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Information Relating To "contest Of Lien"
This Article is By John Jennings, NOT by me.
I cannot & will not respond to private emails regarding this. Post your questions here
The following information is intended for educational purposes only.* The accompanying papers constitute information now available in regard to liens filed by the IRS. They are filed against "individuals" in the state court because the state circuit courts have jurisdiction over the issue of "tax assessment."* However, the IRS fails to follow up on their "notice of lien" by filing a case to enforce it. They instead make jeopardy assessments (26 USC 7429), which is not under the jurisdiction of the IRS.
The paper operating against you is the claim of lien filed in the court records. There is a remedy within the Florida state circuit court's "exclusive jurisdiction" that operates in "all cases involving the legality of any tax assessment" as defined by the Florida Constitution (and, in all likelihood, in all other state constitutions). It is a "Notice of Contest of Lien" as provided within Florida Law and is codified in Florida Statutes at
section 713.22. The courts in this state have been issuing the "Notice of Contest of Lien" documents without much hesitation and I believe the remedy will prove to be the same in all the states because the IRS files the "Notice of Federal Tax Lien" with the clerk of circuit court in the county records department where the property, allegedly in jeopardy, is located.
It would stand to reason that the court where the "lien" document is filed would have jurisdiction over the subject-matter and the parties filing the document and the remedy must also be in that court. In fact, the exclusive jurisdiction over "tax assessments" is in the circuit courts. When you know where the remedy is and the law upon which it is based, you can use it to resolve the problem. The U.S.A. Const., at Art. IV, Sec. 1, provides that full faith and credit shall be given to any public act in any state. This would make the provisions in Florida Law applicable in California state or other states) if there is no remedy in California law and the claim of lien is filed in the records for your county.
We are now using "law" and not "statutes" (except for reference) because the enactment clause is for laws enacted by the legislatures. Statutes invariably do not have an enacting clause and are, therefore, not law. If you find the remedy in the statutes or code, you should be able to find the law that has been enacted by the legislature in the footnotes. Our "Notices of Contest of Lien" do not identify either the law or statute, but they do correspond to the exact wording of the form provided within the law. If California doesn't have a form, I believe you can use any form that is sufficient for the purpose of remedy, including the one provided in Florida Law.
I'm sending an exact copy of a Contest that I filed and that was issued by the clerk so you will know how it will look when yours is finished. The court may require that it be "sworn and subscribed" to be sufficient. One such form is provided within the package. The court didn't have a problem with ours without it being sworn and subscribed. It may be because the alleged "liens" were not certified. When the lien is in a state of contest, it virtually is in a state of nonexistence until the IRS files a case in the circuit court. Then they must file a "lis pendens" as provided by law for the alleged lien to affect property rights. Without the lis pendens filed in the pending case listing the specific property the interest is claimed in, no claim operates against the property. Then the IRS has to prevail in the case to acquire the property.
The IRS, in my case, filed the notice of lien, then made a jeopardy assessment using a "Notice of Levy" without authority in the state to do so.* Jeopardy of 26 USC 7429 is prescribed by a published regulation (publication required pursuant to 44 USC 1505) to the BATF in 27 CFR Part 70. Then they used a Notice of Levy, which is also prescribed by regulation only to the BATF, and get corporate employers or other uninformed persons to give them your property without even giving a Notice of Seizure, which is required for a lawful levy.* So far, the IRS has not filed any cases in the state circuit court and I don't believe they will.* In Florida Law (and Florida Statutes 713.22), if the IRS doesn't file suit within 60 days, the lien is "extinguished automatically." I believe this is the proper remedy in all the states.
I would like to work with groups in different states and any others they are associated with to perfect this remedy in each state. This is relatively new information that has come to light. The biggest problem we are having right now is educating the officials as to their duties. But that is another story.
We now have a hearing set (Dec. 23, 1998) for a Habeas Corpus proceeding filed against a circuit court clerk for failing to accept a "Notice of Contest of Lien," which is a failure to allow a remedy in the circuit court which has "exclusive jurisdiction" over "tax assessments." A letter from the clerk states that 'there is no remedy in the state court.' The courts determination should prove to be very interesting.
