actual records. Review the complaint, contract, notices, account statements, business filings, and any documents naming you or your company.
- Check your capacity. Determine whether you signed as an individual, an officer, an authorized agent, or a trustee.
- Keep statements accurate. Do not rely on special capitalization, name formatting, or a self-selected status to change who is legally responsible.
For entrepreneurs, this disciplined approach supports asset protection for lawsuits, estate planning for entrepreneurs, and sound small business estate planning. A well-organized business and estate plan begins with clear ownership and authority, not courtroom word games.
2. Standing: A Court’s Authority to Hear a Claim
Standing is what gives you the ability to present yourself to the court. If you’re not a party to the suit or issue before the court, you have no standing. If you’re not a plaintiff, defendant, attorney representing one of the parties, a called witness, or recognized friend of the court — you have no standing. The court will not listen to you. Whatever you say has no bearing.
THE THREE REQUIREMENTS:
- INJURY IN FACT — the plaintiff must have suffered or imminently will suffer an injury, an invasion of a legally protected interest, concrete and particularized, or actual and imminent — not conjectural, hypothetical, or abstract. The injury can be economic, non-economic, or both.
- CAUSATION — a causal connection between the injury and the conduct complained of, fairly traceable to the challenged action of the defendant and not the result of some third party not before the court.
- REDRESSABILITY — it must be LIKELY, not merely speculative, that a favorable court decision will redress the injury.
A right of the people to challenge the conduct of another person in court is essentially standing. The court hears you, you can enter evidence, you can challenge the conduct of another who has injured you.
If they have no injury, no causation, and no redressability — the case and the parties have NO STANDING to be before the court. That is the gate. Hold it.
3. Agency: Who Has Authority to Act?
Agency: a relation created by express or implied contract or by law whereby one party — the principal or constituent — delegates the transaction of some lawful business or the authority to do certain acts for him, with discretionary power, to another person: the agent, the attorney, the proxy, or the delegate.
Without agents, a legal person — a corporation, a trust, ANY entity — can do nothing. Agents are everywhere: functionaries of all the corporate entities of the world.
Any public official, functionary, agent, clerk, or administrator is an agent for its principal. Wherever there’s an agent, there’s a principal. The principal holds the ultimate power and delegates it to the agent to act on its behalf.
To do commerce, an entity must have a registered office and a registered agent — for service of process. Without them, it’s not a viable legal entity.
THE TRAP: YOU are the presumed agent for the dead entity with a name similar to yours. You are presumed to be acting in a representative capacity for the principal — the all-caps name — and they’re holding YOU responsible. It’s this agency relationship that makes you liable to pay the charges levied against the entity. The entity is dead; they need a live agent to interact with — and they’ve selected YOU.
To avoid having responsibility for these charges put upon you, the man or woman: you must either SEVER this relationship altogether, or CLAIM OWNERSHIP of the entity — take control of it and the estate.
THE WORD GAMES — ATTORN AND ATTORNEY
“Attorn” is a VERB: to turn over money, rent, or goods to another. To attorn is to assign a specific function or service — you’re attorning your authority to handle that function to an agent.
“Attorney” (noun): (1) an agent — someone authorized to act for another; (2) a person qualified by a state or federal court to provide legal services. Whenever you see “attorney,” you’re dealing with an agent acting on behalf of somebody else.
“Attorney in fact”: an alternate, a legal appointee, a legal representative, a proxy, a surrogate.
Power of attorney: a written document in which the principal appoints another to act as agent on his behalf, conferring authority to perform certain acts. General (full) or limited. A power of attorney generally terminates when the principal dies or becomes incompetent — but the principal can revoke it at any time.
Sign your name as “attorney” or “attorney in fact” with your title, and you’re signing lawfully and accurately as an AGENT. Let people make their own inferences — your signature is 100% complete, accurate, and lawful.
Use agency principles in business planning
- Review operating agreements, corporate resolutions, trust documents, and powers of attorney.
- Record who can sign contracts, manage accounts, or make decisions for each entity.
- Set limits on delegated authority and update documents when roles change.
- Separate business and personal records so ownership and responsibilities are clear.
This is practical asset protection strategy: not a trick to evade valid obligations, but a way to reduce confusion, strengthen administration, and protect business and family plans. Clear authority also supports business credit repair, because accurate entity records and consistent business information help owners address credit issues methodically.
