UCC 1-308 When Signing Custody Papers

[tashy4]

I apologize if this has been brought up before, I have done a search and have not found a clear answer. First off the details.

I know of someone who is currently in a custody battle the children have resided with the father at this point for 18 months at the time the divorce/custody paperwork it had only been 8 months. Due to the issues that they reside in different states. Now the issue is her lawyer has just resigned her post and the other sides lawyer is trying to force her to sign a settlement, which she does not agree with, while she does not have proper legal representation.

So my question is if they send her paperwork and the court states she will be in contempt, which is a threat being made by other lawyer, when she signs it and states "without prejudice" UCC 1-308 on it by her signature the agreement is not binding and she can fight it once she hires a new lawyer is that correct?

Another question if she signs as such and it gets submitted and implemented via the court since she would have the UCC on there would she in turn be able to file a new motion for custody in her state? Since the court would have technically considered the case closed and no longer have jurisdiction, or would she still have to do it in the state they currently reside?

Also regardless of where she files a new motions she would have to wait until she gets them for the summer, so basically the question is once again, since the "agreement/settlement" is non binding at that point she can in turn do this right?

Thank you for any assistance I am eternally grateful.

[sheisaceo]

Originally Posted by tashy4

I apologize if this has been brought up before, I have done a search and have not found a clear answer. First off the details.

I know of someone who is currently in a custody battle the children have resided with the father at this point for 18 months at the time the divorce/custody paperwork it had only been 8 months. Due to the issues that they reside in different states. Now the issue is her lawyer has just resigned her post and the other sides lawyer is trying to force her to sign a settlement, which she does not agree with, while she does not have proper legal representation.

So my question is if they send her paperwork and the court states she will be in contempt, which is a threat being made by other lawyer, when she signs it and states "without prejudice" UCC 1-308 on it by her signature the agreement is not binding and she can fight it once she hires a new lawyer is that correct?

Another question if she signs as such and it gets submitted and implemented via the court since she would have the UCC on there would she in turn be able to file a new motion for custody in her state? Since the court would have technically considered the case closed and no longer have jurisdiction, or would she still have to do it in the state they currently reside?

Also regardless of where she files a new motions she would have to wait until she gets them for the summer, so basically the question is once again, since the "agreement/settlement" is non binding at that point she can in turn do this right?

Thank you for any assistance I am eternally grateful.

She is better off without the lawyer...any lawyer. If she is served with papers, institute refusal for cause (all rights reserved under signature tantamount to UCC 1-308 or UCC 1-207) which is a very easy process and we are guaranteed this right by the Constitution. Then tell her to get a copyright/redemption package, study and apply, and put a lien on her ex-husband until he plays fair. The lien will probably force him to fire his attorney as well because he will be financially stuck until then and a lien is as solid as a rock. We do not need lawyers because all lawyers work for the state and it is a losing proposition in conflict of interest. Tell her to mention taking a lien against someone to a lawyer and watch how he, or she, evades the topic because he or she knows.

[tashy4]

She is better off without the lawyer...any lawyer. If she is served with papers, institute refusal for cause (all rights reserved under signature tantamount to UCC 1-308 or UCC 1-207) which is a very easy process and we are guaranteed this right by the Constitution. Then tell her to get a copyright/redemption package, study and apply, and put a lien on her ex-husband until he plays fair. The lien will probably force him to fire his attorney as well because he will be financially stuck until then and a lien is as solid as a rock. We do not need lawyers because all lawyers work for the state and it is a losing proposition in conflict of interest. Tell her to mention taking a lien against someone to a lawyer and watch how he, or she, evades the topic because he or she knows.

How would she go about instituting refusal for cause?

[ZOBOLI]

double post

[sheisaceo]

The minute that she is served, she writes a letter telling the court clerk that she is returning the notice for refusal of cause.

TO CLERK: "This instrument is returned to you for refusal of cause. Please insert this response in the jacket for this cause number" xxxxxx-xxxx. She should sign her name in blue ink and take a red pen and write diagonally across the first three pages 'REFUSAL FOR CAUSE'. It is as simple as that.

Please make note that the instructions for this goes back many years thus the differences in ink.

Take this letter to a notary. Make sure that the letter has an area (jurat/acknowledgment) for the notary to sign, at the bottom, with a description that the notary has seen the letter, is knowledgable of the contents and assures that your friend (spelled out) wrote the letter for the purpose intended. Then take the letter and send it certified with delivery confirmation.

Make sure that she gets a copy of the same letter stamped by the notary, also along with the receipt for the letter mailing and you can even take this farther to print out the delivery confirmation from the post office when you go online to see if it arrived at destination for her records. If there is any issue where someone says that this letter was not received, you have your paper trail for recourse.

In an ideal world you have 72 hours to do this, but the preference is to do this immediately.

After delivery, call to make sure that the action was rescinded. Should be 10 days later.

Please see this link:

http://www.suijuris.net/forum/succes...debt-gone.html

There is helpful information for this same subject. The above I devised myself and has proven successful.

[ZOBOLI]

Before you do anything rash - Dig This:

http://waysandmeans.house.gov/hearin...riendly&id=954

[sheisaceo]

Good post Zoboli. Thanks!

Just be aware of what you are up against.

Basically put, do not consent to ANYTHING where attorneys, any attorneys and for the state even if a 'friend', are.

[tashy4]

Thank you for your help, I will forward how to respond in case she get served. Zoboli, I appreciate the artilcel and found it very elightening, but am unsure as to how it can assist in this matter. Though I still have the basic question will writting "Without Prejudice" UCC 1-308 on any custody agreement elimiate the courts jurisdiction in this matter once it gets filed?

I apologize if the answer was given on the replies as I am new to this and still trying to properly understand.

[sheisaceo]

I was there, too. Once in statutory jurisdiction, the only argument, and on appeal mind you with the Uniform Commercial Code, is with legal jurisdiction where written law is declared in contradistinction to the unwritten law.

FYI, there are laws for common, equity and admiralty, thanks to the constitution, but statutory has only policy. There was a blending of this in 1938. You will get a better idea of why if you research Erie Railroad Vs Tompkins (sp?). This is also the case law that you would use if your friend has to use something to challenge a judgment...any judgment for jurisdiction IMHO.

She can do it and better than a lawyer can because the LAWYER WORKS FOR THE STATE AND THAT IS THE WINNER.

See http://www.barefootsworld.net/sui_ju...onnection.html

This is going to take some time to absorb but the ideal of the law is that everyone should know the law and those that don't get hurt because of it.

[ezrhythm]

Originally Posted by tashy4

Thank you for your help, I will forward how to respond in case she get served. Zoboli, I appreciate the artilcel and found it very elightening, but am unsure as to how it can assist in this matter. Though I still have the basic question will writting "Without Prejudice" UCC 1-308 on any custody agreement elimiate the courts jurisdiction in this matter once it gets filed?

I apologize if the answer was given on the replies as I am new to this and still trying to properly understand.

Welcome to the Sui Juris forum tashy4!

NO, UCC1-308 does not eliminate the courts jurisdiction. It is very important to know and completely understand what something means before executing it.
Here is a write up about 1-308. At the time it was 1-207. http://godissovereignfast.com/contents.html

This has certain benefits too;

(b) If an indorsement [signature] states that it is made "without recourse" or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) to pay the instrument. UCC 3-415