Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
11Activity
0 of .
Results for:
No results containing your search query
P. 1
Accepted for Value Rules

Accepted for Value Rules

Ratings: (0)|Views: 1,032 |Likes:
Published by Chad Lange
Accepted for Value Rules
Accepted for Value Rules

More info:

Published by: Chad Lange on Oct 13, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

08/11/2013

pdf

text

original

 
ACCEPTED FOR VALUE - Explained 1 Year, 6 Months ago
Acceptance for Value
:
 Explained 
Acceptance for value is a muddy concept for many people. It is often misunderstood.Here's my attempt at explaining it! For more info,vinyasi-public-records.info/data/a4v.pdf Acceptance for value is a commercial remedy. A remedy is a commercial right that isobtained through an instrument (includes tax bills, violation tickets, etc...). Accepted for value is a qualified endorsement (modified signature) on an instrument. A blank endorsement (simply your signature or total non-acceptance) waives remedies that aremade available through the instrument by waiving defects in the instrument.
-Acceptance - An agreement, either by express act or by implication from conduct, to theterms of an offer so that a binding contract is formed. If an acceptance modifies theterms or adds new ones, it generally operates as a counter offer. (Black's 7th)-Acceptance - The taking and receiving of anything in good part, and as it were a tacit agreement to a preceding act, which might have been defeated or avoided if suchacceptance had not been made. (Black's 4th)
If an instrument is issued based on a pre-existing agreement or contract, it does not haveto be issued for value. The issuer's defenses are in that contract. If the agreement of thetransferee (person who receives the instrument, e.g. US citizen receiving a violationticket) is not performed to the satisfaction of the transferor, he can back up his claimswith that contract. If there is no pre-existing contract, the instrument must be issued for value. Issued for value is the same thing as issued to get value. The instrument has novalue when it is issued, it is seeking it. It is seeking a person to accept his offer unconditionally, thereby waiving all remedies made available. When you receive tax bills, tickets, penal action indictments, the presumed basis for issuing that instrument wasthe violation of a US statute. If you have no contract or promise given to act under thosestatutes, there is no obligation to pay. If a person gives this instrument a qualifiedendorsement, Accepted for Value, he is literally turning the instrument into the payment.The transferee gains a security interest in the instrument and becomes the holder in duecourse. The liability stays with the issuer, instead of being transferred to you. In that position, you can enforce the instrument on the issuer. He becomes the transferee.UCC 1-201. General definitions44. "Value". Except as otherwise provided with respect to negotiable instruments and bank collections (sections 3-303, 4-210, 4-211) a person gives "value" for rights if hequires them:(a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge- back is provided for in the event of difficulties in collection; or (b) As security for in total or partial satisfaction of a preexisting claim; or 
 
(c) By accepting delivery pursuant to a preexisting contract for purchase; or (d) Generally, in return for any consideration sufficient to support a simple contract.1-201 says that a person gives value to get rights. If one person is giving value, the other is asked to give rights in exchange.An implied contract or promise can't reallllly be enforced. An instrument that'sdemanding performance on it is generally an offer to create a new contract. If you acceptthat by just signing it, you are accepting this new contract, you have the liability, yougotta pay. When the issuer issues an instrument for value, he is risking the liability on it.If you "call his bluff", he could be made to pay you. If the issuer of an instrument for value does not counter your counter offer, you are in a great position.Commerce is set-up to be unfair, it is based on the Law Merchant. It is in favor of creditors, seeking collection. In most situations, the only thing that must be determined iswho is the creditor and who is the debtor? Once that is known, (once you sign that ticketwith a naked acceptance) all other facts generally become irrelevant. Acceptance for Value establishes you as the creditor.Looking at UCC 1-201 subsection (a), here are some examples of the exchange of valuefor rights.-Excluding 3-303, 4-210, 4-211, a person gives value for rights if he acquires them:(a)In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge- back is provided for in the event of difficulties in collection.-A person (borrower) gives value (right to foreclose)(asset on the bank's books) for rights(use of public credit) if he gets those rights in return for a commitment to extend credit(promissory note).-A person (lender aka creditor) gives value (use of public credit) for rights(to foreclose) if he gets those rights in return for a commitment to extend (public) credit (to a borrower aka debtor)That is in the public.-A person (borrower) gives value (private man's credit via signature on a note) for rights(use of currency) if he gets those rights in return for a commitment to extend credit. (his private credit to the lender)-A person (lender aka debtor) gives value (liability on its books) for rights (use of man's private credit) if he gets those rights in return for his commitment to extend (public)credit (to the debtor)That is from private to public.If you do not understand this, consider how money is created. All money is well, notmoney. It is credit, which basically means all money is debt. Money is "created" off of aman's promise to pay the money back. The money isn't created out of nowhere, it needssomeone to create the credit off of. It needs the energy of a man or woman to sign before
 
it creates the money, therefore the signature has value. This is true because the bank can'tlend it's own credit. That's why they call it extension. It is extending another person'scredit to a third party. It isn't a loan, it's an extension of a previous process. The creditcomes from the man (private) to the bank (public) and back to the US citizen the manrepresents (borrower, public). The man can't enter the public because he is a physical being. He needs a US citizen to represent him there. The US citizen needs him to sign theinstruments, so the man must represent the citizen and supply his physical energy.(signing) The man will be presumed to be an accommodating party and not receive anyrights, unless he negotiates the terms to be advantageous to him. If he lets his signature beused without making new terms, he won't get any rights in return for the value he gave,which was his extension of credit. Instruments issued for value (demands that have nowritten contract to back them up) are nothing but requests for a man's credit! They arecredit applications, they need you for money! If he signs it correctly, he becomes thecreditor. Now when we look at this when dealing with the public person, aka your "straw man".-A person (United States) gives value (birth certificate = certificated security = UScitizenship) for rights (to use US citizen as surety) in return for his commitment to extend(public) credit (and benefits)(to the US citizen)-A person (US citizen) gives value (pledge to US) for rights (to operate in commerce inUnited States) if he gets those rights in return for hiscommitment to extend (public) credit(to be a surety)(to US) public to public-A person (United States) gives value (birth certificate = certificated security = UScitizenship) for rights (get/use private credit) if he gets those rights in return for hiscommitment to extend (public) credit (distribution from trust to the man through the UScitizen)-A person (US citizen) gives value (man's private credit)(to US) for rights (to operate incommerce in US) if he gets those rights in return for his commitment to extend (private)credit (of the man who represents the US citizen)(to US)There is more to these examples, but I would suggest reading the A4V pdf book if youwant to learn more.When you A4V, you are using a position as beneficiary of a trust created by theConstitution and one in 1933 created by President Roosevelt. The reason you have thisright is because of the constitutional Oath the President takes, in Article II. Judges havethe 5 USC § 3331. Oath of office. An oath of office is different than an oath. I'll let youget into all of that, but the point is... as long as there is an officer with an oath required bythe Constitution, the people will still have a trustee for the trust on which they are beneficiaries. The people have an antecedent claim from a preexisting contract, which is

Activity (11)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
hachulho liked this
Yusef EL liked this
packagingwiz liked this
sabiont liked this
sabiont liked this
sabiont liked this
Dabboo1 liked this
Dabboo1 liked this

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->