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  #21  
Old 01-11-2007, 02:11 PM
redy2fiyt's Avatar
redy2fiyt redy2fiyt is offline
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Quote:
Originally Posted by David Merrill
The author of the document grabbed some definitions. I came across something in AmJur too:

Thanks, David. You are quick.

The whole redeeming the coupon and accepting it for value process is still a little confusing.

So, if a coupon is considered a negotiable instrument, then it is covered in the UCC. However, you discussed previously redeeming the coupon (actually it was SaveUncleSam):
[indent]Does this mean that is it available for discharge of debt using the bond taken out in the name of the one named?[/INDENT]

I didn't see this in the UCC. This is where I'm lost.
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  #22  
Old 01-11-2007, 05:06 PM
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David Merrill David Merrill is offline
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Quote:
Originally Posted by redy2fiyt
Thanks, David. You are quick.

The whole redeeming the coupon and accepting it for value process is still a little confusing.

So, if a coupon is considered a negotiable instrument, then it is covered in the UCC. However, you discussed previously redeeming the coupon (actually it was SaveUncleSam):
[indent]Does this mean that is it available for discharge of debt using the bond taken out in the name of the one named?[/INDENT]

I didn't see this in the UCC. This is where I'm lost.


It sounds as though you are lost without the UCC.
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  #23  
Old 01-11-2007, 05:41 PM
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redy2fiyt redy2fiyt is offline
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Quote:
Originally Posted by David Merrill
It sounds as though you are lost without the UCC.

My status is only "unplugged".

I do use the UCC a lot. What other documents govern commerce? I was under the impression that the UCC was the "go to" for all commercial transactions.
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Peace,

-Gabe
For educational purposes only, not to be construed as legal advice.
No liability assumed, no value assured, without recourse.
He who does not assert his rights, has none.

Oh, and in case you're wondering - the profile picture is really me.
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  #24  
Old 01-11-2007, 06:20 PM
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David Merrill David Merrill is offline
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Quote:
Originally Posted by redy2fiyt
My status is only "unplugged".

I do use the UCC a lot. What other documents govern commerce? I was under the impression that the UCC was the "go to" for all commercial transactions.


Well, I am a little surprised that coupons are not described or defined in the UCC too. It is just that aside from the reasonable timeframe for Refusal for Cause, (72 hours) I have not cited the UCC for a long time.
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  #25  
Old 01-12-2007, 09:27 AM
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Quote:
Originally Posted by David Merrill
Well, I am a little surprised that coupons are not described or defined in the UCC too. It is just that aside from the reasonable timeframe for Refusal for Cause, (72 hours) I have not cited the UCC for a long time.

What do you usually use? Codes, statutes, AM Jurisprudence, case law? Is there any one better than the other?
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Peace,

-Gabe
For educational purposes only, not to be construed as legal advice.
No liability assumed, no value assured, without recourse.
He who does not assert his rights, has none.

Oh, and in case you're wondering - the profile picture is really me.
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  #26  
Old 01-12-2007, 09:46 AM
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David Merrill David Merrill is offline
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Quote:
Originally Posted by redy2fiyt
What do you usually use? Codes, statutes, AM Jurisprudence, case law? Is there any one better than the other?

The truth.

For example I think in this time and under today's technology, three days (excluding Sundays and holidays) is a reasonable amount of time to consult with family and other counsel about a contract offer (Presentment).

It is conditioning, much like found codified in UCC that is dangerous to us. Once I thought I may have deprogrammed a fellow being prosecuted in a state/county court criminally for failing to file state taxes. (attached Notice)

The magistrate said they would like to proceed anyway, after acknowledging the Notice was on the record. Then he started talking with the prosecutor about whether they were going to trial. The prosecutor said he would like to go to trial on the fifteenth and the magistrate started saying that maybe there would be a blizzard and they both were waffling, waiting to see if the "defendant" would accept notice - to see if the matter was going to trial at all!

Well conditioning got him and I had to keep him from beating himself to a pulp when I told him what he had done to himself. So he Refused the notice of the trial for Cause timely. The next thing when the prosecutor realized he had killed the trial date R4C was to write a motion to the magistrate ordering him to trial - proving that the R4C worked just fine. Now the magistrate signed the Order, but they had to get him notified and without paper, for he would simply refuse that for cause too.

So they got a hold of his email address and tried to notify him that they wished to notify him and to call XXX XXX XXXX immediately to validate that he had received this email and that they were going to call the right telephone number the next day at 9am for a conference call to notify him that the trial day was still on...


Maybe you are getting it? You could trace all these activities and cite them from the UCC and say, "You see? Its all right here in the UCC."

I simply prefer the truth and common sense. Once you enter their forum and grant jurisdiction, from what I have heard the UCC is a very arbitrary and capricious body of law.

Long ago when people would tell me of successes in court I would try tracing them back to a transcript or even a case. But it always turned out to be a phenomenon of wishful thinking where the fellow saying so wanted to believe it enough he bought it believing whoever told it to him had verified the story. Sad but true. There are no UCC successes. None; unless you can post a transcript where a black-robed actor is capitulating to the UCC in the context you boast and I can call that clerk of court and get a certified copy.
Attached Files
File Type: doc Notice of Interlocutory Appeal sanitized.doc (36.0 KB, 44 views)
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  #27  
Old 01-12-2007, 10:03 AM
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redy2fiyt redy2fiyt is offline
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Great explanation, David. Thanks for taking the time to go through that.
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Peace,

-Gabe
For educational purposes only, not to be construed as legal advice.
No liability assumed, no value assured, without recourse.
He who does not assert his rights, has none.

Oh, and in case you're wondering - the profile picture is really me.
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  #28  
Old 01-12-2007, 11:43 AM
gratisman gratisman is offline
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I'm starting to see.

David,

Thanks for the response.

Here's what I'm gathering should be done:
  • Detach the coupon like it says.
  • Endorse it.
  • Return it Registered Mail along with your "Coupon Offer" doc

Is it that simple or am I missing something?

Thanks!
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  #29  
Old 01-12-2007, 12:08 PM
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David Merrill David Merrill is offline
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collection action

I think you will have to comprehend the debt action comprehensively or you will invite collection activity and its headaches.

For example you intend to "endorse" the coupon. If you literally endorse the coupon then you are in approbation of the bought credit etc. If you sign with your legal name that will be considered endorsement because it is a legal fiction speaking to them.

The man generates the credit by endorsement.

So you have to be the man, in the true name withdrawing endorsement by authorizing the credit or mortgage company to redeem the full amount of the coupon, principle and all.

These things all have to come together if you expect the setoff.



Regards,

David Merrill.
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  #30  
Old 01-12-2007, 12:21 PM
gratisman gratisman is offline
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to clarify:

I used the term "endorse" very loosely, and was hoping for a better description of how to add authorized signature to the coupon itself. I was responding to your responses from my previous questions.

My mortgage is with the very same institution as this gentlemen. I am in "default," and thinking of moving anyway.

Should the coupon be redeemed for the full amount of principle outstanding or just for the amount currently due?
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