Notice of Condition Precedent

It is first important to understand that The Real Law of the Land in America is the Uniform Commercial Code (UCC) – not the US Constitution/Bill of Rights. The UCC was implemented in all 50 states by the mid 1960s. Quote from UCC GENERAL PROVISIONS § 1-103: “The Uniform Commercial Code must be liberally construed and applied . . . to make uniform the law among the various jurisdictions.” Some call this new legal system statutory law; some call it law merchant; and others refer to it as contract law.

[Lawfully Yours TalkShoe call – explanation of the Notice of Condition Precedent:]

Econtractach and every time we sign a registration form, application form, or contract it is presumed that we are knowingly signing a contractual agreement and that we are fully aware of all the terms and conditions and accept them, even though many times they are not disclosed. Common sense tells us that we cannot consent to terms and conditions of a contract that we are unaware of. However according to the current legal structure in place throughout the country, the presumption is that if we sign without noting our reservations, we are knowingly agreeing to all terms.

UCC Article 1, Section 1-206. Presumptions.

Whenever the Uniform Commercial Code creates a “presumption” with respect to a fact, or provides that a fact is “presumed,” the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.

Here is a good example from a notice we received in the mail from our local  bank in 2014 stating the new “terms and conditions” of our account contract.

“This document, along with any other documents we give you pertaining to your account(s), is a contract that establishes rules which control your account(s) with us. If you sign the signature card or open or continue to use the account, you agree to these rules.

This agreement is subject to applicable federal laws, the laws of the state of Ohio and other applicable rules such as the operating letters of the Federal Reserve Banks and payment processing system rules . . . The body of state and federal law that governs our relationship with you, however, is too large and complex to be reproduced here.”

So, by continuing to use our checking account it is presumed (see UCC § 1-206. Presumption) that we have agreed to a contract with “rules” that are admittedly not disclosed. All banks with corporate charters in America today are subject to the operating letters of the private Federal Reserve Banks because the money they use – FEDERAL RESERVE NOTES – is a private commercial scrip[i]. The vast majority of the population is completely in the dark regarding these so called rules.

Here is the glitch: because all governments and corporations use the private commercial scrip (the FEDERAL RESERVE NOTE) they are bound by the laws of contracts[ii], i.e. the Uniform Commercial Code. The UCC governs all commercial contracts. Enforceable contracts require “mutuality” i.e. both parties are aware of and agree to the terms and conditions. However, you cannot achieve mutuality without full disclosure. So, what the local bank did was coerced their customers into agreeing that non-disclosure is an acceptable term. They did this by threatening to discontinue the accounts of those that didn’t agree to their terms. Out of necessity most of their customers consented to the bastardized version of mutuality rather than close their accounts. As more and more people today receive their pay via direct deposit, not having a bank account would make it quite difficult for them to get access to the money they need to put a roof over their heads and food on their tables. This means that the customers accepted the non-disclosure terms either mistakenly or “under duress”. The fact that BAR attorneys write these entrapment contracts in a language that the majority of the population doesn’t understand should not surprise anyone and should enrage everyone.

The internet

In addition, when we visit web sites or accept the terms of Youtube, Google, FaceBook and others, it is also presumed that we are knowingly entering into a contractual relationship and understand and accept their terms and policies. Frequently we are requested to indicate our acceptance by clicking yes when a pop up box appears, but not always. Often there is a presumption in place that simply by visiting a web site to find out store hours or locations we are consenting to their privacy policies designed to assist them in data mining. Once you start looking at the terms you are agreeing to, you will clearly see that there is a really big problem with the notion of presumed consent when you go online.

Protection

To the best of our knowledge there is only one way to protect yourself from undisclosed terms and conditions and presumed consent in society today and that is to establish a condition precedent for your living flesh and blood self.

See: Are You Legally Dead or Alive?

As the entire system of rules, regulations and policies only applies to legal juristic “persons” (see UCC § 1-201. General Definitions (27) “Person” . . . legal or commercial entity.), it is important you separate yourself from the “person” presumption. Here is a short audio clip of a courtroom debate between a living man and a Judge in Florida trying to get him to consent to being a legal “person” under the judges jurisdiction:

It is also important to note – as expressed in the banking example – that our money/banking system is defined by undisclosed federal laws and the letters of the private for-profit corporation known as the FEDERAL RESERVE BANKS. By the way, federal laws only apply to US CITIZENs. If you vote in federal elections you are a registered US CITIZEN. If you checked the US CITIZEN box when you opened your bank account or applied for a driver’s license, without restricting your signature, you have decided to define your legal character as a US CITIZEN.

So, once you understand what is really going on and that more often than not undisclosed conditions are generally NOT in your best interest, it is strongly recommended that you:

  1. Stop being a US corporation CITIZEN and voting for the government corporation’s[iii] trustees who don’t work for you anyway – cancel your voter’s registration.
  2. Implement a condition precedent notice to declare yourself a living flesh and blood man or woman (versus a legal fiction “person”).
  3. Restrict your signature by signing “Without Prejudice” (see UCC § 1-308. Performance or Acceptance Under Reservation of Rights).

