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UCC CODE Remedy and Recourse

UCC CODE Remedy and Recourse

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Published by Michael Waggoner
This document details information on how to reserve your rights under the Uniform Commercial Code.
This document details information on how to reserve your rights under the Uniform Commercial Code.

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Published by: Michael Waggoner on Jul 28, 2011
Copyright:Attribution Non-commercial

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05/24/2013

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I recently received the following email. I agree with a lot of it, but I am wary of thefundamental premise: That a proper “reservation of rights” under the UCC can shield us fromgovernment abuse. My (Alfred Adask’s) text is in bold, bracketed blue. The original author’sarticle is written in black text (unless it’s been otherwise “colorized” by me).Here’s the email:UCC Remedy & Recourse UCC 1- 207, 1 - 308
A friend of mine is fighting a county tax suit. I told him to file a motion to dismiss b/c of 
reservation of rights UCC 1-308
. The judge blew his top & yelled & screamed to the pt. theythought they were gonna have to call the paramedics. The judge deferred it to the appellant court& then the appealed court passed it back down to the same judge. This friend of mine has a lawyerfriend & a judge friend. The
judge said not to reveal his name, but said that the court has nochoice but to dismiss
the case, The court
may try to force him into a plea bargain
. But told himnot to take it, that the court will have to dismiss & will
pick some other technical reason to doso
.My friends attorney looked up his drivers license number after the incident & found that henow has
diplomatic immunity
& attached to this are the words,
"DO NOT STOP, DO NOT DETAIN,DO NOT QUESTION".
So my friend went & tried it out by trying to get a ticket. When the cop ranhis drivers license, he just gave it back & said "have a good day."
So there it all is
.
Make sure you are in front of a real judge & not a magistrate or trafficticket judge
,
reserve your rights UCC 1-308
&
motion to dismiss
&
you're home free
. Just stickto your guns & do not let them scare ya into anything.If you are in front of a traffic ticket, dog bit judge, just
appeal
his decision to circuit court.Also make sure that ya
don't ever except a magistrate
. You
always
want a
real judge
that triesreal felonies.Cordially yours,Colonel Vaughn WilsonAll rights reserved UCC 1-308
 
[“
Diplomatic immunity 
”?? We can achieve “diplomatic immunity” by the astute use of the UCC??!! Does anyone really believe that the people who drafted the UCC would include ameans for the great unwashed to achieve “diplomatic immunity”? I surely don’t.Perhaps the author was so excited by his discovery that he exaggerated to emphasis hispoint. Maybe he just made a bad choice of words. But when a claim is too grand to be true,it’s probably not true.I won’t say that something that seems a little
like
“diplomatic immunity
might
not beachieved by an astute use of the UCC, but there’s no way the UCC grants diplomatic immunity.Without Prejudice UCC 1-207 / 1-308Remedy & RecourseEvery system
of civilized law must have
2 characteristics
:
Remedy & Recourse
. Remedy is
a way to get out from under the law
. The Recourse provides that if you have been damaged underthe law, you can recover your loss. The Common Law, the Law of Merchants, & even the UCC allhave remedy & recourse, but for a long time we could not find it. If you go to a law library & ask tosee the UCC they will show you a tremendous shelf completely filled with the UCC. When you pickup 1 volume & 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 & Recourse are found in the U.C.C.They are found right in the 1st vol., at
1-207 & 1-103
.
Remedy
"The making of a
valid Reservation of Rightspreserves whatever rights the person thenpossesses, &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 & say. "I DEMAND MY CONSTITUTIONAL RIGHTS!", thejudge will most likely say, "You mention the Constitution again, & 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 & defend yourself under another jurisdiction
.For example, if the French govt. came to you & asked where you filed your French incometax of a certain year, do you go to the French govt. & 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 arecharged, not under some other jurisdiction
. So in a UCC court, you must claim your Reservationof 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, & 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:
anyexpression
indicating an intention to reserve rightsis
sufficient
, such as "
without prejudice
". (UCC 1-207.4)Whenever you sign any legal paper that deals with Federal Reserve Notes,
writeunderyoursignature: "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 signingin that way, he told the judge he was not prejudice against anyone. The judge knew that the manhad no idea what it meant, & he lost the case. You must know what it means!

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