Commercial Liens 5689288915bfd
Commercial Liens 5689288915bfd
Commercial Liens 5689288915bfd
WEAPON
Version 1.0
Table of Contents
(Note: Allow the full file to load before using the links below.)
Chapter 1
Introduction
Scope and Purpose of Manual
Some Notes on the Sample Briefs
The Commercial Lien Strategy - Background
Some Examples of the Strategy
The Power Of Commercial Liens
Chapter 2
Chapter 3
Chapter 4
Chapter 5
Chapter 6
Chapter 7
Chapter 8
Disclaimer
This manual is intended purely as a communication of information in
accordance with the right of free speech. It does not constitute either
general or specific legal advice. Anyone seeking legal advice should consult
a competent professional. Neither the author, editor or publisher
guarantee that using this information will result in success or protect the
reader from harm. The reader must accept that risk, and thoroughly study
the law before using any of this material. Readers must take full
responsibility for the consequences of any actions taken based on the
contents of this manual. For most readers, you may well be best off reading
this as a sort of "adventure novel." You can learn of some of
the actual documents and procedures being used by many freedom fighters. If
you were to actually use these documents and procedures you would probably
be at substantial risk to change your life in very major ways, some of which
may be very unpleasant. The use of Commercial Liens as described in this
manual is EXTREMELY high-profile. For most readers, it may be advisable to
use some of the "lower-profile" applications of Freedom Technology.
Generally, we think that rather than fight existing systems it's much more
productive, useful, and exciting to create alternative new systems.
These liens, because they are so powerful, should be treated with respect. We
do not advocate the use of these liens against all government officials, nor to
any official in particular. We honor the fact that there are many virtuous people
in government offices, who are truly striving to harm no one and to benefit as
many people in society as possible. The liens described in this manual are not
directed towards these harmless officials.
You will have to reformat these briefs using your word processing software,
and you MUST adapt them to your situation, and to the requirements of your
state or locality. These are not and (in the nature of things) cannot be "fill-in-
the-blank" forms.
As a practical matter, private citizens can't sue the President of the United
States, a Governor, judge, or even an IRS agent for failing to obey or enforce
the laws. If we try to sue in court to compel our government officials to obey
the law and perform their lawful duties, the judges routinely ignore our
petitions and laugh us out of court.
After giving G.E. proper Notice and Demand, Wagner and his wife filed a
Commercial Lien in the amount of $224,640,00.00. In the lien, Wagner
impounded G.E. inventory that he had worked on (including air conditioning
units, analyzing equipment, etc.) as security for the lien. This is similar to an
auto mechanic impounding a car he had repaired ("mechanic's lien"). This
meant that G.E. could not lawfully sell or transfer the equipment until the lien
was either extinguished or satisfied.
Among the reasons for the high dollar amount are that the law allows for such
high sums as rewards for damages incurred, and it generally has to be large
enough in relation to the size of the company involved, to get its attention.
Otherwise such a large company might just ignore it.
Consequently, a legal war followed, and by June of '92, G.E. had gone to court
several times trying to remove Wagner's lien, all without any real success. This
was in spite of the fact that G.E. had the best, most highly paid, and highly
motivated lawyers.
In June of '92, the first major victory for the Wagners came. The IRS issued
four different official Releases of Levy, one to General Electric, plus three
other places where they had wages and income that the IRS had levied -- the
Port of Seattle, Dean Witter Reynolds, and Ohio State Life Insurance
Company. These effectively released the IRS's attachment on the Wagners'
income and assets. That's a pretty solid testimonial to the power of the
arguments in Mr. Wagner's lien.
Example 2 -- In August 1992, Mr. Nelson Starr, who lives in Florida, filed a
lien on several federal judges, the Commissioner of the IRS, the Attorney
General of the United States, one or more U.S. attorneys for the Southern
District of Florida, and several other individuals, in the amount of $350,000 on
each individual. The officials asked Mr. Alan Diamond, President of the
Florida Bar Association, to inspect the lien and see if it was lawful or not.
In spite of his desire to please his powerful friends, Diamond could find
nothing illegal about the lien. In fact, in a sworn affidavit, Diamond declared
that, "...the document causes irreparable harm to the system of the
administration of justice. While some of the harm may be compensable at law,
no degree of compensation will adequately remedy the damage to the
appearance of integrity of those named and of the system of the administration
of justice. In my opinion, the filing of this type of lien is a direct attack on the
justice system and on the general reputations of those named in the "lien." It
may negatively impact on the financial credit rating of those individuals. It will
probably have a negative impact on their willingness to continue to serve as
representatives of the United States. And, it constitutes an abuse of civil
process that cannot be adequately remedied by an action at law. [emphasis
added]" In plain English, Diamond did not like the lien, but couldn't find any
way to extinguish it. Further, he seemed to say that these liens could drive
public officials right out of office! For libertarians and patriots, that is a
powerful endorsement!
This "class action lien" will almost certainly never be enforced. However, if the
courts find a way to extinguish it, it may have the effect of weakening the
power of all liens (including the one the IRS files on us!).
These facts suggest that Marsh is relatively blind to strategy, and that his
reasoning is at a "proto-conscious" level, with a strong commitment to being
"right" regardless of new information. Given Mr. Marsh's track record,
we strongly advise readers of his lien to thoroughly scrutinize and research his
legal theories before using any of them.]
Ease of Use
Although this lien strategy is explosive, it's more like nitro-glycerin than
hydrogen bombs. You need to be knowledgeable and careful to use nitro-
glycerin, but you don't need to be a nuclear physicist. However, nitro-glycerin
can blow up in your face if you handle it carelessly!
Traditionally, these liens can only be removed by the voluntary decision of the
person who filed the lien, by the decision of a constitutional common-law jury
trial, or by waiting 99 or 100 years. Since the common law has been smothered
in the U.S.A., all judges are essentially powerless to overcome the liens.
Introduction
To effectively use the Commercial Lien Strategy, you should have a good grasp
of the principles of law involved. Immediately following this Introduction is an
essay, written from a Christian/Theistic perspective, explaining the foundations
of the common law. (The author has not copyrighted this material, and wishes
to remain anonymous. The same author also composed several of the briefs
listed in Appendix B).
This explanation will, no doubt, be very different from anything you have been
taught. In fact, licensed attorneys may have the hardest time understanding this,
because they have been taught to think only in a certain way. An intelligent lay
reader will probably understand the following article without much trouble.
Most of us have been hypnotized into believing that the meaningless scribbles
of "legislators," "Presidents," etc., constitute "the law." After reading this
chapter, one thing should be absolutely clear to you. The law is whatever you
give your consent to. This insight frees you from being a "victim" and a
"subject," and restores you to your rightful position of power and sovereignty.
(Always remember, though, that Territorial Gangsters [TG's] have all sorts of
ways to obtain your "consent"! Standing up for your rights always involves
risk.)
A Powerful Weapon
The Commercial Affidavit Process -- or "CAP" -- is perhaps one of the most
powerful devices available to the common man for righting wrongs and
accomplishing justice. The process is not new, as some may believe. At its
foundation are the laws of commerce which spring from the eternal, immutable
Laws of God, and those laws have been in force since the beginning of human
existence. Provoke the use of the Commercial Affidavit Process against you
and you provoke the wrath of all that is just and right.
Today, those who are availing themselves of the CAP system are equipping
themselves with a very powerful equalizer. Make no mistake! The CAP is a
very lethal weapon in the war against injustice. It is capable of righting wrongs
while eliminating the "cost factor" that deprives thousands of people from
getting justice. The expression "equal under the law" again has real meaning,
thanks to CAP. When the CAP methodology is properly loaded and sighted on
a wrongdoer, success is "as good as in the bag." The Process is powerful and
dangerous to those who are in the line of fire. There is no escape: either
acquiesce and justly recompense or suffer the awful consequences. And, those
consequences can be calamitous as will be shown.
Our Founding Fathers believed that it was self-evident that the God of Nature is
the sovereign of the universe and everything in it (as well as mankind) and that
He had endowed all mankind with "certain unalienable rights" making them
self-directing sovereigns, which means that any governments instituted among
men derive their just powers (only) from the consent of the governed, who are
the source of earthly power and authority. Hence any attempt to exercise any
powers NOT conveyed by the People is unjust and unauthorized, and any act
done pursuant to such usurpation of power is void.
They were further convinced that God's temporal law for mankind was
expressed in the law of the land. Common law is common-sense law. It is
simple, straightforward and self evident, primarily because it is based on God's
Laws. It is the foundational law of the union of States.
The Founding Fathers authorized three legal systems in the Constitution, first
Common Law, secondly Equity Law, and thirdly Admiralty Law, which is the
law of the sea. Gradually Common Law has been displaced by Equity Law
until today the Common Law is rarely heard of or understood because it has
been covered up and hidden away by the legal profession for very
understandable business reasons. Such people are pursuing their own private
agenda. In fact the Common Law is generally looked upon as obscene,
example: to have a common law marriage is considered to be unclean. Why?
The first marriage license in the United States was issued in 1863. The question
is not whether some third party should or should not perform the service; it is
whether sovereigns must get permission from their servants (the government)
before they can be married.
Private Law
Private Law is that law which comes into being when people enter into
agreements creating the rules and terms by which they agree to be bound
together.
State and federal constitutions are examples of private law. They come under
the heading of contract law because they are contracts that establish
governments and are designed to protect the People from the government. To
keep the government under control, the People were very precise in the
language they used to make it perfectly clear exactly what powers were being
delegated AND that any powers not specifically delegated were reserved (by
the People) to the states or the People.
Public Law is a form of private law that results when laws are made in proper
application of the delegated authority conveyed to the legislators. Title 18 (the
Federal Criminal Code) is an example of public law. It was drafted to grant
unto non-citizens the protections and defenses Citizens have under common
law; Title 18 does not apply to sovereign Citizens, who answer directly to
violations of GOD's Laws.
Administrative Law is one term used to describe private law that comes into
existence when someone acquires dominion over others and can dictate to them
what the law is. Title 26 (the Internal Revenue Code) in an example of
Administrative Law; it and the other federal titles classified by congress as
"non-public" (administrative) laws, thus apply only to subjects of the federal
government.
Public Law
That portion of law which deals with the powers, rights, duties, capacities and
incapacities of government and its delegated authority. Those laws which are
concerned with a government in its political capacity, considered in its quasi-
private personality, i.e., as capable of holding or exercising rights or acquiring
and dealing with property in the character of an individual.
