Sovereign Citizen Tries The “Tender Of Payment” Defense — Judge Shuts Down The Circus!

under uniform commercial code 440.2511 by tender payment 2 and three. >> It's not applicable to this case. >> And it could you tell me why, your honor? >> Because the UCCC doesn't apply to this circumstance. >> How you doing? >> What's your name, sir? What is the claim in this case, >> judge? This is a non-payment of rent action with a money judgement being requested as well. I'm showing that rent is due in the amount of $1,588, a court cost of $217 for a total rent retain of $1,85. >> I'm sure. >> Yes. How do you intend upon paying this? >> So, Y, I actually uh tender payment to group by management on November 3rd and uh my form of payment was refused. >> Was what? >> My form of pay she refused payment. >> What was your form of payment? >> A cashier's check. I actually have the voided check here and I'm asking for >> You had a >> Yes. cashier's check. Let me see >> if this is also the reflement. >> I do not, judge. Obviously, I'm standing in for Mr. twice. I believe my client or the client was supposed to be on um my understanding was that it wasn't a cashier's check. It was a uh a counter or a check and the reason it would have been refused was because he's had more than three checks come back as insufficient funds. But I would ask if my if I don't see if he's on here, judge >> from Randolph Court or group five on the Zoom. >> We don't have anybody checked in. >> We don't email. >> Hang on. He has an email saying >> about the refusal. Well, it's a it's a text message screenshot. Yeah, it's us email. I actually screenshot it. >> And it says from a um somebody with the last name of Aslam as Lam indicating that they received a rent check in the sum of 1238, which the check that he showed me was in that in the form of an over- the-counter check. However, must be certified funds. And then as second page as the system will not accept this maybe but >> yeah just my notes on the ledger show counter check which is a check that's not it's one of the ones they give you from the bank and I so again that's the decision I was taking anyways that that would it was refused. >> Yes sir. >> Yes. >> Um is there a reason why you can't get certified funds to the landlord? Uh well, they actually accepted December's rent from the same check, your honor, from my bank. >> Okay. But if >> Well, because it it cost and my my my defense is that under uniform commercial code 440.2511 by tender payment uh 2 and 3. >> It's not applicable to this case. >> And it could you tell me why, your honor? Because the UCCC doesn't apply to this circumstance. >> I'm sorry. >> The UCC doesn't apply to this circumstance. >> Uh, it's a commercial transaction. Your honor, >> the UCC does not apply. >> Okay. Is So, where could I find this at that says that this isn't a commercial transaction? >> That would be your assertion. I'm telling you it doesn't apply to this. just under for my understanding that uh the uniform commercial code governs all commercial uh transactions uh in commerce. And so based off of this law, tender payment is why uh my defense is that once the the tender payment was refused at that time the the charge or the total amount was charge. Even if you were to do that analysis, you can't then have unjust enrichment, which means that you want to move. >> I'm sorry. You can't have unjust enrichment. So, you'd have to move because you can't have the apartment and not pay. >> No, I mean, I paid the rent. I They took the exact form of payment. And >> Sir, are you going to tender a check or no? certified funds to them. >> I will tender I'll tender payment. >> Are you going to tender certified funds for the 1805? >> So your honor, um my rent is 1238 um and just the extra $700, $600. I'm not sure where it's coming from, but um if they accepted the rent payment and and from my bank in December, I'm sure I don't know why they wouldn't accept it. >> Now, they refused November and then they accepted December. >> Sir, >> yes. >> I'm asking a very simple question. >> Yeah. >> Are you going to tender certified funds to them in the amount of 1805? I will I will surrender uh I will submit funds >> certified funds to them. >> I plan to it cost me to to do certified. So I would >> as transactions that they've had in the past. So that is my question to you. Are you going to submit certified funds? I'll submit certified funds >> in the amount of 1805. >> I um like to debate that amount because I'm not sure where that amount's coming from. A rent is $1238 in court cost. I'm not sure what other $600. >> All right. Here's what I'm going to do. >> Yeah. defendant to submit 1,238 which at this point is the undisputed amount in certified funds to the landlord and then we will look at the disputed amounts. I will adjourn this matter to January 5th at >> 2 p.m. >> at 2 p.m. And I would just note to you, Mr. Smith that if those funds aren't in, I'm not hearing any additional argument. I will be granting a judgment which will be for their full amount plus what will at that point be January's rent. >> Your honor, also uh the fourth I have to work. So every time that I'm coming here, I'm have to take off of work. And I >> sir, I cannot help that. >> I mean, is there a way that we can set a different date? >> That is my next date. >> Okay. Thank you.