8395Case law on tendering payment (gold)
- Apr 30, 2005
Well you cannot just site the constitution. Yes it is a first class legal authroity but, from begining of a Republic case law (form of common law) has always been used to define such things as our constitution, law, court rules etc. As to it being worthless opinions I do aploygies if this offends anyone , but in my experiance positive case law (headnotes, or legal holdings not context of case) when used correctly has boxed even the most prejudical of courts into a corner where they had to rule in my favor. So case law that is head notes or holdings that are positive law will make your case. The one real problem with just citing the constitution here is that since the UCC came in and since I am assume this is dealing with a mortgage of some kind you cannot boardly cite the constitution as a defense. Their first and valid defense will be that under the contract which is government by UCC (most contracts actaully state this) it was agree that certain tender which is consider federal reserve notes are considered legal tender in whatever state in most of these contracts. In order to win on that type of argument you will have to cite state case law states gold and silver is tender (remeber states can always give more constitutional protects that supersede federal), that the bank in forming and excution of the contract actaully never gave anything of value (since federal resevre notes not worth nothing and all partyies in contract must give somthing of value in order not to be adhesive or void), this is where tender case law comes in to show value, also we have to show how you truly where not aware of this at time(so then can not raise defenses that you where aware of all conditions of contract) this is so they can not bring up not our fault you made dumb contract, and finally you will want speically plead this in most states as your answer and motion to dismiss or you may waive right to.(most states require void contracts, or usury, fraud, to be raised speificaly in answer with facts supporting it or it is consider waived).
If this is a mortgage there are other defenses I will look for such as TILA violations, RESPA violations, or even state law violation of usuary statutes(above legal limit Illinois is 9 percent)
If credit card FDCPA, FCRA, and defenses such as lack of personal knowledge (failure to have affidavit filed with complaint)
If you like I can send you tender case law for your state. I have already research all 50 states on the issues.MODERATOR/BEAR: PAY ATTENTION!! DO NOT request the case law for your state by posting to the group; REQUEST IT STRAIGHT FROM JAMIE AT HIS EMAIL ADDRESS...THIS IS A WARNING!So would be no problem. Oh what ever you do not cite that Michigan case that suppose to support Federal Resevre Money is no good etc. That case was overturned , not to mention it was only a case ruled on by magistrate (has no binding authority even in that local court), and from what I have seen is just a patriot siver bullet argument sold at high prices and personally know people that it failed to work for. Welll I hope this helps , that I did not assume anything incorrectly, and if did hope it still helps. Let me know if you want case law
Oh one last thing I used usuary defenses, as well as essiental elements of contracts, (no meeting of mind, considerartion, value etc), and void contract due to violation of statute in mortgage void judgment case and actaully had attorneys try to settle case after judgment been rendered for 5 years. That should show the power of it would have probably vacated if person who motion was used would have went through to hearing instead of dropping it.
>From: greg lesher <downwiththeun@...>>Reply-To: email@example.com>To: firstname.lastname@example.org>Subject: [tips_and_tricks]Case law on tendering payment (gold)>Date: Wed, 27 Apr 2005 21:43:03 -0700 (PDT)>>>>__________________________________________________>Do You Yahoo!?>Tired of spam? Yahoo! Mail has the best spam protection around>http://mail.yahoo.com>>>
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