4. THE SHIP — THE LAW OF THE FLAG
The law of the flag: a principle of maritime and international law — the sailors and the vessel are subject to the laws of the state corresponding to the flag flown by the vessel. Ships registered in Panama or Liberia — favorable legislation. It’s a business forum.
Whatever flag that ship is flying represents the rules that govern any contracts you enter into once you’re on that ship or engaging with the captain.
They get people to enter upon the ship: by doing so you enter into a contract with the captain. The gold-fringed military flag with the eagle on top represents maritime jurisdiction — a military flag and international law. They’re bringing the law of the sea upon the land; to operate under the law of the sea, you must enter upon the ship and enter into contract with the captain.
Look at the federal courthouse buildings: the shape of the hull of a ship, the smoke stack in the center of the hull, the power plants where the engines of the ship would be. This is no accident. These people know exactly what they’re doing — they’re shoving it in your face.
They haul you onto their ship, dress you down, tie you to the mast, give you 20 lashes, boot you off after they plunder you. Isn’t that pretty much what happens when you go into court?
5. THE COURTROOM PLAY — SPECIAL APPEARANCE
THE SETTING: “State versus John Q. Defendant, case number 94-CR-2231, parties may come forward.” The prosecutor enters his appearance: “I’m here representing the State through the District Attorney’s office.”
YOU: You haven’t crossed the bar — you’re smart enough not to. You stand up in the GALLERY and make your appearance right there:
“Judge, I’m here in propria persona, making a SPECIAL APPEARANCE as grantor and beneficiary of the estate being administered in this case relating to the named defendant.”
You are NOT admitting to be the defendant. The estate is all the accounts created in the fictional name. They’re operating in bankruptcy — Chapter 11, Title 11 of the US Code. Everything is administered under the bankruptcy, dealing with the dead person — which is essentially probate.
“I’m not here in a representative capacity. Judge, for the record, this is a court of record, am I right? For the record: I reserve all rights at all times and waive none, ever.”
When the judge asks “Who are you? What’s your name?” — trying to trick you into admitting the name, assuming you’ve admitted being the defendant — your response:
“Judge, I’m here to help administer this matter for the benefit of the court. If the prosecutor has a valid claim against ME, the man who is beneficiary to the estate of the defendant, let me see it. Mr. Prosecutor, please present me with the verified claim.”
“Judge, for the record: if I cross the bar, am I entering into contract with the court, yes or no?” — Get it on the record. He will not answer. Persist.
“Judge, with all due respect, I have no intention to board your ship. I operate under the laws of the Republic, and I hereby invoke the laws of the Republic” — Article 4, Section 4 of the US Constitution is your authority.
“I invoke the laws of the Republic to manage my affairs. In MY court — I’m here in my court. I’m going to set my court. My court is hereby set under the laws of the Republic. I can operate just fine from here, thank you, Judge. And I’m here to help you administer this case expeditiously, so let’s get on with it.”
You have just taken command. The judge doesn’t own the court — it’s there for the public and the people to use for their benefit, and that includes you.
If he continues to threaten: “Judge, if you force me to cross the bar against my will, with threats of force and imprisonment, it’s only under DURESS that I would comply — not willingly or voluntarily. And there will be no contracts assumed or presumed by my presence. My law follows me wherever I go, with my reservation of rights intact at all times. For the record, Judge, are we clear on that?”
He won’t answer. “So I’ll take your silence or lack of response as consent. Let the record reflect that the judge has accepted my terms, and we will proceed on that basis. Thank you, Judge.” — Polite and professional at all times.
It takes guts. This is YOUR court. Take control of it. Don’t let them bully you, distract you, or run over you.
6. THE FOUR TRACKS AGAINST THE PROSECUTOR
TRACK ONE — THE VERIFIED CLAIM
“Mr. Prosecutor, do you have a claim against ME, the living man who is beneficiary of this estate? If so, please present it now so I can examine it. Where’s your verified claim? Please show me.”
He’ll deflect: “We have a complaint against John Q. Defendant, which I presume is you.” Never admit. “No. I just stated clearly for the record who I am, and I am not the agent, trustee, nor the named defendant against which you seek to settle your matter. I am the beneficiary. Let me repeat my question: do you have a claim against me, the grantor and beneficiary of this estate — yes or no?”
“Who here in this court, who can hear my voice, has a claim against me? Please come forward with your claim. Who can present a contract to which I am being held liable as the man upon the land in my venue? Anybody?”
