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Old 07-21-2005, 04:59 PM
iamfreeru2 iamfreeru2 is offline
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Join Date: Oct 2004
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Quote:
Originally Posted by Livefire
futop,

The link you posted is correct.....The district courts of the US have exclusive jurisdiction in revenue cases...because according Benedicts Admiralty all revenue cases in the US are in admiralty altho they take on a civil nature.

If the notice of Federal lien isnt accompanied by a warrant of distraint filed in US District court....it's bogus and one can file the Libel in Review to make a restricted appearance to challenge its validity.

I dont believe the Florida SC has jurisdiction to enact such a writ as iamfree is attempting. Appropriate venue would be federal district court. I've attached a doc obtained thru the SavingToSuitors group on yahoo. Lots of great research and info on that file!! Kudos to David Merill and Lewis for their efforts!

TITLE 28 > PART IV > CHAPTER 85 > Sec. 1333. Prev | Next


Sec. 1333. - Admiralty, maritime and prize cases
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.

(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize


TITLE 28 > PART VI > CHAPTER 163 > Sec. 2463. Prev | Next

Sec. 2463. - Property taken under revenue law not repleviable All property taken or detained under any revenue law of the United States shall not be repleviable, but shall be deemed to be in the custody of the law and subject only to the orders and decrees of the courts of the United States having jurisdiction thereof.

The Florida SC is the appropriate venue in this matter. We are not doing the mandamus on the NOFTL, it is being done regarding the County Recorder not doing their job under Florida Statute, which is to record the Contest of Lien. If the IRS does not release the NOFTL at that point we will go into the federal district court under admiralty, but not until then. I never said we were contesting the NOFTL in the Florida SC. Read my post and understand what was stated. Where did I say we were contesting the NOFTL?
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