Public Policy
The rules and procedures (policy) of a sovereign over its subjects. It holds that
no subject can lawfully do that which has a tendency to be injurious to the
public or against the public good as defined by the sovereign. Public policy is
set by legislative acts and, pursuant thereto, by judicial and administrative
promulgating of rules and regulations.
Such rules and regulations are therefore not laws but rather terms imposed by
contract agreements. It's the contracts themselves which make these rules and
regulations binding. If you are not a party to those contracts, not a subject
(property) of the government, you can make yourself a party by volunteering to
comply. But once you decide to play the game you are compelled by the rules
of that game to continue to play. Once compelled, the best out is to reassert
your sovereign rights. The very concept of Public Policy and its inherent
usurpation of power from the sovereign People is so addictive and has become
so widely accepted by bureaucrats in all levels of government that they act as if
they were the masters of the People.
This shift in government was instituted with the Supreme Court's decision in
the Erie Railroad case, as a result of which, all Supreme Court decisions prior
to that time are being treated as no longer relevant in equity court proceedings.
And so another milestone was reached in the conspiracy to overthrow the rights
of the People.
This Administrative Law is much like Roman Law which is also called Civil
Law. Conceptually, Roman or Civil Law, which is practiced in most of Europe,
is diametrically opposite to the Common Law.
Under Roman or Civil Law you are guilty until proven innocent and have only
those rights your master the government chooses to grant you; and what your
master giveth, he can take away. Under the Common Law as practiced in
America, you are innocent until proven guilty and retain all rights not delegated
to government.
We are seeing more and more of this Roman class of laws in this country: if
you are charged you are treated as being guilty until proven innocent. If that is
happening to you, it's because of your legal status -- or what "they" perceive as
your legal status. If your legal status is that of being a sovereign Citizen your
unalienable rights are being violated!
In America, the sovereign power resides in and comes only from the People.
"We the People" are the sovereigns. All the power and authority the
government has ... was given to it by the People! If we don't have the right to
do a thing, then we cannot delegate such a right to any government! ("We
cannot give to anyone or anything any power or authority we do not have!")
They know that few if any who discover such usurpation will have the
perseverance, let alone the financial means and time required to find a
qualified, willing attorney to utilize the court system to expose their usurpation
and bring them to account and thus rectify their malfunction.
They also promote and rely on the general MISCONCEPTION that any statute
passed by a legislature is valid. It is impossible for both the Constitution and a
law violating it to be valid; one must prevail! This is succinctly stated as
follows:
"The general rule is that an unconstitutional statute, though having the form and
name of law, is in reality no law, but is wholly void and ineffective for any
purpose since unconstitutionality dates from the time of its enactment, and not
merely from the date of the decision so branding it. An unconstitutional law, in
legal contemplation, is as inoperative as if it had never been passed ...
"Where rights secured by the Constitution are involved, there can be no rule
making or legislation which would abrogate them." Miranda v. Arizona, 384
US 436 at 491.
In order for a law to be proper, it must be just. It must protect equally the rights
of all without violating the rights of any. There is nothing mysterious about
proper law; it is based on reasonableness and common sense, and is
harmonious with the Laws of God.
Check a law against this measure to see if it fits the mold of eternal truth and
justice: say to yourself, "Would I be unwilling to have this law applied to
myself or my closest friend?" If such application seems repugnant to you, if it
seems unfair or unjust, then there is probably something wrong with that law.
God knows that people's political standards are a reliable reflection of their
moral standards and that the laws which they support are a good test of how
they wish to be judged (Matthew 7:1). People can clearly see that taking money
from some one by force is a crime when done by individuals, but they may fail
to recognize the criminality of the same act when done by government.
For example, how would you feel if you had a particular "entitlement" and the
government told you that you were authorized to collect a portion of this
government handout from each of your neighbors? Let's suppose that your
"entitlement" is food stamps: instead of giving you stamps, the government
gives you a list of people from whom you are "authorized" to collect the money
to buy the food. How would you feel if they told you it was all right to force
your neighbors to give you the money? And every time you needed more food,
you had to do it all over again? Would that be right? If not, why? Would
changing the name of the collector make it right? Would it go against your
grain to do so? How would your neighbors feel when you presented your
"authorization"? How would you feel if your neighbors were coming to collect
FROM YOU for some other "entitlement" program they were "authorized" to
collect?
The Commercial Affidavit Process is a pre-common law process. It is also
referred to as a "commercial law process," not to be confused with the
[Uniform] Commercial Code and other manipulated and complicated rules and
regulations. It is a pre-common law process because until there is a
disagreement, there is no dispute. All that is being done is the establishment of
claims and obligations. The purpose of the CAP is to make claims and
determine if the accused agrees or not. If the Accused does not contest the
claims there is no dispute to be adjudicated thus the appropriate damages are
consensually agreed-upon. Thus it is pre-judicial. It may also be completely
non-judicial if it is properly (composed of unrebuttable truth) and successfully
implemented.
The term "commercial" as used herein refers to any dealings people have
among themselves. Thus the "laws of commerce" refers to the just rules of
procedure governing human relationships, the self-evident principles of right
and wrong which are the foundation of the common law.
Maxims In Law
Maxims are as much a part of the laws of human relations (commerce) as a
foundation is a part of a building. They are fundamental and immutable, having
their basis in God's Laws. No one of sound mind argues against them. They are
the bedrock of logic, of reason, of common sense, of truth. They are
fundamental principles upon which all that is right, just and true is founded.
They are the standards to measure the correctness of any course or action.
Maxims might be considered the redundant backup system when all else fails.
Anyone who is not schooled in the logic of maxims is easily confused for the
want of such understanding. The legal profession has a vested interest in
keeping the People ignorant of these principles: protecting the need for their
"priestcraft." Priestcraft is "the craft of specialists who work to create the
illusion their craft is too complex to be understood by anyone else."
The light of truth in maxims cannot be extinguished through the evil works and
craftiness of men. They may be forgotten by many, intentionally concealed by
some, but they still exist, no matter what, and they won't go away!
Below are maxims that surround the rightfulness and lawfulness of the
Commercial Affidavit Process. This by no means is an exhaustive list:
Regarding Justice:
Regarding Truth:
Regarding Sovereignty:
It is self-evident that all men are endowed by their creator (God) with
equal and unalienable rights.
The created cannot be greater than its creator.
A man can give to another no more than he himself has.
A man may not with impunity infringe upon another man's rights.
The People are Sovereign.
In America the government is the servant of the "sovereign" People.
But even though it would be feasible to involve the court system to adjudicate
such disagreement, no one seeking JUSTICE really would want to do so
because the court system has become extremely costly, very slow and corrupted
by the conniving convolutions of man-made rules and legalisms and by the
natural inclinations of those who live from the legal system to promote the
financial success of the legal business!
Private Matter
The Commercial Affidavit Process places the full power of justice back in the
hands of the common man. It cannot be overstated that the whole Commercial
Affidavit Process is not dependent on the court system. It functions quite well
on its own outside the current legal system.
This alone presents a very real dilemma for those who are accustomed to using
the legal system to work wrongs and trespass against others with seeming
impunity. They can't hide behind a legal system that only dispenses justice to
those who can afford to play the game. Those who are used to shielding
themselves under "sovereign immunity" protections, hiding behind legions of
attorneys and judges, and using other "legal tricks" now have none of this
protection.
Sworn Truth
The foundation of the law, commerce and the whole legal system consists in
telling the truth ("I solemnly swear to tell the truth, the whole truth ...") either
by testimony, by deposition or by affidavit. Every honorable judge requires
those who appear before him to be sworn to tell the truth and is compelled by
the high principles of his profession to protect and seek out the truth.
Anyone is free to use the CAP system; but it is a two-edged sword: it cuts both
ways! Anyone who undertakes it MUST follow the maxim, "Be honest with
yourself," because, especially under the Commercial Affidavit Process, "Truth
will out!" Consequently it is extremely important to ensure that everything in
the affidavit is true and unrebuttable.
Acquiescence
When one is the Accused in a commercial affidavit process properly
(truthfully) done, by far THE WISEST COURSE IS TO REDRESS THE
CLAIMANT AS DEMANDED -- whatever must be done to accomplish it.
Should the Accused be misguided into choosing ANY response other than
acquiescence, the Criminal Complaint will issue accompanied by the
Commercial Lien based on the Complaint's ledger of charges, counts, redresses
demanded and ADDING (1) PUNITIVE DAMAGES and (2)
INCARCERATION as provided in the applicable federal and/or State criminal
codes. Although it is extremely unlikely in the face of a properly done affidavit,
should the Accused believe that Affiant's charges are somehow in error, he or
she may (DURING THE GRACE PERIOD ONLY) rebut any such charge;
however, (1) such response will NOT avoid issuance of the Trial Criminal
Complaint; (2) the Commercial Lien will still issue for any charges not rebutted
AND (3) a second Commercial Lien will issue for any rebutted charges about
which the Common Law Jury thereby convened remains unpersuaded! Hence
REBUTTAL (unless 100% successful -- which is highly unlikely) WILL NOT
AVOID the horrendous PUNITIVE DAMAGES and INCARCERATION
provided by law.
Rebuttal
The sworn Affidavit will stand as truth if not timely rebutted by the Accused.
In the instant case, thirty (30) days.
The only one who can rebut a Commercial Affidavit is the Accused who alone,
by his own affidavit, must speak for himself and only for himself. If the
Accused uses someone else to speak for him, the third party must speak for and
in behalf of the Accused as if he were the Accused; and the Accused still stands
completely liable as if he himself were speaking. If however, the third party is
identified as separated from the Accused, he also becomes a co-party with the
Accused as an accomplice, thus a co-conspirator having no immunity
whatsoever.
Resolution By Jury
The Claimant may accept or reject Accused's rebuttal of any charge, point-for-
point. Claimant's acceptance of the rebuttal of any point resolves that point. At
the discretion of the Claimant ALL UNACCEPTED POINTS may be either
resolved by another affidavit on those points, repeating the process. The fallout
of all the Affidavits are resolved by a common-law jury. If and when the jury
system is used, the Claimant will draft the Criminal Complaint, subpoena a
jury, and the process will move to a full-blown, common-law criminal trial.
If the matter goes to a common-law criminal trial, the trial will be held under
the rules of common law. These rules are significantly different from those in
an equity court proceeding. In common-law trials, technical rules are virtually
non-existent. Like its name, the rules of common-law trials are from common
sense. The procedure is very simple and straightforward. It's designed to arrive
at the true facts, assess guilt and render a just verdict without undue delays or
fancy maneuvering, thus eliminating delays intended to forestall or get the
Accused acquitted on some technicality. The jury is the real boss. It decides
what is relevant and what is not. The jurors hear what they want to hear and
exclude what they feel is not relevant. The Claimant or his appointee becomes
the prosecutor, and the Accused or his appointee becomes the defense attorney.