Your remedies for constitutional rights are in the de jure courts. The de facto courts, which can also be referenced as equity courts, cannot address issues of law, only statutory issues. The De jure courts can address the law issues and, consequently, Constitutional issues, not to go against the constitutions, but to uphold them.
We have obtained information from the Congressmen's office about the Article III District Court. You may want some information on how to invoke the Article III, United States District Court and the "Three-judge District Court" (See Rule 65e, Fed.R.Civ.P., and the Local Rule for the Three-judge District Court in your district) in which injunctive relief is available to have your rights protected pursuant to 28 USC 2284.* We've already done that here in the Middle District of Florida and they had to reorganize and add an "appeals clerk." They did everything wrong in a case filed there and then tried to misdirect the appeal to the United States Circuit Court of Appeals.
The Circuit court of appeals finally gave the District Court an order to act pursuant to the Notice of Appeal that was actually a notice of direct review to the Supreme Court within the provisions of title 28 USC Sec. 1253.* It takes the courts time to learn what
their duty is, but they are learning.* The new clerk admitted that the court made a mistake in sending the appeal to the wrong court.* If you call for George and William answers, you better not respond to William or you can only get what William has to offer. If George is there, George better answer.
We called for the Art. III, constitutional court, and the "Three-judge District Court" but the Art. I, legislative court tried to respond.* We didn't accept what the legislative court had to offer and went on speaking to the Art. III court.* We invoked the Article III court pursuant to the Act of Congress that ordained and established the constitutional "inferior court" in the Middle District of Florida, Tampa Division, in Public Law 87-562, and that is the court that had to be there to adjudicate the action. The other court was not invoked.
The Public Law in your district can be located in the historical notes under the section for your state starting at Sections 81 through 131 of Title 28 USC. One principle of law is that there must be a remedy provided for any possible deprivation of rights. When the correct remedy is applied in the court of competent jurisdiction, you can expect the issues to be resolved in a just manner. State remedies are in Florida Law. If you find a remedy codified in the statutes, you can locate the law from the historical note under the statute.
The statutes are for the corporate state, not the de jure state. The statutes do not have an enacting clause pursuant to Florida Constitution, Art. III, Sec. 6, which reveals the specific wording that is required for an enacting clause. Only laws with such clause is valid as a law. To apply remedies, it is imperative that you bring the right issues, invoke the proper jurisdiction of the court, and demand that the court do what their duty is in relation to you. Most people are defending on wrong issues.
A case is ripe for adjudication in a court when the administrative remedies are exhausted and there is an injury. When an injury occurs by a violation of your rights, the case is instantly ripe and a proper remedy can be implemented. Defending is not the way to go.
Your best defense is a good "offense." You can be the "pursuer" rather than the "pursued."* The courts are entities of specific jurisdiction. The party that has an action ripe for adjudication brings the action to the court of competent jurisdiction and invokes a specific jurisdiction to adjudicate only the issues brought to the courts by such party. The jurisdiction is limited to the issues brought and to the relief sought. Specific jurisdiction can be limited by stating in the jurisdictional statement, "The jurisdiction of this court is limited to the issues herein defined."
The court of competent jurisdiction for injuries as a result of acts by federal, state, county or local government officials, the action is ripe for a title 42 Sec. 1983 suit. Bringing it by only Sec. 1983 will put the case on the fast track, "Track One." If Sec. 1985 or 1986 are brought in, it will automatically be a Track Two case and it wastes valuable time. However, Sec. 1988(a) can be used for combining civil actions with criminal cases.
In Florida, the court of competent jurisdiction for tax assessments is the circuit court in the state because that court has "exclusive original jurisdiction in all cases involving the legality of any tax assessment" (Florida Constitution, Article V, Sec. 20(c)(3)). That issue cannot be brought to any other court. Each state will have jurisdiction "previously ascertained by law" for the alleged liens filed by the IRS.
A lien is simply a claim of debt. The IRS sends people a claim of debt about three times, in a 90-day letter, a 30-day letter and a 10-day letter. Then they file the lien and wait about 30 days to start making levies. The levies are actually jeopardy assessments under title 26 USC 7429, however, the IRS does not have such power since no regulation has been prescribed by the Secretary of the Treasury (26 USC 7805) and published in the Federal Register pursuant to title 44 USC 1505 for such to have "general application and legal effect." The regulation for 26 USC 7429 is in 27 CFR Part 70 which is for the BATF, not the IRS.