“Judge, let the court reflect that the prosecutor has not presented to the court or to me any documentation which supports a verified claim against me. Judge, I move this court to dismiss this case, as the prosecutor has failed to establish any claim upon which relief can be granted.”
TRACK TWO — THE STATE LICENSE
“Mr. Prosecutor, are you a witness on this case, prepared to testify under oath with firsthand knowledge related to the alleged charges?” — “No, I’m representing the state.” — “Ah, I see — so you then are a STATE LICENSED attorney at law representing the plaintiff, correct?” (Get it on the record — he says yes, feeling proud.)
“Mr. Prosecutor, then I need you to enter into the record of this proceeding your LICENSE TO PRACTICE LAW issued by the STATE — not a private bar card, but an actual license issued by the state — to establish that you have proper standing as an agent for the plaintiff. Please do that now.”
There is no state-issued license to practice law. He has a bar card — a private membership card. “I didn’t ask for your bar card. I asked for your state-issued license. You said you are a state licensed attorney — you just said that for the record. So I want to see your license.”
“Judge, let the record reflect that the prosecutor cannot produce any evidence to the court that he is who he says he is. Judge, I move this court for dismissal on grounds that the prosecutor has not established proper standing as an attorney at law licensed to represent his client in this court — and the plaintiff is without proper representation and has no standing in this court.”
TRACK THREE — THE CONTRACT
“Mr. Prosecutor, are you going to be presenting your client, the plaintiff, as a witness to testify under oath with firsthand knowledge related to the alleged charges?” — “No, it doesn’t work that way.” — “Ah, I see — so then we’re not operating in equity, and we must be operating AT LAW. In that case, please present me and the court with the underlying CONTRACT which you want to hold the defendant accountable to. You can do that, correct? Please present the contract now. I’ll wait.”
If there’s no contract and no one to testify under oath to a damage, how can there be a claim? No contract, no damage, no claim.
“Judge, let the record reflect that the prosecutor cannot produce the plaintiff as a witness under oath, nor can he produce a contract to which he wants to hold the defendant liable. Therefore he has no standing in law or equity. Judge, I move this court for dismissal for WANT OF PROSECUTION and failure to state a claim upon which relief can be granted.”
TRACK FOUR — THE POWER OF ATTORNEY
“Mr. Prosecutor, you mentioned earlier that you are representing the plaintiff in this case, correct?” (Get the answer on the record — don’t let him wiggle out.)
“Then I need to see the CONTRACT between you and the State — your client, the plaintiff — which gives you the POWER OF ATTORNEY to represent the plaintiff before this court. Do you have that contract to present to the court, yes or no?” As soon as he hem-haws: “I’ll take that as a no. You failed to produce it.”
He’ll say: “I work for the county attorney’s office — it’s standard procedure.” “Very good. But you want to make a claim against the defendant, and I don’t know who you are or who you work for. I don’t operate on assumptions and presumptions — only documented facts. This court only recognizes documented facts. Please produce your representation contract or power of attorney with your client for the record, to establish your authority and legal relationship with the plaintiff.”
“Judge, let the record reflect that the prosecutor has not established his authority to act on this matter, and thus has no standing to be before this court. Judge, I move this court for dismissal for the prosecutor’s failure to establish proper standing before this court as agent for the plaintiff.”
THE BOMBSHELL — THE BONDS
“Mr. Prosecutor, you are conducting your activities and seeking to settle charges amongst the people in the public. So surely you can produce the PAYMENT AND PERFORMANCE BONDS which provide indemnity for yourself or your principal in the event of any missteps which may cause damage to the public. Please produce for the court, in the record here, the bond or bonds FOR THIS ACTION IN PARTICULAR — not a general bond — which gives you the authority to impose yourself upon the public with indemnity. Surely you can do that, am I correct?”
By now he’s hanging his head. The judge has to get on your side — the judge should be berating HIM: “What do you mean you don’t have your bonds? You’re not bonded on this action? I see. Then you don’t have any standing or authority to be acting or dealing in the public.”
“Mr. Prosecutor, why are we here? You have nothing. No claim. No standing. No agency. No contract. No witness. No bond. No authority. You’re fired. You’re making a mockery of this court. You’re wasting public taxpayer dollars. You must leave now. Go.”
You are in control. “Judge, for the record: there is no case here. The record reflects that this case is NULL AND VOID AB INITIO — from the beginning. I require you, Judge, to confirm this case is dismissed. Thank you very much. I’m glad to be of assistance in this matter. I’m out of here.”