The parties of interest (the Claimant and the Accused) may have anyone they
want as counsel, professional or not.
The risk faced by the Accused is very real. A common-law court only
recognizes common law, and it applies common-law decisions. Equity court
decisions and rules that conflict with the common law are without standing in
common-law proceedings.
Due Process
In order to meet the demands of due process, the parties must have reasonable
time to express their versions of the controversy ("In order for a matter to be
resolved, it must be expressed.") Therefore a grace period must be allowed,
commonly referred to as "commercial grace." Many court jurisdictions allow
only 20 days, which may be sufficient; but the Claimant in his discretion
believes that 30 days is more reasonable. At the Claimant's discretion, even
more time may be granted without notice; HOWEVER, that does not relieve
the defense of the obligation to respond within the time of commercial grace
given -- default falls by declaration in thirty (30) days.
The Accused, having started the contest by violating and trespassing upon the
Affiant's rights, cannot with impunity leave the contest. The victory and the
spoils goes to him who stays and is the last to leave the battle. The loser loses
and in so doing, grants the spoils to the victor. There is no recovery for the
loser; notwithstanding any new battle which may ensue, the loss still stands; it
can't be set aside. Consequently, the Accused's failure to redress or rebut
charges contained in a Commercial Affidavit is tantamount to abandoning the
battlefield: thus losing by default.
Criminal Liability
Responding to the Commercial Affidavit is critically important: the Accused is
usually being charged with very serious crimes that carry very heavy, punitive
penalties. The law has always viewed trespassing upon unalienable rights as
being an offense so serious that it is beyond satisfaction merely by payment of
the approximate money damages demanded.
The Criminal Complaint is in reality a ledger in which those details which were
omitted in the Affidavit are (now) spelled out. It lists the causes of action, the
number of counts, redresses demanded and the MASSIVE CIVIL PENALTIES
(which occur when unalienable rights are violated), thus compounding the
problems for the Accused: now, on top of the redresses being demanded,
massive PUNITIVE DAMAGES are added as well! Normally this increases the
cost to the Accused by a factor of at least a hundred if not a thousand fold. The
effects of the criminal complaint invariably destroy all prospects for the future
of the Accused!
An S.E.C. Security
When the Commercial Affidavit has matured, (after 30 days) it is evidence of a
debt and/or obligations. In order for it to be classed as a security, it must carry
the United States Securities and Exchange Commission (S.E.C.) TRACER
FLAG on it from the very beginning. As a security it must conform to the rules
governing securities and must be identified and monitored as such from the
beginning.
Now the full power of the legal enforcement system can be brought to bear to
collect the damages owed by the Accused. The Sheriff is empowered to seize
pay checks, cars, homes: anything and everything.
Jail
The Criminal Complaint is turned over to the appropriate Prosecuting Attorney,
who must institute a sentencing hearing wherein a judge will impose the
incarceration (jail-time) prescribed in the appropriate criminal codes for the
offenses of which the Accused stands convicted. Should any such authority fail
to prosecute sentencing against the convicted party, the mildest charge then
faced by such authority is Felony Misprision; but such Prosecuting Attorney
could also be charged with conspiracy to aid and abet the convicted party in
commission of the same offenses.
Under our current political situation, where the enemies of the People often
occupy positions of power and authority and those same people can prevent or
slow the wheels of justice, there are still many ways to publish the convictions
and misdeeds of parties so convicted that can be even more humiliating to the
convicted than the normal methods of publishing the results of their conviction.
Summary
The fundamental purpose, and one of the major objectives of the Commercial
Affidavit Process is to educate wrongdoers to the fact they have abused the
unalienable rights of a sovereign Citizen and cannot get away with it, and to
give them an opportunity (commercial grace) to repent and undo the wrongs
they have done. Unlike the typical criminal trial where the Accused no longer
has the option of simply redressing the wrongs he or she has done, the
Commercial Affidavit Process DOES give the Accused that option!
Further, the CAP is designed to educate wrongdoers that they are being used by
the conspirators in the war against the People. Thus they may see for
themselves what is really going on and decide which side they choose to serve.
Every honorable judge requires those who appear before him to be sworn to tell
the truth, and is compelled by the high principles of his profession to protect
truth and do nothing to tamper with that truth, either directly or indirectly,
either in person or by proxy, or by subornation of an affiant or other person.
A judge CANNOT interfere with, tamper with, or in any way modify testimony
without disintegrating the truth-seeking process in his sacred profession and
destroying the fabric of his own occupation. To do so abrogates the First
Amendment, which was established to protect truth. It is committing
professional suicide, as well as inviting countless civil and criminal
repercussions.
The MIXED WAR situation and or condition is that where those in authority
have violated their oaths of office, violated the fundamental law they took an
oath to uphold and protect, violated the codes, statutes and regulations that
govern them thereby they disregarded the peace and safety of the community
by their actions, acting for undisclosed foreign agents or governments, against
those whom they swore to protect [see Black's Law Dictionary on War].
Simply, an act or acts of TREASON in a secret war against the people.
"A friend of mine recently asked the [Texas] Secretary of State for copies of
Governor's and AG's oaths, but received no response for nearly two months.
Finally, he received a copy of the AG [Dan] Morales's oath which was dated
January, 1991, but was not file stamped until March 26, 1993. Very suspicious.
Governor [Anne] Richard's oath is yet to be found by the Secretary of State.
Likewise, very suspicious.
"It appears possible (probable?) that the Governor and AG had not taken their
oaths of office for two years after they were elected. If so, they were (are?)
probably in office illegally. It would follow then, that anything they'd done or
signed in an official capacity in the last two years might also be unlawful and
without legal merit.
"The potential for legal havoc could be huge. Laws signed by the Governor
during the last two years might not be lawful; the entire Executive branch of the
Texas State government might be without lawful authority to enforce any law
or regulation; innumerable criminal convictions might be reversed. All of the
civil court cases prosecuted by Attorney General Morales and the entire AG's
office (which derives its authority from the AG's oath) might also be unlawful.
"Of course, it's virtually impossible that the courts will rule that all official acts
of Texas for the last two years are unlawful. But whether those official acts are
bogus or not, there is an infinitely more important question:
"Why weren't the oaths of the Governor and Attorney General of Texas -- the
two most important officials in the Executive branch of our state's government
-- on file at the Secretary of State's office?
"I don't think so. I think the oaths were missing because they didn't
exist... [Emphasis added]
The "bonding" theory states that most elected officials and government
administrators (perhaps even lawyers), are legally required to be "bonded."
That is, they must purchase a "performance bond" (a kind of insurance policy)
which guarantees that the official will perform the duties required by his office.
In the event the government official fails to perform his duties, any party
injured by this breach of contract can recover the cost of his damages from the
bonding company.
If the official is not bonded, then the lien process includes notifying the
government official of this legal deficiency. If he does not correct the
deficiency (purchase a performance bond) within 90 days, then anyone
damaged by his actions can file a commercial lien on the government official
for all of his personal property.
Lien -- Definition
"Lien. A claim, encumbrance, or charge on property for payment of some debt,
obligation or duty... Qualified right of property which a creditor has in or over
specific property of his debtor, as security for the debt or charge or for
performance of some act." Black's Law Dictionary, 6th Ed., p. 922 [emphasis
added]
An individual who has no debt, no need to borrow money and does not
contemplate selling or refinancing his house or car can probably live with a lien
for a long time. However, most people (especially most government officials!)
do not fall into that category. Therefore, even though a Commercial Lien does
not cause outright forfeiture of property, it can still cause significant hardship.
Even more vexing to the lien debtor is the fact that the lien is not causing him
any actual damages. Rather, it prevents him from doing that which he may
want to do. Therefore, suing the lien claimant for damages is not easy,
provided that the lien has been properly executed.
Types Of Liens
Comparisons
Common Law liens are well-known in the Sovereign community for asset
protection. They are considered non-commercial, because they do not contain a
declaration of one-to-one correspondence between an item or service purchased
and the debt owed. Thus, they don't represent true bills in commerce. Because
of that defect, a non-commercial lien must be adjudicated by a court of
common law before the asset can be claimed by the other party, and is therefore
known as a Lis Pendens Lien. The commercial value of a Lis Pendens Lien
rests upon the outcome of the pending litigation. Hence it is a security, but is
not an account receivable until it is adjudicated as such.
So, common law liens are normally used as defensive shields, in that by placing
it on one's own asset to be protected, no other party can legally get access to the
asset without first challenging the lien in court. That's why it is called a Lis
Pendens Lien. The lien might be filed at a county recorder and never be
challenged in court, because parties who have no just and legal right to the
property will usually avoid the risk of failing to prove the claim in court. It is
considered asset protection, since it is difficult or impossible for anyone to get
at the equity in an asset if a Lis Pendens Lien of sufficient size has senior
position.
A commercial lien may not be removed by anyone except the lien claimant, or
a properly-convened, properly-conducted jury trial (due process). It may not be
removed by a summary process. A summary process is too vulnerable to
bribery, kickbacks, and fraud of process.
Like the common law lien, the commercial lien can be filed by common
citizens, without the aid or expense of a lawyer, and without the approval or
interference of the courts. You do the necessary research, you fill out the lien,
you have it notarized, and you file it with your County Clerk. It's simple,
inexpensive, and so powerful it can give a common person an enormous
amount of legal "leverage" that is largely beyond the reach of the courts. (In
some counties among the thousands of counties in the U.S., you may find
recalcitrant clerks who will refuse to file your properly-executed documents.
While such clerks are violating their sworn public duty to record and make a
matter of public record your properly-executed documents, as a practical
matter suing a recalcitrant country clerk usually will be less effectivethan
various alternatives. Your best bet is probably:
(1) Be low profile in recording any properly-executed, good-faith documents.
Don't particularly discuss the contents of the documents you're filing with the
clerk. You're not trying to hide anything -- after all, you're making a matter
of public record various statements you are affirming the truth of, in good faith.
But attracting undue attention may impede the progress of anything you may
wish to make a matter of public record.
(2) If you do run into a recalcitrant clerk who doesn't like what you're doing,
simply try another county, or try the same county on a different occasion. This
fits very well with our strategy of "creating your own creative alternative"
when confronted with certain bureaucratic obstacles.
