72 hour to refuse

[David Merrill]

I say the UCC is nothing more than the Lex Mercatoria, the Law Merchant codified.

Acquire the exclusive original cognizance of the US on your Refusal for Cause and if they proceed with the contract as though you acquiesced, you can get a certified copy from the US clerk proving otherwise.

The clerk instruction with only one Registered Mailing is for R4C when the "judge" (like Judge Roy Bean is not a real judge at all), the magistrate steps out where he or she has no jurisdiction. You Refuse for Cause the blurt back to the presenter at the same address as the clerk keeping your evidence repository.


Regards,

David Merrill.

[powder]

The 72 hour "myth" is not a myth. It is a foundation to contract law. The only time a 72 hour period would NOT be granted is if the contract had wording that 'eliminated' the 72 hours. However one may argue terms&conditions....

A case law reference:

http://caselaw.lp.findlaw.com/script...l=05&invol=224

The addendum imposed the condition that “[a]ll first right to purchase options must be exercised within 72 hours of another acceptable offer. This exercise shall be in the form of an accepted Buy/Sell and deposited earnest money toward that transaction.”

http://www.wealth4freedom.com/gov/plain_talk.htm

2. Put the Notice of Notary Service with your Declaration, "Affidavit of Commercial Truth", and your Discovery Disclosure (Subpoena Deuces Tecum), Show Cause, and (((COPY))) of the Surety Bond giving them seventy two (72) hours in which to respond. 72 hours is appropriate under authority of The Expeditious Transaction Act [12 C.F.R. Part 226.1] and the Truth in Lending Act [31 C.F.R. Part 226.1]. They Know this 72 hours from the time they sign the return receipt to get something IN THE MAIL on its way back to you!! They have an additional 3 days after their 72 hours is up for mail travel time. They also know if they need more time to ASK for it, they do NOT need to be told!!!

[David Merrill]

Wonderful post, Powder.

That may be the one that settled the entire issue for good. Great research!

[charlesa6]

Yes indeed, powder. 72 hours is ineffect.

[theghost]

To all, I can't believe anyone here thinks the 72 hour rule is a myth. It does come from TILA, the Truth in Lending Act. If in doubt, for those with a mortgage, look at your Truth in Lending Statement from the closing, (should be in triplicate), and see if it doesn't clearly give the buyer three business days to back out of the deal. EVERY state has it, and it IS basic contract law. It's similar to the "Lemon Law' when purchasing a car, only much stricter. If you think about it, how could there NOT be such a rule in contract law, as complex and all encompassing as it is?
On another note; I personally have refused at least three traffic tickets on this rule alone, and nothing EVER became of it, no judgment, no arrest, no fines, nothing. I'm not saying it will work everywhere, but it has worked for me.
Let's conduct an experiment: let's call 10, 50, or 100 lawyers or even law professors ( we might get a quicker cleaner answer from a paralegal (?), and ask them how many days we have to back out of a contract we signed, and see what they say, and then ask them where that comes from. Just a thought.

[powder]

I have 'returned' at least 7 offers to contract (a/k/a parking tickets) this way.

[David Merrill]

Originally Posted by powder

I have 'returned' at least 7 offers to contract (a/k/a parking tickets) this way.

And that is the objective of a Libel of Review. Despite the malfeasance and legal determination of the clerk, falsely branding the petitioner pro se and citizen of the United States, and aside from the proven court of competent jurisdiction by properly publishing the default judgment in common law, the suitor opens an evidence repository for future Refusals for Cause:

"...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.

Note there are two clerk instructions attached. One is for presentments from the magistrate posing as a federal judge. That presentment goes back to the same address as the evidence repository.

Now if the presenter proceeds as though you have no absolute right of timely refusal, just get a certified copy of the R4C from the clerk of the US court.



Regards,

David Merrill.