How do you get a judge to enforce a common law default judgment?

After you you have defaulted the IRS agent who refused to respond to letters of "Proof of Claim",complaint letter & notice to cure default etc.

What is the procedure for getting a judge to enforce your default judgment?

Should I use Tax court or District Court?
I am trying to get a levy stopped upon my wages.

[Ice]

Have you looked at U.S. v. O'Dell?& Or Williams v. Boulder Dam Credit Union?& Both of those cases cite other cases, IRS code and LAW that demonstrate the unlawful behavior of the IRS in their levy procedure.


Let me guess what happened.& Your employer received a "Notice of Levy" and then started withholding.& They may have asked you to sign something first... but regardless, this all done on a "Notice of Levy" -- correct?


The truth is, don't trip!!& Your employer can be held liable for stealing your money.& The levy is NOT LAWFUL and it is your employer's responsibility to know what is required in order for them to turn over your property to another.& What your employer is doing is called felony conversion.& You should be the winner in the end.


Go look at those two cases I've cited above... and check some of the cases and law that they cite.& Those two cases should be cited in any legal action you take.


&

Thanks for the Reply,
I understand this, but it I need to keep my employer out as the IRS is the cause of the problem.

My employer would slyly lay me off.
I want the IRS agent responsible to stop.

[Ice]

The agent will not stop without a court action being filed against them.


Your employer could not lay you off if you began a court action against them - it would be viewed as retaliation.& You could own the company for what they have done... so why be "mr. nice guy" when someone has trampled your rights and treated you as a "lesser sort of person"?& You should be treated as Sovereign -- not as some piece of garbage that can be treated any way in which anyone wishes to treat you.& If you allow your employer to get away with crimes against you -- then why not allow everyone else to get away with crimes against you -- like the IRS guy for instance?


You are erroneous in your assumption that your employer is not the problem.& Your employer is engaged in a conspiracy to steal from you.& It is your employers responsibility to know what is required in order to take your property and give it to others.& All employers know that a court order is required... but ignore that fact when dealing with the IRS... WHY?& Because they don't want to be the subject of an IRS investigation?& If they are afraid of the IRS -- that is really their problem.& The employer screws the employee in order to protect themselves -- not because their "hands are tied" or for&any Lawful reason.& It is a conspiracy to steal from you&and violate you.


If you do not stand up for yourself against ALL that would violate you in this manner -- then you will be violated again and again and again.


&

How would you write a resonse to the legal Dept. of the Co. I work for without alienating my employment with them?


It appears that no matter how you do it, your employer would take this as a threat if you mention that they would be liable without a court order.


The legal Dept most likely would advise my employer to lay me off when convenient so as not get involved.


But I am open.


I had a letter all prepared, but I declined to send it, presuming to&know how this large Construction Corp. thinks.

[Ice]

If it were me, I would point my employer in the right direction -- citing the cases mentioned above.& Give them an opportunity to demonstrate to you that the "Levy" is "Lawful" -- request all documents that accompanied the "Notice of Levy".& Give your employer an opportunity to right their wrong.


Or ... file a suit against your employer and the IRS agent (he can be held liable in his personal capacity due to the fact that he has gone beyond his lawful authority) and "kill to birds with one stone".& And, of course, you would file this in Federal Court.& You could attempt to get more than the wages that have been withheld from you... lost wages also leads to lost interest that could have been made, plus your time and trouble for having to defend your rights and force your opponents to OBEY THE LAW.


I'm sure that others will chime in with suggestions/comments as there are other ways in which to deal with this issue.


&

With all due respect, screw your employer.& I've been down that road. Got beat to a bloody pulp along the way. But I'll take an ass-whoopin' any day over being bullied.


Listen to Ice. You will never "re-educate" your employer in this matter. You're going to have to fight 'em, period.


Wish I had a "fill-in-the-blank" solution, but I don't. Not sure any exists. But every time "they" (employers, IRS, banks, etc) get away with this without at least being challenged, it serves only to reinforce the perceived legitimacy of their tyrannical operations.


Randy

[nralien]

Ice - Randy


Is a signed court order also required for banks to levy?


Do you think a simular action to a bank would accomplish the same result?& UCC financial statements proving a PRIOR perfected security interest?

Any thoughts?
nralien

[Ice]

It would be against the law for any bank to turn over money from your account to anyone else unless they have a signed court order.& A "Notice of Levy" doesn't cut it.


I would not be using any UCC documents... I would be initiating an action in court... and I would win.


There is a case that you should look at... I will post it in the download section... soon as I can locate it.


Ice

getting to your question about the common law judgment, you can bring it into court on a amended complaint for a judicial review of your procedure. they will look at the fact that the irs defaulted, in the mean time, do what ice said to your employer. do both at the same time.