(3) You could as a different alternative try using appropriate media
publications to make your documents a matter of public record (by "publishing
the document"). You'll need to research the particulars of how to do this in your
area, if you use this option. But finding a county clerk that does their job
routinely and properly is probably lower-profile.)
Unlike the common law lien (used to defend property you possess), a
commercial lien is "offensive" in nature since it enables you to "attack,"
threaten, or seize someone else's property which you do not possess. The
fundamental difference between commercial and common law liens centers on
the issue of possession. In many states, such as Oklahoma, a common law lien
can only be filed against property which you lawfully possess; this was decided
in the Oklahoma Supreme Court case Williamson v. Winningham, 186 P.2d
644. Check the laws in your own state. A commercial lien, by contrast, can be
filed against the property of anyone who owes you a financial debt or duty of
performance, regardless of whether you possess their property or not.
Research
First, obviously read everything in this manual, and anything else on the subject
you can find. While this manual provides all the most important basic
information, it does not presume to possibly cover comprehensively everything
you would ever need to know on commercial liens. New information is coming
out every day, and you may discover additional information from your own
research and experience. Further, because our organization is not in the
business of giving licensed legal advice, even this manual cannot be relied
upon as your law. This is simply information we believe to be accurate, and it
is your responsibility to confirm that it complies with the laws in your state, to
protect yourself.
It is assumed that you will already have specific purpose in mind, for the use of
the lien. You either have had property taken by officials in government-related
agencies, which you would like returned, or you have otherwise been damaged
by their specific actions or failure to fulfill their obligations in office. Or, you
have some large ideological goal you would like fulfilled for the benefit of
society at large, like Mr. Marsh's lien against the U.S. Government. Whatever
the case, much of the language of the documents to be used will have to be
composed by yourself, to articulate the necessary factors for the fulfillment of
your chosen purpose.
After an errant official has been served a Notice and Demand, he must be given
a lawfully adequate period of time (check your local jurisdiction's
requirements) to correct his error or breach of contract. Usually this is
anywhere from 30 to 90 days.
For example, there was a Notice and Demand reportedly served by Charles
Gray (a pro se) to Judge Joel Feldman in Georgia (see Appendix B.1). In this
Notice, Mr. Gray alleges that Judge Feldman had broken various laws in the
process of taking of some of Mr. Gray's property to repay back taxes to the
IRS.
Although you can use ideas from Mr. Gray's Notice and Demand, obviously
your own must be custom designed for your own purpose. Yet there are certain
common elements that should always characterize it:
Notice of Default
If the individual does not respond to or rebut your Notice and
Demand (see Appendix B.1), you should then send a Notice of Default, stating
that (1) the recipient has acquiesced to your claims by default, and that (2)
payment or satisfaction is expected.
Commercial Lien
If, after the lawful period passes without correction, only then can a
Commercial Lien be served to the offending official or sent Certified Mail,
Return Receipt Requested, and also filed at the courthouse(s) for the
county(ies) in which the offender has property. The lien must be
accompanied by (or must contain) a Commercial Affidavit, containing a ledger
of damages suffered. The lien must also cite the law(s), action(s) or
obligation(s) that gave rise to the damages. Models of both documents are
listed in Appendix B.
Lawsuits and Criminal Complaints
Some pro se litigants will first file a lawsuit (Title 42 U.S. Code §1983) or a
criminal complaint before filing a commercial lien. This step is included to
show a "good faith" attempt to obtain justice according to normal legal
procedures. After the courts refuse to consider the litigant's legal complaints
(which is usually the case), the litigant declares a state of "Mixed War," and
files the commercial lien.
First, you may be civilly liable for "slander of title." In some jurisdictions
(notably Louisiana) this is called "jactitation," and a suit to remove the "cloud
of title" and recover damages is known as an "action of jactitation."
Even worse, in many jurisdictions, someone who files liens in bad faith, or who
uses defective forms or procedures, can be convicted of "felony slander of
title." An example of the possible repercussions is shown in the following
newspaper article:
"Jones defended himself without a lawyer against charges he filed the bogus
liens against property owned by Sheriff Williams and six others... who were
involved in the sale of his truck... conducted by the Sheriff's Department to
collect a portion of the $22,000 in back taxes the Franchise Tax Board says
Jones owes.
"Liens were also placed on property owned by the towing service operator who
seized the truck and on the man who bought the truck at the tax auction. Jones
later placed that man under citizen's arrest for theft of this truck.
"Jones's two sons, 13 and 12, sat with his wife throughout the week-long trial.
They are taught at home and don't attend school... "I have two small children
who I want to see grow up... and not be slaves to the government," he told the
jury.
"But the prosecuting attorney said Jones went too far when he filed official
looking documents [the liens] for a $17 filing fee. According to the
prosecutor, the documents were "just garbage."
"What Jones did is hardly a prank. Liens are a "ticking time bomb," said one
expert on real estate law. "The victim doesn't even know it exists. Once a lien is
recorded, it remains on the books forever. Having a lien nullified -- even one
that's fraudulent -- requires a court order. That process likely involves hiring an
attorney and could take anywhere from months to years."
"A jury convicted Jones on two felony charges after deliberating less than
a hour. The maximum punishment is three years in prison on each count
and a $75,000 fine.
"Outside the courtroom, Jones admitted that recording the liens was a mistake.
He couldn't tell the jury, Jones confided, but he regrets what he did and blames
advice from a Sacramento-based anti-tax organization... which he paid $3,200
to join. He used documents supplied by the anti-tax organizations to file the
liens." [Emphasis added]
Evidently, Jones did not substantiate his liens with a "true bill in commerce,"
nor did he serve the sheriff, et al, with the proper Notice and
Demand (commercial grace). The prosecuting attorney used both of these facts
as evidence of bad faith, and easily obtained a conviction. Let that experience
be a lesson to others! Don'tuse this material unless you are very sure you
know what you're doing. Any actual results are your own responsibility.
The procedures discussed in this manual are not to be used "for fun."
Consider them to be "of academic interest only" if you're less than fully
sure, in good faith, of what you're doing. You, and you alone,
are fully responsible for any results that might arise from any actual use of
these materials. We specifically disclaim any such responsibility.
Rather than aiming to win "big," you may be more effective filing $10,000 or
$100,000 liens on minor officials (like IRS agents) who have less public
sympathy, and are easier targets. Judges and sheriffs are more difficult, but not
impossible. In the case of a judge or a sheriff, it may be advisable to give
more Notices of Demandthan you technically have to. This shows "good faith,"
and gives the other party a chance to correct the fault.
Beware of "Exotic" Arguments
Another "double-edged sword" is the insertion of books like Silent Weapons
for Quiet Wars as evidence for a lien or a suit. The question here is not one of
merit, but effectiveness. Can you win with such evidence? The answer is, "it
depends."
However, the risk of this approach is obvious. Unless your evidence is very
strong, and you (or your lawyer) have superb presentation and speaking skills,
you risk looking like a "mental case" if your action ever comes in front of a
jury.
The key here may not be legal, but psychological. You need to have an accurate
measure of your opposition. If your "exotic" evidence is strong, and you can
scare off the prosecutor with an "embarrassing issue," then it may be effective.
However, if your opponent is psychologically more secure, that may not work.
To put it another way, what you can frighten a prosecutor or a judge with is one
matter, but what you can convince "twelve people in a jury box" to believe may
be quite another!
Before you use such evidence (either in a lien or in court) you should take an
honest inventory of yourself. Do you have the psychological acumen, the
strategic thinking skills and the rational courage (which does not cross the line
into recklessness) to effectively use this evidence? If so, well and good. If not,
you may wish to use more conservative strategies.
"Know yourself, and know your enemy, and in a thousand battles you will
never be in peril" -- Sun-tzu, The Art of War
Give them reasonable time (30 days) to comply with your DEMAND to prove
written authority, and then put them ON NOTICE that the "Law of Principal
and Agent" specifies that "The Agent is personally liable for acts not
authorized by the Principal." As such, unless there are laws granting the clerk
the power to refuse to record certain documents, the clerk/agent has no
corporate veil of immunity for his refusals and may be personally vulnerable to
a lawsuit.
5. If, after the reasonable time has elapsed, and they have failed to produce
the written "authority" you Demanded, send a Notice Of Default by certified
mail,noticing them that they have defaulted by not answering. In it, provide
them with a "right to cure" their Default by recording your original lien (or
other documents) without further interference, or suffer the consequences.
Allow 10 to 30 days for their response.
7. After the 30 days reasonable time has passed (plus 4 or 5 days for the mail),
send them certified mail a "Final Notice of Amount Due" for the damage
caused by their injury to you. Again, give them reasonable time (30 days) to
pay you the amount of damages you've demanded.
8. If they don't pay your "Final Notice" Demand in 30 days (plus 4 or 5 days for
the mail), go to the Country Elected Peace Officer (Sheriff), present copies of
the two certified mail Demands for payment, sign a "Distress Warrant" or
"Distraint Warrant" stating that you have NOT been paid, and have the Sheriff
go get your money or sell the clerk's assets.
9. If the Sheriff refuses to execute your "Distraint Warrant," inform him that
you personally will perform his sworn duty FOR HIM, and on his behalf.
Inform him, also, that the newspapers will be informed that he has refused to
perform his own sworn duty but continues to cash his pay check, and that this
constitutes FRAUD by him since he only performs "Selective Enforcement" of
the law -- which is unlawful. Inform him that the resultant publicity may have a
negative impact on his chances for running for reelection, and that you may
have to sue him in his personal capacity for money damages due to his
Dereliction of Duty, Defalcation, Embezzlement of Public Funds, and damage
due to his injury to you and/or your property rights.
10. Send the Sheriff certified mail a "Notice and Demand For Production or
Exhibition Without Dishonor" of the Law or statute that authorizes him to:
11. If either the Sheriff or the Recorder of Deeds says that they take their
"orders" from some government lawyer, get that in writing. After, and only
after, you have the above "Admission and Confession" in writing, leave their
office. Then perform the previous certified mail step and add item:
Once the clerks, sheriffs, etc. realize their potential liability, it is likely that they
will do their duty long before you get to step 11.
Here's an alternative analysis, which may have a better practical success rate in
accomplishing your goal of getting various documents recorded as a matter of
public record, in good faith:
In some counties among the thousands of counties in the U.S., you may find
recalcitrant clerks who will refuse to file your properly-executed documents.
