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~ documents from sovereigns on how to attain freedom- Not legal advice-just what has worked for others

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Tag Archives: return for cause

Traffic – Ratification Of Commencement of Action

13 Tuesday Nov 2012

Posted by eowyndbh in Uncategorized

≈ 15 Comments

Tags

compelled contract, driver license, judge appointed agent, law merchant, Real :Party of Interest, red ink seal, red thumbprint seal, return for cause, return ticket, Rule 17, Title 28, traffic remedies, traffic ticket remedy, trust, UCC 1 -308

(For Frank ‘Austin’ England III) 

All past posts are now in a drop down below comments. )

(Blog Masters Note: Over a year ago, I was almost ticketed for not wearing a seat belt, got a warning notice instead. I asked Frank ‘Austin’ England III how I could proceed if I had gotten the ticket. Then we will proceed with an attachment that was e-mailed to me by Frank on the above title.

Do you sign citations in New Mexico?  We don’t here, because someone had litigated the issue of a compelled contract and the state bailed before the precedent went the wrong way.

I return the citation to the issuing officer with  . . .

RETURNED FOR CAUSE
WITHOUT COMMERCIAL DISHONOR
AND NO RECOURSE
WITHOUT PREJUDICE UCC 1-308
                                                                   

________________________thumb print in red ink as your seal
                         Signature

Got lots more on the statutory process and said process being private for profit copy right law . . . the statute can’t be enforced, it must be sold by the law merchant . . . that being the cop . . . but be careful not to go into controversy!  I always ask the cop “Do we have an appointment?” and begin having fun from there , , ,
I told him I was not sovereign yet.
Absolutely . . . don’t get into the sovereign issue . . . boils down to you exercising your “natural right” to travel” in lieu of being regulated in commerce . . . all you are, is a customer of the DMV . . . you are being “treated” as a “driver”.  You are simply the “Holder” (holder in due course) of the “License” that is needed to be in your possession for the law merchant to do business with you under the commerce clause, it is not your license, it belongs to the DMV.  At the actual presentment of the citation, you can note, without prejudice UCC 1-308 and sign your name . . . this is the remedy built into the Uniform Commercial Code and you have the right to exercise that right.  After you sign the citation, go home write across the face of the copy what I suggested and return it to the agent who made the offer. (be sure to get his or her complete name and the address of their office or barracks.  When he stops you, he is acting in the nature of a police officer . . . then he makes the offer, he changes his hat and goes into law merchant mode and tries to sell you the statute . . . I tell them I’m not interested in doing business with them . . . they are dealing in private for profit copy right law, a law that cannot be enforced, only offered for acceptance . . .  I’m not interested, what’s my consideration? See the attachments.

RATIFICATION OF COMMENCEMENT OF THE ACTION
By Joinder of a Trustee for the “Beneficiary” of the Trust

Title 28, Rules, Rule 17

Rule 17. Parties Plaintiff and Defendant; Capacity

(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest.

An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

[emphasis by me] (Frank ‘Austin’ England)

(b) Capacity to Sue or Be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the applicable state, except (1) that a partnership or other unincorporated association, which has no capacity by the law of its state, may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right existing under the Constitution or laws of the United States, and (2) that the capacity of a receiver appointed by a court of the United States to sue or be sued in a court of the United States is governed by Title 28, U.S.C., Sections 754 and 959 (a).

(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.

“Your honor, I am the creditor and trustee. Do I have standing to speak?”

Another thing I heard on a Jack Smith audio, and this too was very interesting, was about a man that had to go into court on a ticket.
Here’s what he said when his name was called, and he was still outside the bar.

“Your honor, I am the creditor and trustee, do I have standing to speak?”

“I am the creditor and trustee of my independent account in the public trust, is the claimant present so I may accept his offer and close this account? And the judge was silent. So the guy said “How can we proceed without a claimant or agent coming forth on behalf of the claimant?” and the judge said “remove yourself from my courtroom immediately!

The guys next move, if he would have had the opportunity or the judge would attempt to push the courts bluff, would have been to appoint the judge as the agent/fiduciary for the claiment, so the judge would have had to appoint a trustee to settle and close the matter. 

