How and When to use UCC 1-308

[MIWolf]

I know there are quite a few other threads, web pages, and books on UCC 1-308 (replacing UCC 1-207.4). But the one thing I have not discovered is truly How and When to use it and is it too late to use it?

I am in a state that is about to increase the income tax and I am seriously considering taking action to remove myself from that burden. My search on how to do this lead me to the UCC discussions.

So, as a 32 year old male with a mortgage and several credit cards and debt sources - is it too late to start using UCC1-308, "All Rights Reserved", and etc? And where should/can I use it - do I place it on my credit cards? what about when I sign for my groceries at the store? Because I didn't use it when signing my mortgage papers, will that be held against me later on?

In short - When/How do you use UCC 1-308, "All Rights Reserved", and etc.

Regards,
MIWolf

[gldskr]

Think for a moment what rights are being reserved when you invoke UCC 1-308. The UCC, while based upon the common law, is a statutory scheme. So whatever rights you reserve will be those specifically enumerated within that scheme.

By invoking UCC 1-308 in contracts you are asserting that the contract will be governed by the UCC, thereby waiving all other unalienable rights available to you. This is how the PTB would prefer you handle your affairs. Is this a wise course of action from your POV?

gldskr

[mrg]

Originally Posted by gldskr

Think for a moment what rights are being reserved when you invoke UCC 1-308. The UCC, while based upon the common law, is a statutory scheme. So whatever rights you reserve will be those specifically enumerated within that scheme.

By invoking UCC 1-308 in contracts you are asserting that the contract will be governed by the UCC, thereby waiving all other unalienable rights available to you. This is how the PTB would prefer you handle your affairs. Is this a wise course of action from your POV?

gldskr

Under common law, what are your rights?

[redy2fiyt]

Just so we all know what we are talking about:

§ 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.

(b) Subsection (a) does not apply to an accord and satisfaction.

________________________________

(26) "Party", as distinguished from "third party", means a person that has engaged in a transaction or made an agreement subject to [the Uniform Commercial Code].

________________________________

(3) "Agreement", as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303.

And since "Accord" is not defined in the UCC:

From Wikipedia, the free encyclopedia

Accord is of the semantic paradigm: agreement, harmony, alignment or concurrence and may refer to:
Contents
[hide]

* 1 Places
* 2 Peace agreements
* 3 International economics agreements
* 4 Political parties and groups of parties
* 5 Miscellaneous agreements
* 6 International accreditation agreements
* 7 Miscellaneous

[gldskr]

Originally Posted by mrg

Under common law, what are your rights?

If we can agree that restitution for torts and honoring our agreements are common law obligations, every other course of action would be considered a right. We govern ourselves.

Since it is the PERSON who always contracts with government entities, it is logical that the PERSON must make use of the UCC. For flesh and blood sovereigns, reserving ones rights are not necessary since they are always reserved unless specifically waived.

The PERSON's rights are granted, the sovereign's are unalienable. The PERSON must specifically reserve its rights, the sovereign must specifically waive his rights.

Sovereigns have no use for the UCC as it was specifically written for fictions. I do my best to avoid any fictional status.

gldskr

[joseph sugarman]

MI Wolf,

You are approaching you desired ends from the wrong direction. The very first action you need to take is to read your state statues regarding personal income tax. If your state requirements are the same as many others; your personal income tax burden is based on only two conditions. You have a certain level of personal net income, and you are required to file a federal income tax form. If you are not required, and do not file, a federal income tax form you are not liable for any state personal income tax. If, however, you do file and pay a federal income tax; there is not one thing you can do to protect yourself from you state tax under any conditions.

Joseph Sugarman, design@dream-home.com

[rentiap]

Originally Posted by MIWolf

I know there are quite a few other threads, web pages, and books on UCC 1-308 (replacing UCC 1-207.4). But the one thing I have not discovered is truly How and When to use it and is it too late to use it?

I am in a stateFunny the state that I was born in and can never leave is(Mostly liquid-some solid and sometimes gas)If I ever leave this state ,then I would be dead .Wouldn't I! How can you be in a fictional entity? a fiction of man's mind?that is about to increase the income tax and I am seriously considering taking action to remove myself from that burden. My search on how to do this lead me to the UCC discussions.

So, as a 32 year old male with a mortgage and several credit cards and debt sources - is it too late to start using UCC1-308, "All Rights Reserved", and etc? And where should/can I use it - do I place it on my credit cards? what about when I sign for my groceries at the store? Because I didn't use it when signing my mortgage papers, will that be held against me later on?

In short - When/How do you use UCC 1-308, "All Rights Reserved", and etc.

Regards,
MIWolf

joseph sugarman and gldskr are correct in that the UCC was only made for commercial entities.

Are you a state defined juristic person?
Are you a fictional character playing a part in a picture show or stage act? (Persona)
Are you a corporation?
Are you a person as defined by any state statutes?
Are you an individual?
Are you a natural person?(still a legal entity)

Or are you a man or woman. Period!
Don't let them label you into anything else.

BTW if you are a Man or Woman that UCC gibberish doesn't apply to you.

Now if you were to put non-asumpsit no value assured that might put their panties in a bunch.

[ezrhythm]

Excerpt from a very informative article, http://godissovereignfast.com/chapter6.html;

Without Prejudice UCC 1-207 [now 1-308], above your signature, on an instrument will represent the following:
Not a promise to appear and vitiates perjury.
Enforces the Right to contract and the right to compromise an unconscionable contract.
Reserves all applicable Bill of Rights and Article III judicial Power.
"Criminal intent" must be brought forward to proceed.
Separation of Powers.
All Constitutional terms dealing with contracts, judicial and taxes.
Reserves "personam" jurisdictional issues.
Estoppel of subject matter only jurisdiction, and summary Admiralty.
Non-assumpsit.
Habeas Corpus.
Activating clause for police power at "probable cause."
Disrupts Penumbra Doctrine.
(13) Confession and avoidance.

[Shoonra]

"Without prejudice" is properly used when, for example, you allow a transaction to continue (such as accepting delivery of merchandise) with some deviation from the terms agreed upon. It means that your permitting the transaction to continue so far is not to be taken as a ratification or approval of the deviation from the terms.

For example, if merchandise is supposed to be delivered, opened and inspected, but it's merely delivered and whoever delivered it won't wait for inspection but just wants a receipt for delivery right away, you'd include "without prejudice" (and maybe add a few words about how this deviates from the terms) so that, if the merchandise is unsatisfactory you can demand a refund or otherwise pursue your legal remedies instead of being held to have accepted it as is.

Putting it on, for example, a traffic ticket or a summons has no desirable legal effect; thinking you can sign that way and thereby blow off a court date or commit perjury or whatever is not going to have a pleasant outcome.

[ezrhythm]

And you know this by experience?

Of course you don't blow off a court date but it will sure make your court date more satisfying.