When the IRS agent files a Notice of Lien in the county records, it is because that court has jurisdiction over that issue and you will find that the remedy is in that court. In Florida the remedy is in Florida Law at Sec. 9, Ch. 77-353 (footnote under Florida Statutes for 1997) and codified at Florida Statutes 713.22.* The remedy involves using the form provided by the legislature called a "Notice of Contest of Lien," about six lines. You can file it with the clerk and pay the fee for the clerk to: file; copy; certify; and mail it; to the agent that filed the Notice of lien into the records. Your original will be returned to you.
It appears to be necessary to "contest" separately each Notice of Lien filed by the IRS. If the agent does not initiate a case into the same court, being the court of competent jurisdiction, within sixty (60) days, the liens are "automatically extinguished" (F.S. 713.22).* The Notices that are filed by the IRS agent do not qualify for filing as a Federal Lien under the Florida Uniform Federal Lien Registration Act (F.S. 713.901), in that it is not certified as required at F.S. 713.901(4). It has the same character as any other construction lien, with the exception that they cannot present any proof of performance that would incur a lien/debt unless they can show a connection by a voluntary agreement such as filing a W-4 form declaring yourself a taxpayer.
The best defense is a good offense. When it comes time to defend, you can go on the offense by taking the position that you don't know who they are and what their authority is, nor do you know the Act of Congress they rely upon that taxed your activity and made you liable for a debt. You can take the position that: "I don't know who you are or what you are doing and I don't think you do either! Prove it!” Then, “Who do you think I am? Prove it!"
To prove a debt, the IRS agent has to provide documents for his "Delegation of Authority," his authority by operation of law (Act of Congress) to act as an IRS agent in Florida and outside of Washington, D.C., pursuant to Title 4 U.S.C. Secs. 71 and 72, then an Act of Congress must declare your activity to be "taxed," and that you earned an income within such activity or event, and documentation of authority for the agent to assess, notice, collect, lien and levy by regulations prescribed by the Secretary of the Treasury pursuant to 26 U.S.C. 7805, and published in the Federal Register to have "general application and legal effect" pursuant to title 44 U.S.C. Sec. 1505.
The delegation of authority is flawed in its first document in that the Commissioner of internal revenue relies upon executive order 10-150 which is an unsigned document allegedly made in 1982 on a 1985 form, which is impossible.* The courts in the States are courts of chancery, or equity courts.
An equity court is a court that handles disputes over contracts. If you are in an equity court, there is a presumption that a contract exists. If you admit to understanding what they are saying to you, it is assumed you understand the contract. There can be no contract without understanding. There can be no signature without understanding the document you put your name on.
If you are asked, "Is this your signature?" and you were in any way under duress when the name was placed thereon, or if there is any fraud or lack of understanding of the paper, it is not possible for you to sign it since it is not a document you want to go into effect, and the response, "That is not my signature," would be the truth. (See Black's Law Dictionary on "signature")
When you know the laws to the extent that no alleged tax or liability can be imposed upon you, you simply use those truths to formulate questions that get to the truth. You need to understand who you are so you don't have to prove it to anyone. Make them prove you are who they think you are. You need to know what your liabilities are limited to so you don't have to prove it. Make your adversary prove who they think you are. Etc., etc., etc.* But, within a suit that you bring, you only give enough information about yourself to satisfy the purposes of the suit.* If you identify yourself as "one of the people in the de jure Xxxxx state," and you claim all rights secured by the constitutions, you have a powerful claim to rights and it takes a more powerful claim by the opposing party to overcome it.* Your knowing the truth and having a keen sense of justice, and applying the remedies in law, will go a long way in restoring or retaining your rights.
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Originally Posted by Jerry Pitts
The whole system is based upon a 'presumption' that something was represented to have occurred which may or may not have occurred in the manner which has been represented.
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When the going gets weird, the weird turn pro - Hunter S. Thompson
Last edited by weishaupt1776 : 10-23-2007 at 08:41 AM.
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