7. THE ULTRA VIRES CHECKMATE
If the judge tries to steamroll you:
“Judge, I will not be denied due process. If you attempt to deny me the due process I am entitled to — which you are required to ensure by your contract with me via your oath — then you are acting ULTRA VIRES: outside of your authority. And you would be in contempt of your duty, your oath, and my God-given rights in my venue — which would put you right smack dab in the middle of accepting FULL PERSONAL LIABILITY for the damage you may cause. Judge, remember: I operate in MY venue, not yours.”
“In the alternative, if you wish to incorrectly presume me to be the named defendant without any evidence or proper claim establishing such, you’d be interfering with my ability to conduct commerce — illegal restraint of trade per 15 USC sections 1 and 2: $1 million per offense on the individual, $100 million for the entity. Add to that RICO laws, and federal criminal statutes relating to the deprivation of rights under color of law — sections 241 and 242, among others. Don’t threaten ME with contempt — YOU are in contempt of due process and your oath of office if you continue along this track.”
Then soften the tone — the carrot and stick: “And you know what, neither one of us wants to see that, do we? We should settle this matter properly and amicably, according to the law, don’t you think? Now do your duty: demand the prosecutor properly establish himself in this case as I have required — not how you may like, but AS I HAVE REQUIRED — or dismiss the case. Those are your only lawful options. Judge, how would you like to proceed?”
You’ve just put him in a box. There’s only one lawful thing he can do. You’ve properly set the record — no matter what they do, you object, object, object, and put them on notice of intent to appeal, and that case will go nowhere.
8. THE LAST CANNON SHOT — APPOINTING THE JUDGE AS TRUSTEE
If nothing works:
“Judge, there seems to be some miscommunication here. I’ve not been presented with anything that names me as a defendant to any legitimate claim, in my capacity as beneficiary of the named estate. I’ve not seen the bond supporting the action. I’ve not seen anything which gives a prosecutor proper standing in this court to address me on this matter. Therefore I’m obviously at a serious disadvantage here due to lack of disclosure, discovery, or transparency in this matter.”
“Now, since you and the prosecutor seem to be on the same page here, and I’m completely in the dark as to how this court is operating outside of law and equity — I’m just going to APPOINT YOU AS TRUSTEE over the estate of the defendant, to protect my interest as beneficiary, and administer this matter in a fiduciary capacity on my behalf. So please proceed as my trustee in this matter. I thank you very much — I put it in your hands now.”
It’s a matter of record what you’ve just done — and he can’t proceed, because you just put him in a CONFLICT OF INTEREST. This has actually been done in court — the judges pack their books, tuck their tails between their legs, and escape the courtroom as quickly as possible.
9. THE RULES OF ENGAGEMENT
You’re not going to use all of them. You’re going to have to KNOW this stuff, think on your feet, hold your position. Don’t let them buffalo you. Don’t let them get you off track.
Set the record on the key points and don’t move off your point until the record has been set. “Let the record reflect, Judge, that the prosecutor has not presented the contract. He has no standing.”
They won’t answer almost any of your questions — so you answer for the record yourself and establish the record yourself.
FAILURE TO OBJECT IS FATAL. They know it. They can’t object — because they can’t comply, and they have no alternative. So they’ll try to buffalo you and hope you don’t set the record properly. Set it properly. Get those answers — even if you have to answer for them.
You’ve got to have the confidence and the guts. This is YOUR court. Take control of it.
Do your research: courts of equity, courts of law, chancery courts — understand the difference. Your status may well determine WHICH laws apply to you in your own case: legislative statutes and treaties, constitutional law, federal law, state law, common law (is there actually an injured party?), case law, commercial law (where’s the contract?), agency regulations and executive orders.
Stay out of court if you can. If you do go to court — know who you are, know your status, know your standing, and never board their ship.
THE BOTTOM LINE
Status. Standing. Agency. Your status determines the rules that apply to you. Standing determines whether they can even be heard. Agency is the contract they’ve tried to make you sign without your consent — the presumed agent for a dead entity. Sever it, or claim ownership of the estate.
The verified claim. The state license. The contract. The witness. The bond. Track by track, they have nothing — and the record shows it. Failure to object is fatal. Set the record. Take control. This is your court.
Text “PRIVATE LIFE” to 702-200-4900 and join the Circle — www.skool.com/donkilam/about. Status correction, trust work, the estate — that’s what we build inside DK’s Private Business Circle.
By Don Kilam | DK’s Private Business Circle
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