While such clerks are violating their sworn public duty to record and make a
matter of public record your properly-executed documents, as a practical
matter suing a recalcitrant country clerk usually will be less effective than
various alternatives. Your best bet is probably:
(1) Be low profile in recording any properly-executed, good-faith documents.
Don't particularly discuss the contents of the documents you're filing with the
clerk. You're not trying to hide anything -- after all, you're making a matter
of public record various statements you are affirming the truth of, in good faith.
But attracting undue attention may impede the progress of anything you may
wish to make a matter of public record.
(2) If you do run into a recalcitrant clerk who doesn't like what you're doing,
simply try another county, or try the same county on a different occasion. This
fits very well with our strategy of "creating your own creative alternatives"
when confronted with certain bureaucratic obstacles. If you try another county,
remember that for some types of documents there may be a requirement that
property that's a "subject" of the documents may have to be located in the
county of recording.
(3) You could as a different alternative try using appropriate media
publications to make your documents a matter of public record (by "publishing
the document"). You'll need to research the particulars of how to do this in your
area, if you use this option. But finding a county clerk that does their job
routinely and properly is probably lower-profile.
2. Assess your own vulnerability. Will a few days in jail seriously affect your
life? If not, you have some psychological leverage. Otherwise, the judge has a
lever over you.
3. If your lien does end up in court, you may want to have a lawyer or a
talented pro se with you, so that somebody can file an effective writ of habeas
corpus, if necessary. Also, you may wish to learn how to effectively defend
yourself against contempt charges.
Background
Many libertarian and patriot pro se litigants have had their Constitutional
arguments rejected by a Federal judge, with the words "We won't have that
document in this courtroom; this is an Admiralty court, not a court of law!"
Don Smith, a pro se "attorney-in-fact," has devised an approach that may get
around this problem. He calls it "The Coloring Agreement." The idea is to
make the Constitution and the Bill of Rights colorable law in Admiralty
jurisdiction. In this way, the Constitution and the Bill of Rights are simply
contractual provisions that can be enforced in an Admiralty court. This is a kind
of "Chinese box" approach to the Constitution, whereby:
The Constitution encompasses Admiralty jurisdiction, and
Admiralty jurisdiction encompasses the Uniform Commercial Code, and
The U.C.C. encompasses contracts, including the "coloring agreement"
and
The "coloring agreement" encompasses the Constitution, once again!
Instructions
If a Federal, state or local official violates your rights (or credibly threatens to
do so), take the Coloring Agreement (Appendix B.5), substitute your name and
the name of the government official in question, and be sure to substitute all
references to Arizona law with those of your own state or locality. If the
presentee is a Federal official, you may choose to omit the references to state
law.
Don Smith expands upon the theory as follows: "The object is to create a civil
contract (not tort) liability for the government agent for violating your
constitutional rights, which rights are probably not part of the agreement that
you signed, and is the reason the government agent is bothering you in the first
place. This will likely have a chilling effect on the agent's activities toward
you; i.e., you will probably not hear from him again...
"For any violation, simply file contract (not tort) action to recover the amount
specified in the Coloring Agreement's schedule. If the violator is a Federal
sworn employee, sue in U.S. Court of Federal Claims, 717 Madison Pl N.W.,
Washington, D.C...
"When The Beast invades [your] rights thereafter, your suit is in CONTRACT
instead of equity. If IRS is involved, this moves the case into the Court of
Claims, if over $10,000, sounding in admiralty-instance. Under $10,000, the
District Court sits as a Court of Claims to enforce the contract dispute if a
federal defendant, and if the case sounds in admiralty-instance... You WANT
TO BE IN ADMIRALTY, not equity, since you don't have any "squish" in the
decision of the court. The same can be done in state court, sounding in
admiralty-instance. You need only characterize your pleading as a complaint in
the way of libel. Libels may be used for judgments as well as prize. You want
strict enforcement of the contract. You don't want equity civil rights
enforcement...
Smith points out that this approach only creates an agreement between you and
the specific government official involved. He also states that it will only work
if the official has sworn an oath of office; otherwise the official will simply
dishonor the agreement. However, if the official is not under an oath of office,
this can still have a chilling effect.
Imagine an official pleading, in court, to have the agreement set aside because
he (the official) has not sworn an oath of office! This creates many
"embarrassing issues." For example, if the official is not under oath, is he an
impostor, acting in his own capacity? If not, who does he really work for? Are
all his official acts legally void? Should all prisoners prosecuted by him/her be
released from prison? Rather than open up such a "can of worms," the
"oathless" official is much more likely to drop matters and leave you alone.
Don Smith writes a newsletter, "Writ Rap." To obtain a copy, send SASE to
Don Smith, nRa, c/o General Delivery, Laveen 39, Arizona. For back issues or
teleconference, send one unopened roll of stamps to the same address, and you
will receive three 720 kB disks (Word Perfect 4.2 format). All of Mr. Smith's
material used in this manual is reproduced with permission.
by Alfred Adask
THAT'S CONTEMPTIBLE
Precisely because the commercial lien is so powerful, that even judges cannot
remove it, you may run into a particularly cantankerous, abusive, tyrannical old
judge who can't stand the idea that his powers might not be irresistibly god-
like. If you encounter one of these megalomaniacs, he may decide to exceed his
lawful power and jail you for contempt of court (for insisting on your lawful
rights). Since he cannot declare the lien illegal or invalid, charging you with
contempt of court is probably his only recourse -- his last resort...
So as you already know, you can be absolutely right in your application of the
law, and still wind up in the slammer. Therefore, before you start "liening on"
government officials, you'd best learn how to defend yourself against contempt
citations.
The various lien strategies are not toys for playful pro se's. These strategies
appear to be so powerful, so threatening to the "bad guys," that you can bet that
they will respond forcefully and exploit whatever powers they have, lawful or
otherwise, to defeat these liens. So be careful.
You. Your courage. Your commitment. Brains and knowledge are not enough.
It also takes guts.
Only you can stop the judicial abuse. And, initially, it'll be tough. There will be
some casualties. But what it boils down to is this:
1) This is a Civil Rights struggle. It's political. That means lots of people.
Therefore, you can't go after the system or its henchmen by yourself -- you
must work with others who are in a position to support you in court, in the
media, and, if necessary, in jail.
2) Initially, a few folks who file commercial liens will have to be willing to
"pay the price" of going to jail in order to draw media attention to the judicial
abuse and to the original crimes that precipitated the particular commercial lien.
(If that thought is distressing, realize that from the point of view of the "other
side" it will be necessary for a few judges to risk being sued, impeached, even
jailed in order to "scare" us out of filing liens; i.e., unknown to most of us, the
judges are also in jeopardy.)
4) Just as judges will try to scare us off with threats of contempt, we must try to
scare the judges with "threats" of public exposure, and even civil and criminal
charges filed against the judges. The "law" is not the only issue. This is also a
test of will and nerve. He's got to know that you won't quit...
You've got to realize that the "practice of law" involves a great deal more than
just "law." It involves psychological warfare, guile, bluff, and the ability to
"read" your adversary. Remember, despite what you might be led to believe by
the movies, court cases are not scholarly "debates" so much as contests, even
street fights. Knowing the law is just the beginning. You've also got to be able
to "know your opponent" and, also, to keep your opponent from "knowing"
you...
It's not enough to have the words. You've got to have the guts enough to stand
behind them, knowing that you might not win, knowing that you might even
suffer a serious punishment for saying the words. If the judge smells fear, he
can slap you around even if you're right. If he smells courage and conviction
sufficient to cause him personal liability, he will be reluctant to mistreat you
even if you are wrong.
This is not just law, it's politics. And more than politics, it's a fight. A fight. Do
you understand? Complete with black eyes and bloody noses, and sometimes
even worse.
But it's a fair fight, because, as bad as those judges may be, they are human and
they know they are outnumbered thousands to one. The judge can hurt you if
you stand alone, but if you stand with others, you can hurt the judge.
In the final analysis, the issue will be settled as an act of will and courage. It
will be won by the side that refuses to lose.
These "can't lose" strategies are generally known as "Silver Bullets." Adherents
of these Silver Bullet strategies often embrace and espouse them with a
religious fervor, so sure that they are absolutely right, they tolerate no deviation
from their "ultimate truth."
Critics, however, remind us that the term "Silver Bullets" is derived from the
"can't miss" accuracy of the Lone Ranger and the mystical effect of "silver
bullets" on werewolves and other creatures of the night (like lawyers, judges
and IRS agents). These critics contend that today's Silver Bullets are every bit
as fictitious as their forebears, and to believe in any of them is equally naive or
perhaps even delusional.
The critics may be right. Perhaps there are no Silver Bullets to stop injustice.
After all, our laws and courts are so capricious and complex, that every search
for Justice has become a kind of crap-shoot in which anything is possible and
nothing can be precisely predicted or relied upon.
Absolutely not.
Can you depend on any of the theories and strategies presented in this
publication to qualify as Silver Bullets?
Maybe.
Sometimes.
Actually, it depends...
Depends on what?
Depends on you.
To continue the Silver Bullet analogy, answer this: Do you think you can throw
a Silver Bullet with enough arm speed and accuracy to pierce the heart of a
charging werewolf? Of course not.
See my point?
Armed with Silver Bullets and a proper rifle, you can kill werewolves. But
without a rifle, Silver Bullets are no better than a handful of pebbles. Without
the proper rifle, all you can do is fling bullets at the werewolf, and that'll only
make the mutt mad.
So, where can you buy a "rifle" that shoots Silver Bullets?
Sorry, you can't buy one. But you can make your own.
Does this "Silver Bullet Rifle" analogy confuse you? Well, it's just a riddle to
try to make my point: You see, you are the "Rifle."
Just as you can't shoot a .22 caliber bullet without a .22 caliber rifle, you can't
fire a Silver Bullet without a "Silver Bullet Rifle."
To successfully aim and fire a Silver Bullet, you must become a "Silver Bullet
Rifle." You must be "machined" to achieve the proper caliber and barrel
strength to withstand the explosion. You must have your "sights" aligned with
solid judgment to reliably strike your target. And, perhaps most
importantly, you must have or create enough personal courage to pull the
trigger.
So who will "machine" you into a "rifle" of the proper strength and caliber to
fire Silver Bullets? The answer's obvious. It's a do-it-yourself project and you're
it.
And how will you "machine yourself" into a Silver Bullet Rifle? The answer is
beyond the scope of this publication. Suffice it to say that each of us will use a
different method to discover or create our own courage, morality and character.
But know that you can't fire Silver Bullets accurately until you first make
yourself into someone with a long-term commitment to Justice rather than a
short-term appetite for a quick personal advantage.