Black’s Law 4th Edition – condition precedent:

” . . . it is a condition referring to a future event, upon the happening of which the obligation becomes no longer binding upon the other party, if he chooses to avail himself of the condition.”

In other words, once you implement a legal notice (see UCC § 1-202. Notice; Knowledge) establishing your political and legal characters and sign your applications, registrations and contracts “without prejudice”, you can challenge the enforcement of onerous[iv] terms or conditions that either were not disclosed, were agreed to under duress, or only apply to legal juristic persons.

You can use the following example to create a Notice of Condition Precedent or write your own. This example was designed to define both your legal and political characters for the record. It also contains a statement for mothers and fathers to rebut the presumption that their son(s) or daughter(s) are under the parental authority of the State known as Parens Patriae.

Publishing

Option A)   Have your notice placed in the legal notice section of your local paper for four weekends. Ask the paper to send you a notice after it has been filed with the court. If the paper does not file it, you must get proof of the notice from them and file it on the public record yourself. Use the four line address request in your notice as it takes you out of the UNITED STATES[v] federal jurisdiction.

Option B)   You can also have your notice posted on the Condition Precedent web site for $20. This could help counter the presumption that you have agreed to the myriad of unintelligible terms and conditions associated with web sites or downloadable software or applications. You can view this site and the instructions here:

https://conditionprecedentblog.wordpress.com 

If you chose to have your Notice of Condition Precedent publicly posted on this site, the host will mail your notice to you directly after it has cured (been posted for 30 business days), thus providing you with the documentation needed to start implementing it. Keep the original and send out copies as needed.

Get and keep copies and reference numbers for all notices.

Without prejudice

Don’t forget to write “Without prejudice” above your signature each and every time you are called upon to sign anything . . . starting right now.

If an occasion arises whereas those seeking your signature deny you the right to clarify your acceptance via signing “without prejudice” above your signature, remind them that as they are using a private commercial scrip – the FEDERAL RESERVE NOTE – they are obligated under the UCC rules of contracts and agreements Section 1-308 to permit this reservation of rights. Be polite but persistent. Per UCC § 1-305, “Remedies [such as reservation of rights are] to be Liberally Administered”.


NOTICE OF ‘CONDITION PRECEDENT’

 In compliance with Executive Order 13132 (“Federalism”) signed by President Bill Clinton on August 10, 1999 Section 2:

“(d) The people of the States are free, subject only to restrictions in the Constitution itself or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives.”

I hereby define my political and legal characters as follows:

Be it known by all, that I John Doe, as a living flesh and blood man that on this day of 23 in the month of January and the year 2016 do hereby give notice to all in the world that I am not a citizen of the United States. Any who wish to challenge this admission must do so by responding to this notice within 30 days of last publication. Notice is also given to any one in the world who may have a contract (or unsigned presumed contract) under the above name, living at the below address, that this notice serves as an addendum to all contracts or presumptions ab initio, in which the signatory name may (or may not) appear. Notice that the following be included as part and above the signatory name: “without prejudice.”

Let it be known to all that this notice also serves to rebut any presumption that the State has parental authority (parens patriae) over my son and daughter: Jimmy John Doe (DOB 5-7-08) and Sally Ann Doe (DOB 2-17-04).

All return address or responses to be addressed as follows. Notice – all three line addresses will be returned to senders.

Line 1     John Doe
Line 2    307 John’s Road
Line 3    Akron, Ohio [12345]
Line 4    (united States of America)


The provisions, rules and orders that validate the Notice of Condition Precedent can be located by clicking on these links:

Title 28 Section 3002
Definitions
(15) “United States” means
(A) a federal corporation
https://www.law.cornell.edu/uscode/text/28/3002

Presidential Executive Order 13132
Section 2 Fundamental Federalism Principles (d)
https://www.gpo.gov/fdsys/pkg/FR-1999-08-10/pdf/99-20729.pdf

UCC Article 1 – General Provisions
Section 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies
https://www.law.cornell.edu/ucc/1/1-103

UCC Article 1 – General Provisions
Section 1-202. Notice; Knowledge
https://www.law.cornell.edu/ucc/1/1-202

UCC Article 1 – General Provisions
Section 1-206. Presumptions
https://www.law.cornell.edu/ucc/1/1-206

UCC Article 1 – General Provisions
Section 1-201. General Definitions (27) “Person”
https://www.law.cornell.edu/ucc/1/1-201

UCC Article 1 – General Provisions
Section 1-308. Performance or Acceptance Under Reservation of Rights
https://www.law.cornell.edu/ucc/1/1-308

UCC Article 1 – General Provisions
Section 1-305. Remedies to be Liberally Administered
https://www.law.cornell.edu/ucc/1/1-305

28 US Code
Section 1746 – Unsworn declarations under penalty of perjury; (1) and (2)
https://www.law.cornell.edu/uscode/text/28/1746

UCC ARTICLE 1 – GENERAL PROVISIONS

Endnotes:

[i] Because the FEDERAL RESERVE is a privately owned institution, their scrip – the FEDERAL RESERVE NOTE – is a privately owned scrip (currency).

