THIS IS MERELY AN EXAMPLE OF A PROTEST OF A BILL OF EXCHANGE UNDER NOTARY PUBLIC AND SHOULD NOT BE IMPLEMENTED IN PLACE OF SOUND LEGAL ADVICE FOR YOUR LEGAL PROBLEMS.  ONE SHOULD SEEK LEGAL ADVICE FROM A (LICENSED) PROFESSIONAL WITHIN THE JURISDICTION OF HIS/HER STATE CONCERNING HIS/HER LEGAL MATTERS.

 

This is a very simple protest for use as an example.  Protests should be detailed with statutes, codes, and case laws in support of the Protestor’s position.  The protest can raise any issue from a fact that the First Party did not in fact take a proper Oath of Office, or that the collective laws of his state are passed each year under the Restatement of the Laws by his state’s legislature in violation of the fundamental principles of Constitutional law on the proper procedure of how laws are to be enacted inclusive of the Governor’s signature and that the Legislature cannot, itself pass laws, to the argument that all Bills of Exchanges are equated to FRNs, which in fact do not pay debt only lawful tender pay debts.  Your reasons for the protest will depend upon the events upon which the Bill of Exchange was drawn and how one believes the Bill violates certain principles of Law.

 

(Name)

(Street or PO Box)

(City, State, Zip)

 

 

(Name of Agency, Person under the Protest)

(Street or PO Box)

(City, State, Zip)

 

Re: (Name, number of instrument protested)

 

(Date)

 

 

 

Bill of Exchange[1],

(Name of Agency, Person Under the Protest)

(Identify the Instrument, number, and date on instrument)

 Under Protest Under the Seal of a Notary Public

 

Notary Public's Duty

 

NOTARY PUBLIC may be used to protest[2] notes, bills of exchange, and the like.

 

A Law Dictionary — Adapted to the Constitution and Laws of the United States of America and of the Several States of the American Union — by John Bouvier — Revised Sixth Edition, 1856

 

Protest of Bill of Exchange

 

(Your name here) is protesting, under the Seal of a Notary Public of the State of California, the Bill of Exchange, known as (Identify instrument protested here) [See attachment] dated ________________ and/or (If the Bill of Exchange is known by another name place it here).  This protest is based on the fact that the (Name the protested instrument here) is a Bill of Exchange under the Uniform Commercial Codes, and the laws of this state recognizes the Protest under a Notary Seal as a legal remedy when  there is good cause.

 

It is a demand by the First Party (Name of person or agency originating the Bill of Exchange) against the Second Party (Your name) to pay a sum certain amount ($ amount on the Bill here) by a certain date (date due here) for the Third Party (The name of the entity such as the State of whom the money is to be paid to) – which is a BILL OF EXCHANGE pursuant to the Negotiable Instruments Act.  The Bill of Exchange is used as evidence against (Your name here) as having merchant status, and as acting within a commercial activity; in addition, as of violating the flow of infrastate, interstate, or foreign state commerce, as one may be engaged in a commercial activity.  (Your name here) denies and protests this alleged fact of acting within activities under the commercial laws because the money of accounts of this state remains to be gold and silver under the Mint Act of 1792 per the Congress of the United States.  This state recognizes this fact as lawful money of accounts under (Place the code of your state here, ie. California Government Code § 6850).

 

The Second Party (Your name) further protests this Bill of Exchange for the following reasons:

 

  1.  ……

 

 

 

 

I, (Your name), do hereby state under penalty of perjury under the laws of this state that the above statement are true and correct except those statements based upon information and belief, which statements I believe to be true and correct.

 

Date:____________________                      

 

            _________________________________________

                                                                                    (Your name)

______________________             

 

Authentication Through Your Commerce Jurisdiction:

 

STATE OF ____________________

 

COUNTY OF _______________}

 

            On _________________________before me, ____________________________

 

Personally appeared (Your name)

personally known to me (or proved on the basis of satisfactory evidence) to be the person(s) whose name is subscribed in the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

 

WITNESS my hand and official seal,

 

 

 

 

____________________________________________________

NOTARY PUBLIC IN AND FOR THE STATE OF _______________



[1] Bill of exchange.  A three party instrument in which first party draws an order for the payment of a sum certain on a second party for payment to a third party at a definite future time.  Black's Law Dictionary 5th Ed.  First party, (Name of person or agency originating the Bill here), Second Party (Your Name here), and Third Party (The Name of the Agency or person receiving the money), payment sum is fix at $ (The amount on your Bill that is owed here), payment to be paid on or before  (The date the amount is due).

 

[2] Government Code § 8208. The protest of a notary public, under his or her hand and official seal, of a bill of exchange or promissory note for non-acceptance or nonpayment, specifying any of the following is prima facie evidence of the facts recited therein: (a) The time and place of presentment. (b) The fact that presentment was made and the manner thereof. (c) The cause or reason for protesting the bill. (d) The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.