Remember, Silver Bullets are not magic incantations. Some folks use Silver
Bullets with great success; others use the very same words and forms but fail.
It's not enough to merely say the words or fill out the form. You
must understand what you are doing. Silver Bullets are merely instructions,
procedures and directions which tell you how someone else killed their
particular werewolf. Silver Bullets provide only information. You must provide
the understanding, courage and character necessary to apply the information
correctly...
Don't depend on mere words and forms; don't depend on luck. Don't depend on
Silver Bullets. Depend on you. Depend on your perseverance, your
understanding, and your determination to seek Justice rather than unearned
wealth or revenge.
So. Are the theories and strategies in this publication Silver Bullets? Maybe.
Will they save your house or your car? Will they save your money, your job,
your business, or your family?
Sometimes, yes.
Sometimes, no.
But even if you lose, your efforts won't go unrewarded. In the end, the search
for Silver Bullets may create something unexpected and more valuable than
property or even relationships: it may create a human "Rifle" -- a moral being
endowed with understanding, courage and character. Believe it or not, the
continuing study of Law (not procedure, which the lawyers revere) will lead
you to the concept of Justice, then to morality, on to religion, and finally,
perhaps, even to God.
So good luck to you, ladies and gentlemen. You have begun a long journey and
a challenging hunt. You may have started by looking for Silver Bullets, but you
may end by finding, even creating, a person of real value -- yourself.
Editor's comment: For most worthwhile things, you must expand your
personal power. We don't generally figure there are "Silver Bullet" solutions
that will work allthe time. But Mr. Adask's comments are an excellent
exposition of some of the thinking skills required for success in any use you
might make of this manual, and for success in general. The conduit (rifle) is
you! You are the one who needs to individually determine (in good faith of
course) what statutes apply to you. You are the one who needs to apply
information in a manner that applies to you in that particular situation. It is
then, and only then, that you have knowledge about that subject.
Paralegal Support
Please note: You will have to reformat these briefs using your word processing
software, and you MUST adapt them to your situation, and to the requirements
of your state or locality. These are not and (in the nature of things) cannot be
"fill-in-the-blank" forms.
This Notice is an example, not a form. This shows what one person in Georgia
did. Also, quite a bit of "exotic" evidence is introduced in this Notice. Before
using such evidence, you should look up the cited material, and make your
own decision about whether the information is accurate and useful.
You and your Officers, Employees, Agents and Representatives are "Agents Of
A Foreign Principal" pursuant to 22 U.S.C.S. 611, and are directed, controlled,
financed, subsidized and/or compensated for aiding, abetting, counseling,
commanding, representing, and procuring the gathering of information,
soliciting, collecting, disbursing, dispensing contributions, loans, money,
currency, or other things of value for, or in interest of "The United Nations,"
whose seat of government is in New York City, New York (22 U.S.C.S. 287,
61 Stat. 3416), "The Association" (22 U.S.C.S. 284 et seq.), "The Bank" and
"The Fund" (22 U.S.C.S. 286 et seq.), and their subsidiary artificial beings
pursuant to Public Law 94-564, Public Law 86-147, Public Law 89-369, Public
Law 93-83, 87 Stat. 197, et cetera. (See also: 22 U.S.C.S. 263(a); 22 U.S.C.S.
285(g); 22 U.S.C.S. 287(j); 26 U.S.C.S. 6103(k)(4); Executive Order 10033.)
18 U.S.C.S. 645
"Whoever, being a United States marshal, clerk, receiver, referee, trustee, or
other Officer of a United States court, or any deputy, assistant, or employee of
any such officer, retains or converts to his own use or the use of another, or
after demand by the party entitled thereto, unlawfully retains any money
coming into his hands by virtue of his official relation, position or employment,
is guilty of embezzlement and shall, where the offense is not otherwise
punishable by enactment of Congress, be fined not more than double the value
of the money so embezzled or imprisoned not more than ten years, or both; but
if the amount does not exceed $100, he shall be fined not more than $1,000 or
imprisoned not more than one year, or both."
"It shall not be a defense that the accused Person had any interest in the moneys
or fund."
YOU, Joel M. Feldman, were further forewarned and duly informed by the
Administrative Demand and Administrative Law Brief sent by Certified Mail --
Return Receipt Requested Docket Number P 851 244 440 et seq. to the
Governor of the Fund, United States Attorney General, et al, of certain criminal
acts, which you willfully chose to evade and ignore, and have continued to
illegally and unlawfully misuse the vested Powers and Authority of the same
said Public Office to aid, abet, counsel, command and procure the commission
and furtherance of the same illegal and unlawful activity, modes and
procedures, and are prohibited from holding or enjoying any Office of Public
Trust, Honor, or Profit within the Union of several States of the United States
of America, and are believed to have sworn and subscribed a false and
fraudulent Oath (See: Form 61, OMB Approval No. 50-R0118E; "The
Tempting of America," Bork, pg. 155 et seq., also see Complaint,Atkins et al.
v. U.S., Docket No. 41-76, United States court of Claims, filed February 11,
1976; Atkins et al. v. U.S., 556 F2d 1028; U.S. v. Wills, 499 U.S. 200, 66
L.Ed.2d 392, 101 S. Ct. 471), and have foreign obligation, allegiances, and
masters.
TIMELY NOTICE AND DEMAND
HAS BEEN GIVEN YOU!
(18 U.S.C.S. 4, 2382)
Testified this _____ day of _____________, in the year of our Lord 1992.
Most Sincerely,
s/ Charles Ronald Gray,
Sui Juris, Jus Soli, Jus Sanguinis
C/O 897 Edgewood Ave., N.E., Atlanta, Georgia
Teste Meipso
FULTON COUNTY ) ss:
STATE OF GEORGIA )
_____________________
Notary Public
NOTICE OF DEFAULT
AFFIDAVIT OF NOTICE
TO:
WHEREAS such actions now shall be taken in accordance to the procedures set
forth in the COMMERCIAL AFFIDAVIT defaulted.
DATED:___________________
___________________________________
[name1], Sui juris
This example shows what a valid Commercial Affidavit looks like. You must
change legal citations to suit your situation and the requirements of your state
or locality. Also, the "Appendix A" cited in the Affidavit was composed by the
Affidavit's author, and represents his understanding of the requirements of Title
15 U.S.C.
[Name]
c/o address
city, Non-domestic
[state], Republic
COMMERCIAL AFFIDAVIT
This action is taken in accordance with the California Penal Code Section 9
which states:
CIVIL REMEDIES; PRESERVATION: The omission to specify or affirm in
this Code any liability to damages, penalty, forfeiture, or other remedy imposed
by law and allowed to be recovered or enforced in any civil action or
proceeding, for any act or omission declared punishable herein, does not affect
any right to recover or enforce the same.
3. THAT all the facts stated herein are true, correct, and certain, admissible as
evidence, and if called upon as a witness, I will testify to their veracity.
8. THAT any and all of the various papers, documents, adhesion contracts, or
"agreements" I may have signed with any government agency or entity or any
others that might be construed to indicate a conclusion contrary to my herein-
below assertions were made, signed by me on the basis of mistake due to lack
of full disclosure creating a deliberate lack of full knowledge, a deliberate
action of fraud, non-disclosure, concealment of material fact, and
misrepresentation. Such action thereby creates a stressful situation of duress
and intimidation, vitiating all documents by such action of fraud.
11. THAT I, [name], am the sole and absolute owner of myself, my body, and
my estate, and possess unconditional, allodial, sovereign title thereto, and that I
abjure, renounce, forsake, and disavow utterly and absolutely now and forever
all presumptions of power, authority, or right by any governmental agency, its
Principals, over the rights, life, liberty, freedom or property of this Affiant from
whatever source presumed or derived.
13.
14.
(plus any other points that may have to be added to clearly state a claim of
abuses relative to your case. BE SURE TO RENUMBER FOLLOWING
POINTS)]
15. THAT I, [name], the Undersigned, herewith and herein demand of ALL
PARTIES involved in anyway in this so-called cause of action, who attempt or
continue to proceed against me or my properties in the instant cause of action in
any way, furnish answers to the following:
16. THAT all parties who act against this Affiant on their alleged basis must
produce the Commercial Affidavits of TRUTH, sworn by the claimants to be
"true, correct, and complete (certain)," which prove the origin and foundation
of their claims and include providing the contract(s) or agreement(s) with the
signature of this Affiant thereon wherein this Affiant has knowingly,
intentionally, and voluntarily, in full legal and lawful capacity, agreed to waive
or surrender rights to the IRS, its Principals, or the "United States," or agreed to
become subject to or the slave or property of said entities in any way or in any
jurisdiction whatsoever.
17. In order for a crime to exist, four elements must exist; there must be a
defined crime, there must be a victim, that the victim must have been damaged,
and the intent must be established on the part of the accused. Without proof of
all four elements, no crime can said to have been committed. In this Affidavit,
crimes are defined, the Affiant is the victim, this Affidavit verifies the
damages, and the intent is established at the end of the thirty (30) day grace
period, if the respondents fail to rebut (respond to) the wrongs they have been a
party to as noted herein.
18. NOTICE is hereby given, and demands made, on all Claimants -- [parties],
[other Officials, Attorneys, Judges], and any other involved Parties, that:
19. THAT failure to respond as herein required to this Affiant, within the
herein a prescribed time of thirty (30) days will be deemed by this Affiant to
invoke the doctrine of acquiescence and admission, to recover, in commerce,
the lost or damaged properties plus damages, penalties and costs. (California
Civil Code § 3281)
20. THAT in light of the foregoing declarations, all alleged contracts and
agreements between this Affiant, [name], and the IRS, its Principals, or the
"United States" are unconscionable and baseless. I herein, hereby and herewith
revoke, disavow, and renounce my signature on any and all documents,
instruments, or forms I may have ever signed with the IRS, its Principals, or the
"United States," or any other parties or entities whatsoever that might purport to
have furnished any contractual agreement or nexus between myself and the
IRS, its Principals, or the "United States."
22. THAT the foundation of Commercial Law, being based on certain eternally
just, valid, and moral precepts, has remained unchanged for at least six (6)
millennia. Said Commercial Law forms the underpinnings of Western
Civilization if not all Nations, Law, and Commerce in the world, is NON-
JUDICIAL, and is prior and superior to, the basis of, and cannot be set aside or
overruled by, the laws and statutes of any governments, legislatures, quasi-
governmental agencies, or courts. It is therefore an inherent obligation on all
Authorities, Officials, Governments, Legislatures, Governmental or Quasi-
governmental Agencies, Courts, Judges, Attorneys, and all aspects and Agents
of all Law Enforcement Agencies to uphold said Commercial Law, without
which said entities are violating the just basis of their alleged authority and
serving to disintegrate the society they allegedly exist to protect.