[ii] See Clearfield Trust Company vs United States (1942); https://anticorruptionsociety.files.wordpress.com/2014/05/clearfield-doctrine.pdf

[iii] See “Definitions” (15) in Title 28, Section 3002; https://www.law.cornell.edu/uscode/text/28/3002

[iv] Definition of onerous from Merriam Webster Dictionary: “having legal obligations that outweigh the advantages”

[v] See 28 US Code, Section 1756 (1) and (2); https://www.law.cornell.edu/uscode/text/28/1746

15 responses to “Notice of Condition Precedent

  1. Ask the paper to send you a notice after it has been filed with the court.

    you lost me here. so the paper is supposed to file with the county court i suppose and if they dont, then we have to.
    i think i’ve tried to do that in the past but no one knows what you mean when you say you want to file something into the public record. they either really don’t know or are playing dumb.

    if we go the web based route, does this still have to be filed with a court?

  2. What was the outcome of this mans case in the audio? It appears he went to jail and the judge revoked his bond. Isn’t that a denial of his due process rights and the fact the court is on record, wouldn’t that imply a constitutional court?

    • UCC has no due process other than rebutting their presumptions. It is all contract law.

      David Hall did not adequately rebut the presumption that he was a “person”. He should have objected every time the judge referred to him as such. He remained in the courts jurisdiction.

  3. Can someone explain a what a surety bond is and what that would cost and how to correctly fill out a UCC-1 Financing statement and or how to copyright our names.[Person]? Thanks!!
    Fathers across the country are being incarcerated under these dual proceedings, regarding child support contempt! Fathers are charged huge fines and are jailed at the same time. They are also being arrested without probable cause,through warrants!!

    • The contract being enforced on fathers comes from the implementation of the divorce contract on the “person”. Let’s not forget that all of these government/court contracts/agreements are written for legal fiction “persons”.

  4. I am dealing with an imputed child support order and this in my opinion is a unlawfully compelled contract that I did not agree to. This has been going on for almost a decade. This is a ghost order and I am trying to figure out how legislatures are allowing judges to force fathers into contracts that don’t exist and bill the father interest and arrears and charge additional fees just for processing child support. Example of Georgia law O.C.G.A 19-6-33 that allows any employer to charge a father employee, just for coming to work! Thanks

    • Most courts today require child custody “arrangements” and child support “payments” be integrated into the divorce agreement. It is likely you signed a divorce contract to enable you to get a divorce that contained these items. Therefore “the court” presumes that you have volunteered to abide by them.

      Because parents sign the “certificate of live birth”, the State presumes that it has controlling interest in your progeny. It is called parens patriae and it means government as parent. See: https://parentsaganinstmandatoryvaccines.net/2015/03/01/parens-patriae-and-mandatory-vaccinations/

      Also many fathers are unaware that they can apply for a reduction of child support. Although caseworkers won’t help you much, be persistent. Their funding depends on collecting as much money in child support as they possibly can. Again, you can apply for a reduction. Be persistent.

      • Can someone explain a what a surety bond is and what that would cost and how to correctly fill out a UCC-1 Financing statement and or how to copyright our names.[Person]? Thanks!!
        Fathers across the country are being incarcerated under these dual proceedings, regarding child support contempt! Fathers are charged huge fines and are jailed at the same time. They are also being arrested without probable cause,through warrants!!

      • The issue with my divorce is that I did not sign anything agreeing to the terms of the divorce decree, which is loaded with a lot of false swearing, there was no trial and there was no hearing! I have tried to modify my child support on my own, but the state is trying to get me to contract through their forms, with criminal statutes for perjury, so that they can use their statutes, to access any accounts I may have, and say I gave them consent. The agents for these local child support agencies are not lawyers,but they are practicing law, by using such documents, that insert, a criminal element,when child support is a civil debt! They have stonewalled me for over a year and I have been fighting them! They have been provided evidence for the federally mandated rebuttable presumption and brought me into court and did nothing and want me to go through the local agency, for the Title IV-D money! My case is complicated. Thanks! Its a military divorce situation and my former wife is a Captain in the United States Army and she has been allowed to used the Military, to abscond with our sons, for over ten years, which has completely eliminated me from having a relationship with them!! Thanks

  5. I am an untrained and unrepresented father and dealing with alot of custody and child support issues. How can the UCC be applied in these type of situations! It is now common practice for attorneys to charge fees just for talking to them or consulting with them and these fees are assumed to be non-refundable! Thanks

  6. What is the link at Lawfully Yours TalkShoe call for – explanation of the Notice of Condition Precedent ?? There are too many to sort through. Thanks…

  7. The guy in the audio directly above started out on the wrong foot. He admitted to being “the settler, the individual.” These are fictions. He should have said he was the Man. And who here has a claim against me?

  8. Great, clear information. I can see how one would need to be thoroughly grounded in these legal principles to be persistent in claiming them. I have found in situations as varied as IRS audits to police calls for feeding animals within city codes, having a good grasp of the law and being unwilling to back down will give you a powerful advantage, since most don’t know the law, are intimidated when you show them the actual text of a law you are using and fear liability should they oppose you and you are in fact correct.

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