 

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Refusing A Non-Substantive Offer (Nullify Commercial Law)

01 Sunday Jul 2012

Posted by eowyndbh in Uncategorized

≈ 52 Comments

Tags

acceptance under UCC 1-308, law forms, motion to dismiss, nullify commercial law, Reservation of Rights, return for cause, sample forms, sample nullification, states illegal contract, substantive statute, substantive statute returned for cause, sui juris, U.S. corporation, UCC 1-103, UCC 1-207 replace by UCC 1-308, UCC 1-308 remedy, under protest, without commercial dishonor, without prejudice

(For Frank ‘Austin’ England III) 
(Blog Masters Note:  In the Last Post, Frank ‘Austin’ England showed you the difference between Substantive and Regulation as they appear in the Code of Federal Registry (CFR)  anything with Brackets  in the authorization is null and void if you send it back to the maker of the instrument.  This is an e-mail portion of one of his messages. )
Okay . . . virtually everything that the corporate government does and or serves on you, can be nullified nullified by simply writing across the “instrument” or “item” “Returned for Cause, Without Commercial Dishonor and No Recourse” . . . and above your signature write “Without Prejudice UCC 1-308”.
Study the three attachments.  Read the Remedy by non-assumpsit first . . . should bring you up to speed to deal with understanding the other two . . . This cuts the administrative process off at the knees . . .
 
(Blog Masters Note: These are a set of three documents that Frank ‘Austin’ England III used as training tools. One of those documents has already been posted  “Court (Remedy by Non-Assumpsit)” Now we will go through one that hasn’t been posted already:

NULLIFY THE LAW 

Government has no jurisdiction under the constitution.

 Important : UCC 1-207 has been moved to UCC 1-308 to hide it from the public. Also you will need to make written motions along with the verbal procedure in court in this article “The UCC Connection”  Additionally, lower level state courts and magistrates will not know what you are talking about. You have to either appeal to a higher court an/or ask for a real judge. In Federal court they will offer you a magistrate. Never accept a magistrate. You always want a real judge.I have enclosed a notification of reservation of rights. Make sure you get it notarized and then file it with the county to make it public record. This is usually the same place that you file a marriage license. After they stamp it filed, then make several copies and send it to real judges on the state and Federal level. Certified mail and return receipt. If signature is refused, then just send it first class mail and they are then responsible for its knowledge. Be sure to keep all of your mail receipts. DO NOT send it to magistrates or judges that only try traffic tickets and dog bites etc.. Send it to real judges that try real felonies. It’ll take about 15 to 30 days, but there will never be a warrant issued for your arrest or to search your property unless Ya actually harm someone.  Also so you should not get a traffic ticket. Sometimes the judges fail to put you on the list for diplomatic immunity. If you do get a traffic ticket, then just appeal the decision of the traffic ticket court to the next court up and file a motion to dismiss because of reservation of rights. Then you may never hear from them again, or they will drag it out up to a year trying to wear you down or scare you into a plea bargain. But stick to your guns and do not give in. There is nothing they can do. The fact is that he will never rule on your motion but continue to drag out the case until they can no longer try you. This is usually 12 months. Then you file a motion to dismiss because you did not receive a speedy trial.To test for diplomatic immunity, I suggest getting a parking ticket or removing your car tags. This way if you are not on the list and do get a ticket, this non moving violation ticket should not hurt your insurance in case ya mess up the process.

How the UCC 1-308 works.
Compare that the constitution for the US establishes for the court’s jurisdiction at common law, equity and admiralty under article 3. As opposed to this, the Federal corporation establishes a similar jurisdiction except as principles under the Uniform commercial code. See…                      
                                           UCC § 1-103. Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause shall supplement its provisions. 

Anytime ya see law by itself as in the foregoing, it means the common law. Except that they are taking the common law jurisdiction from the contract the UCC. The remedy of course is UCC 1-308.  So the UCC is a deceptive criminal contractual constitution of sorts to those who uses it against us.  

UCC 1-308 is the remedy for any legal process under commercial law in the U.S.

UCC § 1-308. Performance or Acceptance Under Reservation of Rights.(a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice,” “under protest,” or the like are sufficient. 

Since the Federal Corporation is just that, a corporation. It has no jurisdiction except with those that contract with it. Also see Congressional act of 1871 and USC Title 28, Part VI, chapter 176, sub chapter 176, subsection A, 3002 (15) “United States” means—(A) a Federal corporation;

The states illegally contracted with the federal corporation by passing the Uniform Commercial Code making themselves as well as the unsuspecting people subject to the Federal corporation and also to the states in their new commercial capacities. Therefore all of the laws (color of law) are contractual commercial laws and the remedy is UCC 1-308. The Uniform Commercial Code makes all crimes commercial only by contract as per 27 CFR 72.11. The problem is that you have to get into higher courts before they will recognize the remedy. The remedy however should legally and always be give without delay on demand or claim. This of course is the problem. The misdemeanor courts do not have a clue as to where their jurisdiction comes from and neither do magistrates. You have to get in front of a court with a real judge that tries felonies. The courts try to string ya along under duress of threat hoping that you can be scared into a plea. But they in the end have to honor the remedy. 