23. THAT if the Undersigned failed to rebut such claims or charges, the
Respondent would immediately declare a default against the Undersigned and
proceed to collect on the claims made as being in agreement with said claims or
charges. The Respondents having made the claim or charge against the
Undersigned, thereby creating an implied contract, the Undersigned having
rebutted said claim or charge demanding proof of said implied contract, a true
binding contract was thereby created.
24. THAT the Respondents' attacks on the commercial or private liability of the
Undersigned Affiant, and this Affidavit or response/rebuttal to said claims or
charges, created the mutually voluntary, consensual, commercial, private
contract by and between the Undersigned and Respondents. Failure of
Respondents to prove their claims or charges against the Undersigned within
thirty (30) days (or in the alternative cease all collection or enforcement actions
against the Undersigned) shall constitute deliberate criminal actions and willful
breach of and default on a bilateral contract (Affidavit of Agreement) formed
knowingly, intentionally, and voluntarily by and between the Undersigned and
the Respondents.
25. THAT I, [name], the Undersigned Affiant, depose and certify that I have
written the foregoing with intent and understanding of purpose, and believe the
statements, allegations, demands and contents herein to be true, correct, and
complete, commercially reasonable, and just, to the best of my knowledge and
belief.
DATED:______________________
_______________________________
[name], Affiant
/s/___________________________
[name], SUI JURIS
STATE OF [state] )
) :ss
COUNTY OF [county] )
************
COMMERCIAL AFFIDAVIT
APPENDIX A
The Lien Claimant does NOT rely on Title 15 as a basis for the "Commercial
Lien." ALL Commercial processes, by using or relying on notes or paper in
Commerce (e.g. Federal Reserve Notes), must bear some sort of Federal
tracking code, a County Recorder's number or a serial number, which process
must be accessible for inspection at the nearest relevant County Recorder's
Office or be widely advertised. When a Lien matures in three (3) months,
ninety (90) days, by default of the Lien Debtor through the Lien Debtors failure
to rebut the AFFIDAVIT OF OBLIGATION point-for-point categorically, it
becomes an accounts receivable in the ordinary sense of a collectable debt upon
which assignments, collateralization, and other commercial transactions can be
based, hence becomes a Security subject to observation, tracking, and
regulation by the United States Securities and Exchange Commission
(hereinafter U.S. S.E.C.).
The notation "A Security -- 15 USC" is a flag in Commerce telling the U.S.
S.E.C. that a speculation account is being established to enforce a lien. The
U.S. S.E.C. can then monitor the process. As long as the process is truthful,
open, and above-board (Full disclosure), the U.S. S.E.C. has no jurisdiction
over it, for even the U.S. S.E.C. has no jurisdiction over the truth of testimony,
depositions, affidavits, and affidavits of obligation (Commercial Liens), and an
unrebutted affidavit stands as the truth in Commerce.
Search for brackets [ ] for modification and changes. THESE ARE to be
modified accordingly to individual cases. See Constitutional violations Count 2
for notes. Notes ( ) therein were the basis of the case this lastest Criminal
Complaint was drawn from. Such comments and notes should be according to
the affairs of the case at hand.
On page 3, 4 and other pages are cites for the California Republic penal code,
civil code, civil procedure, government code sections. These are the local
(California) requirements for criminal complaints (Affidavits of Information).
The sections listed MUST BE CHANGED as they are the California Code
sections. You must locate and replace with the equivalent sections for your
state. Search for "Cal" to find and locate such references for changes. MAKE
SURE YOU CHANGE ALL OF THEM BEFORE "FILING" SUCH
COMPLAINT to conform to local codes and NOT California.
AFFIDAVIT OF INFORMATION
in support of a
CRIMINAL COMPLAINT
I, [name], the Complainant Affiant in the instant matter, herein openly declare
and depose that the above named Respondents did knowingly and willfully act
and conspire to oppress, injure, and damage this Complainant Affiant as herein
below set forth, and by evidences set forth in the attached COMMERCIAL
AFFIDAVIT sent to the Respondents/Defendants to resolve the disputed issues
outside this forum (a consensual mutually entered into voluntary contract by
and between Affiant and accused).
All of the Affidavits, Notices, and filings, of this Complainant Affiant have
been issued as the truth, the whole truth, and nothing but the truth, to the best of
my experience, knowledge and belief. The Affidavits I have issued were sworn
to as TRUE, CORRECT, and COMPLETE. Said Affidavits have never been
formally rebutted by affidavits sworn to as TRUE, CORRECT, and
COMPLETE by the respective Respondent Parties.
In order for a crime to exist, four elements must exist; first there must be a
clearly defined crime or criminal action; second, there must be a victim; third
that the victim must have been damaged or injured, and fourth, the criminal
intent must be established on the part of the accused. Without proof of all four
elements no action can be considered criminal.
In this matter, the Complainant Affiant is the victim, the Commercial Affidavit
sets the complained issues and this Criminal Complaint defines the crimes
verifies the actual damages, and the intent was established by proof that the
Respondents/Defendants were Noticed and Warned of their wrongs and what
was required to right them. Their failing to rebut the Affidavit or prove their
own claims, the contractual requirement of this Complainant Affiant's
Commercial Affidavit of Notice and Warning, the Respondents/ Defendants
acted willfully against this Complainant Affiant.
Therefore, the Complainant Affiant, [name], sets forth to the candid community
the abuses of FELONY, HIGH CRIMES and MISDEMEANORS by the
Respondents. The above named Respondents, in the instant action have
supported criminal actions by willfully and knowingly:
-- DENIED A RIGHT to due process of law. Such denials include but are not
limited to the right to work, the right to receive just reward of labors, denying
access to the multiple Constitutional rights and specifically acting against the
Complainant Affiant under a color of official right. It is a "taking action"
denying the right to personal property violative of the provisions of the state
Constitutional provisions and under the Fourth and Fifth Amendments to the
Constitution for the United States.
The right of due process of law requires before any sort of judgment against an
individual, that he has had opportunity to defend himself of any accusation or
claim, that he has had an opportunity to state his case, he has had a proper and
lawful judgement by a jury of his peers, or by a knowledgeable waiver of the
right to answer. The [respondents] officials acted against that due process by
acting in a criminal conspiracy to defraud the Complainant Affiant of his
property, giving such property to the [state taxing authority] [and/or] the IRS,
WITHOUT ANY KIND OF LAWFUL JUDGEMENT, COMMERCIAL
PAPERWORK, CONTRACTS OR PROOF OF CLAIMS. [respondents] are/is
therefore guilty of denying the COMPLAINANT AFFIANT [name], every
Constitutional protection afforded -- an act of TREASON (defined below), an
act of a MIXED DOMESTIC WAR.
DOMESTIC MIXED WAR - A mixed war is one which is made on one side by
public authority, and the other by mere private persons. (Black's Law
Dictionary 5th Ed., page 1420). War does not exist merely because of an armed
attack by military forces of another nation until it is a condition recognized or
accepted by political authority of government which is attacked, either through
an actual declaration of war or OTHER ACTS DEMONSTRATING SUCH
POSITION (emphasis added; Savage v. Sun Life Assur Co. of Canada, D.C. 57
F Supp 620, 621).
The defendants are hereby accused of the following crimes against, and
violations of the rights of the people of this [state] REPUBLIC. Such rights or
obligations are secured, preserved or defined by the Constitution to prevent
such abuses by both employer and of government officials by their oaths to
support said Constitution (67 CJS, Officers, Section 46, Oaths).
-- SLAVERY. The civil relation in which one man has absolute power over the
life, fortune, and liberty of another. The Respondents have denied the right to
"fortunes" earned by the labors of the Affiant. The unlawful conversion of such
property and giving it to another without due process of law, forcing the Affiant
to work for less than what was lawfully and contractually agreed upon,
breaching interpersonal contracts and relationships, is criminal. The
Respondents have absolutely refused to communicate in GOOD FAITH with
the Affiant. They have refused to disclose the lawful authority by which they
act, the contract in default or the damages which they claim created the so-
called liability. There is no judgment of any kind that they can produce
showing any liability. By such actions, these have destroyed the right to life,
liberty and property by such taking of personal property without due process of
law, reducing the Affiant to the condition of a slave. As such, these are in fact
in violation of the State and Federal Constitutions that abolished slavery.
-- GRAND THEFT. By such actions of fraud and extortion, the monies stolen,
or damages sustained by such actions totalled over $400 under a guise of taxes,
fines and/or penalties under a color of law for exercising one's
inalienable/unalienable rights (Cal Penal Code Sec 487; 18 USC 641 (>$100),
2112).
The explanation of crimes above stem from other hidden crimes being forced
upon the people of this [state] REPUBLIC. Such crimes and this Affidavit of
Information is filed in the overall context of the Bankruptcy of the United
States (i.e. District of Columbia, as per jurisdiction set forth in the U.S.
Constitution Article I, Section 8, clause 17 and 18 and Article IV Section 3
clause 2). The United States bankruptcy is a direct result of the Federal Reserve
Act of December 23, 1913, in which the delegated authority of Congress to be
responsible for the nation's currency was illicitly, unconstitutionally, and
treasonously surrendered to the privately owned Federal Reserve Corporation
(a foreign agent), whose class A stockholders are various international banks.
In place of real money as legal tender (gold and silver coin U.S. Constitution
Article I Section 10, Coinage Act April 2, 1792), the Federal Reserve issued
private commercial paper, drawn on the credit of the United States, consisting
of only bookkeeping entries of no substance or reality, on which a real
compound interest was charged. The U.S. Treasury paid the ever-increasing
interest in gold and was eventually depleted, with a higher debt than ever. The
planned inevitability occurred: BANKRUPTCY.
This bankruptcy was clearly reiterated on March 17, 1993 on the floor of the
House of Representatives by James Traficant, Jr. (Ohio) addressing the House.
It is recorded in the United States Congressional Record, Wednesday, March
17, 1993, Volume #33, page H1303, should anyone doubt the claim...
"Mister Speaker. We are here now in Chapter 11. Members of Congress are
official trustees presiding over the greatest reorganization of any bankrupt
entity in world history, the U. S. Government."
