Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #11  
Old 01-19-2005, 04:39 PM
saber8 saber8 is offline
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Certificate of Dishonor

Livefire,
May I butt in please........
It may be appropriate for the (your) Notary to actually file the certificate of Dishonor with the clerk along with your letter to him requesting same. There is a notation on your receipt : "FILING REQUESTED BY"............. and the filers name appears......
This is GOOD evidence when the Notary name appears on the receipt.
Also, Does anyone have a copy (format) of the ORDER you mentioned.
The order needs to be filed also..for the judge to sign...
Then you can come in and get the signed ORDER and dance away..........
with the judgemnt.....
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  #12  
Old 04-02-2006, 09:28 AM
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hooded50 hooded50 is offline
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Re: Commercial Liens

There are several things wrong with the State's laws "prohibiting" the filing of commercial liens.

1. The state statute claims that the lien must be accompanied by a court order in order to be valid. THIS IS A LIE. If that be the case, then perhaps the "State" could explain the ruling of the U. S. Supreme Court (by whose decisions your "State" courts are bound whether they like it or not) in Sniadach v. Family Finance Corp., 395 U.S. 337, 349 (1968)"The ability to place a lien upon a man’s property, such as to temporarily deprive him of its beneficial use, without any judicial determination of probable cause dates back not only to medieval England but also to Roman times." [emphasis mine]

2. The "State" has assumed that you are a 'person' as that term is defined in the law. If you look up the definition in your State's Code, you will see that a "person" is defined as either a legal or commercial entity. You are neither, so the statute cannot apply to you.

3. You should immediately establish with the "State" that you are a "sovereign", and not a "person" as that term is defined under their laws, and challenge the "State" to prove otherwise. Get the "State" to admit that you are a "sovereign", then show them: United States v. Fox, 94 US 315, "Since in common usage, the term 'person' does not include the sovereign, statutes employing the phrase are ordinarily construed to exclude it......"

Your State's law DOES NOT apply to you because the "State" is, itself, an artificial entity. The "State" cannot do anything, because it is a fictitious entity which exists only on paper. It must have a human representative to act for it. If the "State" or its representative cannot show where you have signed a contract agreeing to do business with the "State", then the "State" cannot state a claim against you upon which relief can be granted.
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  #13  
Old 04-06-2006, 02:53 PM
planetmark planetmark is offline
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Quote:
Originally Posted by hooded50
3. You should immediately establish with the "State" that you are a "sovereign", and not a "person" as that term is defined under their laws, and challenge the "State" to prove otherwise. Get the "State" to admit that you are a "sovereign",

How would you suggest one might best go about accomplishing this task?

I totally agree about the "person" thing! Establishing "sovereign status" up-front with the "State" would be a huge issue going into any battle. But how?
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  #14  
Old 04-06-2006, 04:25 PM
Neo3 Neo3 is offline
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...certificate of Dishonor ...

There's such a thing as a "certificate of dishonor"? Wonders will never cease.

But I'd like to see some proof of this "commercial lien", and "certificate of dishonor" thingy actually resulting, in real life, in the intended target getting their car seized.

From what I've heard, the actual result is almost invariably the lien server being (a) laughed at, (b) ignored, or (c) sent to jail since filing bogus liens is a criminal offense.
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  #15  
Old 04-06-2006, 04:52 PM
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Judge Roy Bean Judge Roy Bean is offline
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Guys - it might be appropriate to check the dates on some of the posts....there is little stasis on the bleeding edge of legal theory.
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