27 CFR 72.11 PART 72_DISPOSITION OF SEIZED PERSONAL PROPERTY–Table of Contents                         

Subpart B_Definitions Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marihuana will be treated as if such were commercial crime.   

Last note: The 14th amendment actually creates a lower class of “citizen of the United States” rather than the higher Citizenship of one of the several states of the union. The remedy provided to the 14th amendment, is an act by congress known as 15 United States Statute at Large, July 27, 1868, one day before the 14th Amendment took effect and also known as the “Expatriation Statute.” This is your remedy to claim to be a natural Citizen of your state. This makes you a higher Citizen and no longer subject to the Article 4 loophole that also deprives you of your rights.


Notification of reservation of rights

UCC1-308/UCC 1-207

PUBLIC                                                    Your name here, __________sui juris

THIS IS A PUBLIC COMMUNICATION TO ALL             
All rights reserved

UCC1-308

Notice to agents is notice to principles
Your Address

Notice to principles is Notice to Agents            
Your Address

Applications to all successors and assigns  
Your Address

All are without excuse                      
Phone: XXX XXX XXXX

Let it be known to all that I, your name here explicitly reserves all of my rights.

UCC1-308 which was formally UCC 1-207.

Further, let all be advised that all actions commenced against me may be in violation of,…

USC TITLE 18 > PARTI > CHAPTER 13 > § 242 Deprivation of rights under color of law

USC TITLE 18 > PARTI > CHAPTER 13 > § 241 Conspiracy against rights

Wherefore all have undeniable knowledge.

                                      

AFFIDAVIT

Affiant, your name here, sui juris, a common man of the Sovereign People, does swear and affirm that Affiant has scribed and read the foregoing facts, and in accordance with the best of Affiant’s firsthand knowledge and conviction, such are true, correct, complete, and not misleading, the truth, the whole truth, and nothing but the truth.

Signed ___________________________sui juris, This Affidavit is dated________.

                                                         NOTARY PUBLIC

STATE OF COUNTY OF______________________________________________________________

Subscribed and sworn to before me, a Notary Public, the above signed your name here.

This day of _________________________, 2009

Notary Public                 MY COMMISSION EXPIRES:_______________________________________

*************************************************** 

If you have been arrested, then you will need to file one of the motions below. If you are in a state court that only tries misdemeanors like traffic tickets and dog bites, they will not know what the motion is about and will will find you guilty. You simply appeal it to the higher court and file the same motion. If you are in a federal court, make sure that you are in front of a real judge. NEVER ACCEPT A MAGISTRATE !! The judge will act dismissive of your motion to scare you into a plea bargain and will continue to to make you appear before the court with all sorts of hearings and may even schedule a court date. But just keep reminding him to rule on your motion. The fact is that he will never rule on your motion but continue to drag out the case until they can no longer try you. This is usually 12 months. Then you file a motion to dismiss because you did not receive a speedy trial. The judge has to dismiss your case so do not be scared into a plea bargain of any kind. He will not rule on your motion but pick out some technicality that was made by the prosecution or officer. After this you will have the equivalent of diplomatic immunity and will never even get a ticket. You can only be arrested for causing injury to another party. However, just file the same motion to dismiss because the court still has no jurisdiction.

(Place the name of the court as per example

THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS )

                                            

MOTION TO DISMISS

(Plaintiffs name here)                                                                                                         Plaintiff

        VS                                           Case number (number here)

(Defendants name here)                                                               Defendant

Motion to Dismiss.

The defendant moves the court to dismiss this case against for the following reasons.

1. THE RESERVATION OF MY RIGHTS.

I explicitly reserve all of my rights. UCC 1-308 which was formally UCC 1-207.

§ 1-308. Performance or Acceptance Under Reservation of Rights.

(a) A party that with explicit reservation of rights performs or promises performance or assents to

performance in a manner demanded or offered by the other party does not thereby prejudice

the rights reserved. Such words as “without prejudice,” “under protest,” or the like are

sufficient.

2. FURTHER ADVISEMENT

This is to advise that all of the actions of the court and all others in these cases against Defendant

are in violation of …

A. USC TITLE 18 > PART I > CHAPTER 13 > § 242 Deprivation of rights under color of law

B. USC TITLE 18 > PART I > CHAPTER 13 > § 241 Conspiracy against rights

WHEREFORE, Defendant prays for the foregoing speedy relief.

Kindest and warmest regards,

Signed__________________________________________

Without prejudice UCC 1-308

From the defendant: (Your name here)

Physical address

Mailing address

Phone

 

                                                                                                                                             

                                                                                                                                                                                                   

                                           

 

 

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