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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32322
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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Under UCC law, can I Accept and thereby pay all my credit

Customer Question

Under UCC law, can I Accept for Value and thereby pay all my credit card bills and utility bills, including my cell phone bill? If so, exactly how is it done?
Submitted: 1 year ago.
Category: Business Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

I noticed that none of the other experts had picked up on your question and didn't want you to keep waiting. The reason no one had picked up is likely because we get these type of "free market" or "common law" questions a lot and usually the person asking the questions gets up set with the experts when we give them honest answers.

I assume you are asking about the Accept for Value proposition that involves the use of a straw man. While there are UCC sections dealing with "Accept for Value" they are not a way to get out of paying for debts which were legitimately incurred. Those sections of the UCC that are most often discussed by the people espousing the use to avoid paying bills were actually not designed for anything like that purpose and can't be used for that and can't be used in straw man purposes.

I can't explain how they are supposed to work because I have read through various websites that purport to explain how to do this and everything they base this on is flawed reasoning and shows a complete lack of knowledge as to the basic principles of the law. It is often used by the same people who claim that they don't have to have a driver's license to operate a motor vehicle on the roadways in America because the Constitution guarantees them the right to travel. Unfortunately, they are wrong on that topic as well since the cases all state that a right to travel and the right to operate a motor vehicle are not the same thing.

Expert:  Dwayne B. replied 1 year ago.

So the simple answer is no, the "Accept for Value" concept as expressed where you can avoid paying a debt due to the UCC sections does not really work.

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