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Remedy and Recourse
Every system of civilized law must have two characteristics: Remedy
and Recourse. Remedy is a way to get out from under the law. The Recourse
provides that if you have been damaged under the law, you can recover your loss.
The Common Law, the Law of Merchants, and even the Uniform Commercial Code all
have remedy and recourse, but for a long time we could not find it. If you go to
a law library and ask to see the Uniform Commercial Code they will show you a
tremendous shelf completely filled with the Uniform Commercial Code. When you
pick up one volume and start to read it, it will seem to have been intentionally
written to be confusing. It took us a long time to discover where the Remedy and
Recourse are found in the U.C.C. They are found right in the first volume, at
1-207 and 1-103.
Remedy
"The making of a valid Reservation of Rights preserves whatever rights the
person then possesses, and prevents the loss of such rights by application of
concepts of waiver or estoppel." (UCC 1-207.7)
It is important to remember when we go into a court, that we are in a
commercial, international jurisdiction. If we go into court and say. "I DEMAND
MY CONSTITUTIONAL RIGHTS!", the judge will most likely say, "You mention the
Constitution again, and I'll find you in contempt of court!" Then we don't
understand how he can do that. Hasn't he sworn to uphold the Constitution? The
rule here is: you cannot be charged under one jurisdiction and defend yourself
under another jurisdiction. For example, if the French government came to you
and asked where you filed your French income tax of a certain year, do you go to
the French government and say "I demand my Constitutional Rights?" No. The
proper answer is: "THE LAW DOES NOT APPLY TO ME. I AM NOT A FRENCHMAN." You
must make your reservation of rights under the jurisdiction in which you are
charged, not under some other jurisdiction. So in a UCC court, you must
claim your Reservation of Rights under UCC 1-207.
UCC 1-207 goes on to say...
"When a waivable right or claim is involved, the failure to make a
reservation thereof, causes a loss of the right, and bars its assertion at a
later date." (UCC 1-207.9)
You have to make your claim known early. Further, it says:
"The Sufficiency of the Reservation: any expression indicating an intention
to reserve rights is sufficient, such as "without prejudice". (UCC 1-207.4)
Whenever you sign any legal paper that deals with Federal Reserve Notes,
write under your signature: "Without Prejudice (UCC 1-207.4)." This reserves
your rights. You can show, at UCC 1-207.4, that you have sufficiently reserved
your rights.
It is very important to understand just what this means. For example, one man
who used this in regard to a traffic ticket was asked by the judge just what he
meant by writing "without prejudice UCC 1-207" on his statement to the court? He
had not tried to understand the concepts involved. He only wanted to use it to
get out of the ticket. He did not know what it meant. When the judge asked him
what he meant by signing in that way, he told the judge he was not prejudice
against anyone... The judge knew that the man had no idea what it meant, and he
lost the case. You must know what it means!
Without Prejudice UCC 1.207
When you use "without prejudice UCC 1-207" in connection with your signature,
you are saying, "I reserve my right not to be compelled to perform under
any contract or commercial agreement that I did not enter knowingly, voluntarily
and intentionally. I do not accept the liability of the compelled benefit of any
unrevealed contract or commercial agreement."
What is the compelled performance of an unrevealed commercial agreement? When
you use Federal Reserve Notes instead of silver dollars, is it voluntary? No.
There is no lawful money or alternative, so you have to use Federal Reserve
Notes; you have to accept the benefit. The government has given you the benefit
to discharge your debts with limited liability, and you don't have to pay your
debts. How nice they are! But if you did not reserve your rights under 1-207.7,
you are compelled to accept the benefit, and are therefore obliged to obey every
statute, ordinance, and regulation of the government, at all levels of
government; federal, state and local.
If you understand this, you will be able to explain it to the judge when he
asks. And he will ask, so be prepared to explain it to the court. You will also
need to understand UCC 1-103, the argument and recourse. If you want to
understand this fully, go to a law library and photocopy these two sections from
the UCC. It is important to get the Anderson, 3rd edition. Some of the
law libraries will only have the West Publishing version, and it is very
difficult to understand. In Anderson, it is broken down with decimals
into ten parts and, most importantly, it is written in plain English.
Recourse
The Recourse appears in the Uniform Commercial Code at 1-103.6, which says:
"The Code is complimentary to the Common Law, which remains in force,
except where displaced by the code. A statute should be construed in harmony
with the Common Law, unless there is a clear legislative intent to abrogate
the Common Law." (UCC 1-103.6)
This is the argument we use in court. The Code recognizes the Common Law. If
it did not recognize the Common Law, the government would have had to admit that
the United States is bankrupt, and is completely owned by its creditors. But, it
is not expedient to admit this, so the Code was written so as not to abolish the
Common Law entirely. Therefore, if you have made a sufficient, timely, and
explicit reservation of your rights at 1-207, you may then insist that the
statutes be construed in harmony with the Common Law.
If the charge is a traffic ticket, you may demand that the court produce the
injured person who has filed a verified complaint. If, for
example, you were charged with failure to buckle your seat belt, you may ask the
court: "Who was injured as a result of your failure to 'buckle up'?" However, if
the judge won't listen to you and just moves ahead with the case, then you will
want to read to him the last sentence of 103.6, which states: (2) Actually, it
is better to use a rubber stamp, because this demonstrates that you had
previously reserved your rights. The simple fact that it takes several days or a
week to order and get a stamp shows that you had reserved your rights before
signing the document. Anderson Uniform Commercial Code Lawyers' Cooperative
Publishing Co. The Code cannot be read to preclude a Common Law section.
Tell the judge, "Your Honor, I can sue you under the Common Law, for violating
my rights under the Uniform Commercial Code. I have a remedy, under the UCC, to
reserve my rights under the Common Law. I have exercised the remedy, and now you
must construe this statute in harmony with the Common Law. To be in harmony with
the Common Law, you must come forth with the damaged party."
If the judge insists on proceeding with the case, just act confused and ask
this question: "Let me see if I understand, Your Honor, has this court made a
legal determination that sections 1-207 and 1-103 of the Uniform Commercial
Code, which is the system of law you are operating under, are not valid law
before this court?"
Now the judge is in a jam! How can the court throw out one part of the Code
and uphold another? If he answers, "yes", then you say: "I put this court on
notice that I am appealing your legal determination." Of course, the higher
court will uphold the Code on appeal. The judge knows this, so once again you
have boxed him in.
Explain U.C.C. 1-207
If you are confronted with explaining what the "UCC 1-207" does here is
your answer.
When you are going to sign a contract ( drivers license, lease, buying a
automobile, snowmobile, a building permit, marriage license, devoice decree,
or any other document).
BEFORE you sign!!! you have the right to draw a fine line through any
thing that is not to your liking. It can be a number, a letter, a word or a
group of words. At this time you can add any thing you want in the contract.
Any changes you have made sign your name close to it and date it. A contract
is to have all of the contract in full disclosure at the time of signing. If
not the UCC 1-207 will stop you from giving up your rights on the contract
you are about to sign and void out any part of the contract that you have
not had the opportunity to view.
Now how the UCC 1-207 works.
After you put UCC 1-207 where your signature is going to be. " your
signature" is the last you thing you put on the document. When you pick up
your pen from the signed contract it is consummated, you have given up your
right to change the contract. Here is some more UCC information. You can go
to a public law library for more information.












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