What the heck??

[Raptor13x]

I bought my motorcycle cash about a month ago, and I have the Certificate of Origin. Suddenly, today, I get an envelope from our beloved Secretary of State... and they sent me a Certificate of Title. Now the dealer was specifically informed and it was agreed that the motorcyle was NOT being titled. Now how on earth did the State of Michigan send me a Certificate of Title on something they dont have the MCO on?? It shouldnt matter seeing as how I have the highest proof of ownership, but should I contact them about it or not worry about it?

[test]

Someone bought a new car last year and when he called the insurance company to add it to the policy the next day they just asked him the VIN # and they already had a full record for the car with all the info about make, model, color, options, etc.

Most likely the manufacturer has to provide all this data before the car/motorcicle is out of the factory or as soon as the chasis is in the assembly line, and probably is a fellony for them not to report that information.

The bastards have it all controlled and "legislated" from all angles, with the manufacturer, dealer, salesman, end user, etc.

Perhaps they also have an electronic MSO/MCO or something and that is how they sent you the CoT, but of course someone must have told them you bought the unit.

I was just venting, I am not sure what would be the best thing to do about it.

[DeJure]

If you have the MCO, don't you have higher title?

[weishaupt1776]

Bro, you should've filed at the county recorder NOTARIZED CERTIFIED COPIES of both the MCO, Bill of sale, with an affidavit affirming your ownership referencing the MCO & Bill of Sale as exhibits. Tell the clerk you are filing it as an affidavit. I told you to do this and now they're grabbing your nuts and trying to twist them.

MAKE 5 CERTIFIED COPIES FOR YOUR USE.
Keep 1 in your bike

Make the book/page # your plate number.

Then you can send them a cert copy of your registration & THEIR CoT back w/ a BIG RED VOID stamped or Majic Markered across.
Make copies. Send them the stuff cert w/ 3rd party server w/affidavit.
Keep copies of that on hand.

Your stallin'. Make a Move, man before those cats try to bury ya !!!

[David Merrill]

Weishaupt has some good ideas for common law presentment of your intentions.

The secretary of state is making you a contract offer. If you acquiesce, then you have agreed to the contract terms. The UCC and common law (absent any other provision) allowed you three days to say "No. Thank you."

The courts of competent jurisdiction, in addition to their (county) clerks have evidence repositories for those judgments, opinions, decrees and rulings (findings of fact) etc. in the US Courthouse. That acquires the exclusive original cognizance of the United States about the common law process. The US courthouse is a conduit to notify and advise the foreign agents like the secretary of state. (Governors' Convention; March 6, 1933).

[weishaupt1776]

Is it refused for cause w/o dis?

[David Merrill]

Refusal accompanied by order to show cause.

It is non-responsive; look closely. It cannot be construed an appearance and does not cure jurisdiction.

http://ecclesia.org/forum/images/sui...n-response.gif

This is the proper way to say, "No. Thank you." in international law.

I met a woman yesterday, soon to be a suitor, who had been instructed to just send the presentment (parking ticket) back in a timely manner. Without marking it up at all.

I suggest one at least mark it refusal for cause. In addition put a copy into a case jacket in the US Courthouse. But in theory she was instructed correctly.

A suitor (couple) were just getting started with Lynn Meredith's Vultures in Eagles' Clothing back in about 1996. The husband was out and a certified IRS letter arrived for the wife. The carrier could tell she was nervous about signing and said, "Just write "Refusal for Cause" on it and send it back to them. It will go away." The postman said that!

After we drafted and cured remedy for them, the man had to tend a traffic ticket he got just before he was referred to me. He said, "My name is (true name)." (Judge) "You are not (legal name)?" ... "I am (true name)." After a moment of this the "judge" set a date to address the misnomer and presented the pink notice to the suitor. He wrote "Refusal for Cause" on it and walking it directly to the bench said, "Let the record show that I have refused this presentment for cause and returned it timely to the presenter." He left the courthouse with the attorney in the black robe sputtering, "Just what am I supposed to do with this?"


Regards,

David Merrill.

[weishaupt1776]

I just received another Notice of Deficiency, but haven't picked it up yet.
The previous mailing wasn't certified & I wrote refused for fraud w/ a cover letter & sent it back un-opened in another envelope.
The post lady presented the NoD it for me to sign for, but I said thast I would pick it up. It is still sitting there, so I guess I'll just refuse for cause instead of for fraud.

First, the applicable UCC code:

§ 3-501. PRESENTMENT. (a) "Presentment" means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.

(b) The following rules are subject to Article 4, agreement of the parties, and clearing-house rules and the like:

(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour.



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Read Definition above for what a "Presentment" is. Doesn't any demand for payment fall into that definition?





Now, read subparagraph (2).

Did they present any ID to you?

Did they present any authority for their "presentment" on behalf of another "Person?"

Did they "indorse" the presentment? DEF. OF INDORSEMENT (If they do, it's fraud)

Did they comply with the agreement of the parties? (Ask your Strawman)

I'll stop there, but there are all kinds of reasons why you can refuse for cause without dishonor, and I am careful to put the full "REFUSAL FOR CAUSE WITHOUT DISHONOR PER UCC 3-501(b)(3)."

Just my 2 cents.

Bob

[David Merrill]

Bob used the term "applicable".

The codified Lex Mercatoria and Law of Nations it a tricky route. You will find yourself competing for not only knowledge but experience with teams of the best-groomed attorneys who have spent their lives and careers at something you just read a snippet from on the Internet. But thanks anyway Bob, it is always good to get a refresher on the codified common law about rules of presentments. Once a suitor waited six weeks to refuse for cause, holidays and finally he forgot how. So I was helping him and he said, "You said we are not bound to the UCC." I blew up. "Every time you have talked to me you mentioned it is still on your desk, so you knew it is time critical." Now I tell people you have not made the decision to refuse until you have executed the paperwork. If you have to spend Sunday afternoon getting ready for the Post Office to open on Monday morning, then so be it. Get it done as you make your decision.

Try breaking free of the fetters of conditioning. The judiciary still exists but in the realm of competency:

"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.

What you are looking for is some kind of positive law jural society, aside from the global municipality METRO (City of Colorado Springs/METRO - City of Montreal/METRO, City of Baghdad/METRO, City of XXXXXX/METRO) operating under home rule of the constitutions. [Also see the inside cover of any US Code book. Only the Titles with asterisks are positive law and those are all prior to 1861. Any additions after 1861 are not positive law.]

http://www.ecclesia.org/forum/images...esignation.gif
Resignation of Judiciary

These are still provided for conditionally in Townships, Parishes, Frank Pledges (Tens - ten families in pledge) etc. Counties are the most convenient typically. They are still the common law outlet for when a couple chooses to marry the State for instance. [The State of Colorado will recognize a common law publication or even "shacking up".] Public Notice of real estate transactions and so on.

So here is the routine. Publish your rulings, judgments and decrees at your local county recorder, your court clerk. Utilize the US Courthouse for a conduit to notify and order these agents of a foreign principal (foreign state de facto). Here I have the territorial capital within my county so there may be some validity to acquiring apostile from the secretary of state for certain declarations of sovereignty.

Also a comment in response to a private message. I think if you are vacating a void judgment you must have been libelled by that "judgment". Therefore the nature or the vacation is counterclaim? I call vacating void judgments coram vobis, writ of error from our court to yours.



Regards,

David Merrill.