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concept for many people. It is often misunderstood. Here's my attempt at explaining it! For more info, vinyasi-publicrecords.info/data/a4v.pdf Acceptance for value is a commercial remedy. A remedy is a commercial right that is obtained 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 are made available through the instrument by waiving defects in the instrument. -Acceptance - An agreement, either by express act or by implication from conduct, to the terms of an offer so that a binding contract is formed. If an acceptance modifies the terms 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 such acceptance had not been made. (Black's 4th) If an instrument is issued based on a pre-existing agreement or contract, it does not have to be issued for value. The issuer's defenses are in that contract. If the agreement of the transferee (person who receives the instrument, e.g. US citizen receiving a violation ticket) is not performed to the satisfaction of the transferor, he can back up his claims with 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 no value 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 was the violation of a US statute. If you have no contract or promise given to act under those statutes, there is no obligation to pay. If a person gives this instrument a qualified endorsement, 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 due course. 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 definitions 44. "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 he quires 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 chargeback 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's demanding performance on it is generally an offer to create a new contract. If you accept that by just signing it, you are accepting this new contract, you have the liability, you gotta 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 is who is the creditor and who is the debtor? Once that is known, (once you sign that ticket with 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 value for 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 chargeback 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, not money. It is credit, which basically means all money is debt. Money is "created" off of a man's promise to pay the money back. The money isn't created out of nowhere, it needs someone 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't lend it's own credit. That's why they call it extension. It is extending another person's credit to a third party. It isn't a loan, it's an extension of a previous process. The credit comes from the man (private) to the bank (public) and back to the US citizen the man represents (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 the instruments, 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 any rights, unless he negotiates the terms to be advantageous to him. If he lets his signature be used 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 no written contract to back them up) are nothing but requests for a man's credit! They are credit applications, they need you for money! If he signs it correctly, he becomes the creditor. 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 = US citizenship) 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 in United 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 = US citizenship) for rights (get/use private credit) if he gets those rights in return for his commitment to extend (public) credit (distribution from trust to the man through the US citizen) -A person (US citizen) gives value (man's private credit)(to US) for rights (to operate in commerce 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 you want to learn more. When you A4V, you are using a position as beneficiary of a trust created by the Constitution and one in 1933 created by President Roosevelt. The reason you have this right is because of the constitutional Oath the President takes, in Article II. Judges have the 5 USC § 3331. Oath of office. An oath of office is different than an oath. I'll let you get into all of that, but the point is... as long as there is an officer with an oath required by the 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
based on Constitutional guarantees. The birth certificate is a remedy. It represents the antecedent claim you have against the US, and is evidence of a preexisting contract. It represents the pre-paid account you have available to you for setoffs. Acceptance. Acceptance by silence. Acceptance of an offer not by explicit words but through the lack of an offeree's response in circumstances in which the relationship between the offeror and the offeree justifies both the offeror's expectation of a reply and the offeror's reasonable conclusion that the lack of one signals acceptance. * Ordinarily, silence does not give rise to an acceptance of an offer, but this exception arises when the offeree has a duty to speak. - Black's 7th If you act like a US citizen in your communications, there is no obligation to respond. If you act like one of the beneficiaries on the trusts created by Constitution and FDR, they do, and their silence is acceptance. Your communication should give the terms of the agreement to another party, who must have a delegation of authority to represent the United States. The president can bind the US, and has agents who can do it on his behalf, which are the heads of the 3 executive departments. Homeland Security, Treasury, and Justice. The Secretary of Treasury is the banker for the US, and should receive the endorsed instrument, where it is treated like a check and deposited to settle an account. When you A4V, you become holder in due course of the instrument. You can enforce the instrument on the issuer. He has the duty to pay if it is issued for value, but only if this is recognized and endorses properly. To be a holder in due course, the holder must meet all of the elements in 3-302. 3-302 Holder in due course A. Subject to subsection C of this section and section 3-106, subsection D, "holder in due course" means the holder of an instrument if: 1. The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and 2. The holder took the instrument a) for value b) in good faith c) without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to pament of another instrument issued as part of the same series; d) without notice that the instrument contains an unauthorized signature or has been altered; e) without notice of any claim to the instrument described in section 3-306; and f) without notice that any party has a defense or claim in recoupment described in section 3-305, subsection A. This is good here.