The U.S. Attorney General is the "permanent member" to the Secretariat of the
Interpol Operation, and the Secretary of Treasury the "alternate permanent
member." Under Article 30 of the "Constitution and General Regulation of
Interpol," 22 USC 263(a), the agents are required to renounce their allegiance
to their respective countries and expatriate.
Under trappings of "democracy," the flag, "law and order," the Constitution,
etc., Americans have been duped into administering and submitting to their
own subjugation, bankruptcy, enslavement, and the elimination of their rights,
freedom, and country. The people have been reduced to peonage and
involuntary servitude under a fraudulent, tyrannical, and seditious foreign
oligarchy whose express intent is to institute and establish a dictatorship over
the people and their posterity through a private, commercial one-world-
government (i.e., "THE NEW WORLD ORDER").
These are truly guilty of SEDITION AND TREASON against the Constitution
and declared a domestic mixed war against the people of the united States. (See
attached TOP SECRET "Silent Weapons for Quiet Wars, a Manual for Silent
Weapons System," 1980 Article of Scientific American, The World Economy
of the Year 2000.)
18 USC 3571.
Subtotal of damages in Count 2: $9,250,000 (37 x $250,000)
[IRS and [state taxing authority] can be separate counts or separate cases if
desired. Separate counts by governmental agencies is charged as felonies.]
[repeat as many times as there were illegal transfers by date and amount for
each agency separately].
By such repeated actions by [respondents] and the [IRS] [and/or] [state taxing
agency] Agents, a criminal conspiracy is established of fraud, extortion, theft
and RACKETEERING and acts of SEDITION AND TREASON.
The specified penalty (civil) damages for crimes committed are as listed on the
TABLE OF CRIMES on the following pages, drawn from the civil penalties as
specified in the Criminal Codes. Undefined crimes (Constitutional violations
not listed in the Criminal Code) are set by Title 18, United States Criminal
Code Sections 3571. Felonies are set at $250,000 and misdemeanors at
$100,000 for each offense by each officer or official. Accounting of damages
are tallied as follows:
RACKETEERING (Civil) [Lost salary, lost pay, monies from bank account,
credit union, whatever the ACTUAL DAMAGES are that can be proven
multiple by 3 -- triple damages.]
$[amount]x3 = $[total amount] 18 USC 1964
*********
37 Constitutional violations
from Count 2........ $9,250,000
Partial Table total........... $**********
Racketeering civil penalties.. $[salary and other actual damages]
--------------
GRAND TOTAL OF DAMAGES $[add the above]
*********
Exhibits:
COMMERCIAL AFFIDAVIT
[other exhibits; i.e., of off-point no responses]
DATED:_______________
[name]
Complainant Affiant
/s/___________________________
[name], SUI JURIS
STATE OF [state] )
) :ss
COUNTY OF )
This agreement can be used to establish the Constitution and the Bill of Rights
as "colorable law" between you and a government official. It is more likely to
be effective against an administrative or executive employee than a judge or a
high elected official. To the former, the amounts of money involved are
significant. The latter may be rich enough to regard this agreement as a minor
nuisance.
PRESENTER
(your name)
(your address)
PRESENTEE
(government official's name)
(agency's address)
AGREEMENT
5. Presentee waives any right of removal to Federal court if a state court action
is instituted upon a breach of this agreement. Should this provision be
unenforceable, presentee agrees to removal/remand to the U.S. Court of Federal
Claims.
7. SCHEDULE
a. Violation of the above rights, including dishonor of this presentment, shall
be valued at $1,000 per violation or actual damages, whichever is more, for
each such act violative.
b. Violation causing arrest or imprisonment shall be valued at $10,000 per
violation or actual damages, whichever is more, for each such act violative.
NOTICE OF LIEN
8. Invasions of the above denominated rights shall act as a lien upon the
nonexempt property of the presentee as follows:
9. If, after 90 days from the claim on a breach on the above agreement,
payment is not received by the presenter, action may be commenced without
further notice and presentee will be deemed to have consented to such action as
a collection on an account.
__/__/__ ________________________
presenter/creditor
__/__/__ ________________________
presentee/debtor
INSTRUCTIONS TO PRESENTEE
Sign, date, copy and return by first class mail to the presenter within three days
of your receipt.
MAILED to presentee:
1st time on __/__/__
2nd time on __/__/__
3rd time on __/__/__
Secretary of State
State of _______
_____________ )
creditor ) Commercial Lien
v. ) UCC 9-401(a)(3)
_____________ )
merchant debtor
Debtor was presented on __/__/__ with the attached agreement. It was not
timely dishonored.
On __/__/__ debtor breached the contract by the following acts:
1. ........
Lienor is due $______ and the subject of the lien is the personal property,
household goods, real estate and future earnings of the above debtor.
The foregoing is a true, correct and complete statement made under penalty of
perjury.
I, Phillip Marsh depose and affirm and state as follows: The parties of this
Commercial Lien are cited on this page and page 4 attached.
All processes are those in which Constitutional and Commercial Rights have
been abridged and denied. Nothing has been provided to Lien Claimants
by anyPublic Official or Officer (Including Congress), associated or by
directive in connection with The Federal Emergency Martial Law Act, the New
World Order, or the Federal Reserve Bank, to demonstrate or prove that they
are Commercially Bonded to
operate any Processes which abridges or denies any Commercial provision of
the United States Constitution or the California State Constitution.
The cited Lien Debtors are being liened for a minimum of $10,000 each by
each of the Lien Claimants for a total in excess of $2,500,000,000,000.00,
which was arrived at by using the $10,000 multiplied by 250,000,000 citizens
based on and pursuant to Title 18 USC §241 of the United States Code, for
violations of the United States Constitution and Constitutional Rights,
including the Seventh Amendment of the Bill of Rights which guarantees a jury
trial in all Commercial processes. Additionally, an approximation of Thirty-
Five (35) Civil Rights violations, i.e., other Commercial provision of The
United States Constitution.
This Commercial Lien is intended to notify, through recording, that all real and
movable property of the aforementioned can be seized from the cited Lien
Debtors and those yet to be named as Lien Debtors.
This property is being seized as a pledge that the specifics as requested are
adhered to, and to secure a portion of the above cited specifications and
obligations as declared, and to apply it as a bond on the persons and activities
of the Officials, Officers (Including Congress), Federal Reserve Bank (Alan
Greenspan, Chairman of the Board), and other such Lien Debtors as may be
added from time to time, for whatever relevant and just Commercial
Agreements.
This Commercial Lien is not a Lis Pendens Lien, therefore it may not be
removed or dissolved by any other parties except the Lien Claimants or a
Common Law Jury properly convened and used to settle the claimants' cause.
Additionally, those named and unnamed Lien Debtors, which may be added
from time to time, for whatever relevant and just Commercial Agreements,
would also be relevant to the aforementioned.
State of California
County of San Joaquin
I, Phillip Marsh, being first duly sworn, say: I am the claimant so named: I have
read the foregoing claim and know the contents thereof; and believe the same
to be just and correct.
s/Robert Murray
This is the lien that the President of the Florida Bar Association could find no
way to extinguish. Notice the brevity of this lien. This may be a key to its
strength.
IN THE OFFICE OF THE COUNTY RECORDER
STATE OF FLORIDA
PALM BEACH COUNTY
Nelson E. Starr,
Lien Claimant
v.
1. The parties of the Commercial Lien are cited in the following "List of
Lien Debtors," where they are identified in the Official Capacities.
2. All processes in the above cited case have been summary processes in
which the Constitutional and commercial right to jury trial has been
abridged and denied. All other supporting processes have likewise been
summary processes.
3. Nothing has been provided by any public official or officer of the court
in the above cited case to demonstrate or prove that they are
commercially bonded to operate any summary processes which abridge
or deny any commercial provision of the United States Constitution or
the Florida state Constitution.
4. This commercial lien is commercially necessary to guarantee for both
the lien claimant and the public in general that such a bond will exist
upon the said officials and officers of the court and is not placed for any
reason of harassment of persons or processes.
5. The cited Lien Debtors are being liened for a minimum of $350,000.00
each, based on Title 18, Section 241, of the United States Code for
violation of United States Constitutional Rights including the Seventh
Amendment of the Bill of Rights, guaranteeing a jury trial in all
commercial processes and approximately 35 other commercial
provisions of the United States Constitution.
This commercial lien is intended to seize all the real and movable property of
the above cited Lien Debtors and those on the attached extended list of Lien
Debtors. This property is being seized as a pledge to secure the above cited
obligation declared in paragraphs 2, 3, and 4 to apply it as a bond on the
persons and activities of the officials, officers of the court, title insurance
companies, and other such Lien Debtors as may be added from time to time for
whatever relevant and just commercial agreement.
AFFIDAVIT
State of Florida ) ss:
County of Palm Beach )
Nelson E. Starr, being first duly sworn, says: I am the claimant above named; I
have read the foregoing claim and know the contents thereof, and believe the
same to be just.
Notary Public
And all persons connected with the case now and in the future severally and
jointly liable.
This example is based upon California statutes. You must change all legal
citations to suit your own situation.
RECORDING REQUESTED BY
[name1]
AND WHEN RECORDED MAIL TO:
[name1]
<no IRS zone number[ZIP CODE >
<not in any federal enclave>
CLAIM OF LIEN
LIEN DEBTOR:
[name2]
This CLAIM OF LIEN (Affidavit of Obligation) is a Consensual
Lien/Obligation on the part of the Lien Debtor(s), arising out of a private
contract formed between LIEN CLAIMANT and LIEN DEBTOR(S). Said
contract was initiated by Lien Debtor by claims asserted against Lien Claimant.
"In the latter case [Mullane v. Central Hanover Trust Co., 339 U.S. 306] we
said that the right to be heard "has little reality or worth unless one is informed
that the matter is pending and can choose for himself whether to appear or
default, acquiesce or contest." 339 U.S. at 314" Sniadach v. Family Finance
Corp., 395 U.S. 337, 339, 340
This CLAIM OF LIEN is filed pursuant the California Codes and the
Fundamental Commercial Law that has existed nearly 2,000 years:
This CLAIM OF LIEN is filed against [name2], LIEN DEBTOR and spouse,
including all Community Property of both, in order to prevent their evasion of
financial liability through efforts to shield property and assets by placing said
property and assets in their spouse's names to prevent attachment for the
satisfaction of suits and liens.
CLAIMANT
Signed:________________________ Dated:_________
[name1]
/s/___________________________
[name1]
STATE OF CALIFORNIA )
) :ss
COUNTY OF ___________ )
/s/______________________________
NOTARY PUBLIC