Sovereign citizens misuse the phrase “Without Prejudice” by appending it to various documents and legal filings, believing it protects their rights or invalidates legal actions against them. However, this is a misinterpretation of its legal meaning.
In legal terms, “Without Prejudice” is typically used in the context of settlement negotiations, indicating that offers and statements made during those negotiations cannot be used as evidence in court if a settlement is not reached. Sovereign citizens often incorrectly apply it to other documents like court filings or contracts, believing it somehow renders those documents null and void or prevents any legal consequences.
. Here’s a breakdown of the actual meaning and why sovereign citizens distort it:
- Actual Legal Use of “Without Prejudice”:
- In real legal contexts, “Without Prejudice” is used in communication or agreements to signal that certain discussions or concessions won’t be used as admissions of guilt or liability in future legal proceedings.
- It allows for open and frank discussions during negotiations or settlements without those discussions being used against a party later.
- Sovereign Citizen Misconception:
- Sovereign citizens often add “Without Prejudice” to various legal documents (like court filings or responses to debt collectors), believing it somehow weakens the document’s validity or prevents legal action against them.
- They might believe it creates a precondition for further negotiations or implies they don’t acknowledge the legitimacy of the legal issue.
- Why It Doesn’t Work:
- Limited Impact: The actual legal impact of “Without Prejudice” is narrow. It primarily applies to discussions or concessions made during negotiations, not the core legal issue itself.
- Courts Not Swayed: Courts are familiar with sovereign citizen tactics and understand the intended meaning of “Without Prejudice.” It won’t prevent a judge from taking legal action.
- Sovereign Citizen Goals:
- Cast Doubt and Confusion: They hope adding “Without Prejudice” creates confusion or makes the document seem less credible in the eyes of the court or creditor.
- Delay Tactics: It might be used as a delay tactic, hoping to stall proceedings or discourage further action.
- Here’s what to remember:
- Sovereign citizens use of “without prejudice” is a misunderstanding of a legal term.
- It has little impact on the actual legal force of a document.
- Encountering “without prejudice” in this way is a sign of sovereign citizen ideology and potential resistance to legal authority.
Citations:
- The Sovereign Citizen Movement in the United States – Anti-Defamation League (ADL): https://www.adl.org/resources/backgrounder/sovereign-citizen-movement-united-states This resource discusses the misuse of legal terms and phrases by sovereign citizens, including “Without Prejudice,” to assert their independence from the legal system.
- What Sovereign Citizens Believe – Program on Extremism: https://extremism.gwu.edu/sites/g/files/zaxdzs5746/files/downloads/JMB%20Sovereign%20Citizens.pdf This document mentions that sovereign citizens believe that appending the phrase “Without Prejudice UCC 1-308” to their signature on documents protects their common law rights.