from UCC 3-303 Official Comment... "If an instrument is not issued for consideration the issuer has a defense to the obligation to pay the instrument." Andddd take the inverse of that... If an instrument IS issued for consideration, the issuer has NO defense to the obligation to pay the instrument. Refusal for cause In general, it is better to A4V every instrument you get, rather than refusing for cause any of them. For multiple reasons. When you refuse for cause, you are refusing to take the instrument because of defects in the instrument. This requires a larger knowledge base of statutes, codes, etc... not something most people want to learn, especially not when you are a Free-man-on-the-Land! It also requires that the transferee addresses specific defects. This will require you to be able to think on your feet in court. This is a lot of trouble when you can just A4V. When you A4V, you are aiding your country by accepting all of their offers rather than refusing. You are aiding them in a time of emergency (bankruptcy) in reducing the national debt. Without Resource Adding without recourse to a signature is another qualified endorsement. It takes the signatory out of the equation, removes all of the liability the endorser might have on the instrument. You are not an accommodating party, or a responsible party, when you use this endorsement. In general, when using A4V, it is better to not use this, so you can be seen as an aid to the US. You are agreeing to remain responsible in the agreement and you are seen as an ally. Suretyship US citizens are all presumed to have agreed to be a surety for repayment of the national debt. Being a surety is better than being an accommodating party, which gives its name and credit but gets nothing in return. A surety receive an asset for agreeing to be a surety. Here is an example of suretyship: "For example, an officer may need two sureties before he can commence his official duties. He would find two people who agreed to be his sureties. They would sign a document (perhaps a bond) as sureties for the officer. The officer would give the sureties an asset, like a deed of trust, as a security for them in the event they would be required at some time to pay a debt for the officer. If the officer were a tax collector, and he died, all of his accounts would have to be settled. If there were no money in his accounts to pay over the taxes he had collected, his personal property would be used to settle that debt. The US and its creditors do not want to spend the time or money to liquidate the dead officer's personal property, so they just go to the sureties to collect. The sureties are required to pay immediately. Then the sureties, as holders in due course of the deed of trust, have the right to enforce the deed. They can sell the real property connected to that deed of trust, so they can be reimbursed. The dead officer'sheirs cannot claim a right to
that property, because the deed of trust the sureties hold is an enforceable instrument. Sureties for the United States have the same options. Since the sureties are fictions, the people who represent those sureties can opt to use their pre-paid account to "pay" when they receive instruments that are issued and transferred for value. They do not have to pay with their public deeds, accounts, and cash of the persons they represent. If they do pay with public currency, they have the right to be reimbursed. If they opt to use their pre-paid account, they use the Secretary of Treasury to setoff the debt. Either way, the surety stays in honor and performs according to his promise."
Summary -There is a trust created by the Constitution, and one created by Roosevelt in 1933 when the gold and silver were removed. -The people are beneficiaries of these trusts if they correctly accept their birth certificates. -A4V is establishing your position as: Holder in due course, transferor, enforcer of the instrument, and beneficiary of those trusts -A4V is a qualified endorsement, you gain a security interest in the instrument -Instruments that are not backed by an intentional written promise to pay or perform must be issued for value. -The issuer of an instrument holds the liability on the instrument -Instruments issued for value have no value until they are endorsed -An instrument is issued or transferred for value is: 1) for a promise of performance, to the extent the promise has been performed 2) To acquire a security interest or other lien in the instrument other than a lien obtained by judicial proceeding 3) As payment of, or as security for, an antecedent claim against any person, whether or not the claim is due 4) In exchange for a negotiable instrument 5) In exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument
That's all for now, I will be updating periodically with a couple of new sections and revisions here and there. To help solidify these understandings, go to this link: vinyasipublic-records.info/data/a4v.pdf