Judges Tactics Against Filing Liens

i wonder what would happen if you contract a judge into a CONSENSUAL LIEN??? looks as if NONCENSUAL LIENS is what they can prosecute for in the below example


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SB1026 - 431R - S Ver
Reference Title: liens against public officials
AN ACT
AMENDING SECTION 13-2921, ARIZONA REVISED STATUTES; AMENDING TITLE 33, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 33-421; AMENDING TITLE 47, CHAPTER 9, ARTICLE 4, ARIZONA REVISED STATUTES, BY ADDING SECTION 47-9410; RELATING TO LIENS.


Be it enacted by the Legislature of the State of Arizona:


Section 1. Section 13-2921, Arizona Revised Statutes, is amended to read:


13-2921 . Harassment; classification; definition


A. A person commits harassment if, with intent to harass or with knowledge that the person is harassing another person, the person:


1. Anonymously or otherwise communicates or causes a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses.


2. Continues to follow another person in or about a public place for no legitimate purpose after being asked to desist.


3. Repeatedly commits an act OR ACTS that harasses HARASS another person.


B. A PERSON COMMITS HARASSMENT AGAINST A PUBLIC OFFICER OR EMPLOYEE IF THE PERSON, WITH INTENT TO HARASS, FILES A NONCONSENSUAL LIEN AGAINST ANY PUBLIC OFFICER OR EMPLOYEE THAT IS NOT ACCOMPANIED BY AN ORDER FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN.


B. C. Harassment UNDER SUBSECTION A is a class 1 misdemeanor. HARASSMENT UNDER SUBSECTION B IS A CLASS 5 FELONY.


C. D. This section does not apply to an otherwise lawful demonstration, assembly or picketing.


D. E. For purposes of this section, "harassment" means conduct directed at a specific person which would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys or harasses the person and which serves no legitimate purpose .


Sec. 2. Title 33, chapter 4, article 2, Arizona Revised Statutes, is amended by adding section 33-421, to read:


33-421 . Nonconsensual lien; marketability of title


A. A NONCONSENSUAL LIEN AGAINST A PUBLIC OFFICER'S OR EMPLOYEE'S PROPERTY IS NOT VALID UNLESS THE LIEN IS ACCOMPANIED BY AN ORDER FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN.


B. IF A NONCONSENSUAL LIEN IS ACCEPTED FOR RECORDING AS DESCRIBED IN SUBSECTION A, THE RECORDING OFFICER SHALL ACCEPT FOR RECORDING A NOTICE OF INVALID LIEN THAT IS SIGNED AND SUBMITTED BY THE ATTORNEY GENERAL OR COUNTY ATTORNEY ON BEHALF OF ANY PUBLIC OFFICER OR EMPLOYEE. THE ATTORNEY GENERAL OR COUNTY ATTORNEY SHALL MAIL A COPY OF THE NOTICE OF INVALID LIEN TO THE PERSON WHO IS DESIGNATED AS CREDITOR AND TO THE PERSON WHO RECORDED THE NONCONSENSUAL LIEN AT THE ADDRESS OF EACH AS STATED ON THE RECORDED DOCUMENT. THE PURPORTED LIEN IS CONCLUSIVELY PRESUMED TO BE INVALID WHEN THE NOTICE OF INVALID LIEN IS RECORDED.


C. A RECORDING OFFICER OR A COUNTY IS NOT LIABLE FOR ACCEPTING FOR RECORDING A NONCONSENSUAL LIEN PURSUANT TO SUBSECTION A OR A NOTICE OF INVALID LIEN PURSUANT TO SUBSECTION B.


D. A NONCONSENSUAL LIEN RECORDED BY A PERSON OR ENTITY, OTHER THAN A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OR AGENCY, A VALIDLY LICENSED UTILITY OR WATER DELIVERY COMPANY, A MECHANIC'S LIEN CLAIMANT OR AN ENTITY CREATED UNDER COVENANTS, CONDITIONS, RESTRICTIONS OR DECLARATIONS AFFECTING REAL PROPERTY IS NOT A PROPERLY RECORDED LIEN AND DOES NOT HAVE FORCE OR EFFECT OF LAW UNLESS ORDERED BY A COURT OF COMPETENT JURISDICTION.


E. A NONCONSENSUAL LIEN THAT IS FILED WITH THE COUNTY RECORDER AND THAT IS NOT RECORDED BY AN AUTHORIZED ENTITY PURSUANT TO SUBSECTION D OR THAT IS NOT ORDERED BY THE SUPERIOR COURT DOES NOT AFFECT THE MARKETABILITY OF TITLE TO THE REAL PROPERTY DESCRIBED IN THE NONCONSENSUAL LIEN.


Sec. 3. Title 47, chapter 9, article 4, Arizona Revised Statutes, is amended by adding section 47-9410, to read:


47-9410 . Nonconsensual lien; notice of invalid lien; termination statement


A. A NONCONSENSUAL LIEN AGAINST A PUBLIC OFFICER'S OR EMPLOYEE'S PROPERTY IS NOT VALID UNLESS THE LIEN IS ACCOMPANIED BY AN ORDER FROM A COURT OF COMPETENT JURISDICTION AUTHORIZING THE FILING OF THE LIEN.


B. IF A NONCONSENSUAL LIEN IS ACCEPTED FOR FILING AS DESCRIBED IN SUBSECTION A, THE RECORDING OFFICER SHALL ACCEPT FOR FILING A NOTICE OF INVALID LIEN THAT IS SIGNED AND SUBMITTED BY THE ATTORNEY GENERAL OR COUNTY ATTORNEY ON BEHALF OF ANY PUBLIC OFFICER OR EMPLOYEE. THE ATTORNEY GENERAL OR COUNTY ATTORNEY SHALL MAIL A COPY OF THE NOTICE OF INVALID LIEN TO THE PERSON WHO IS DESIGNATED AS CREDITOR AND TO THE PERSON WHO FILED THE NONCONSENSUAL LIEN AT THE ADDRESS OF EACH AS STATED ON THE FILED DOCUMENT. THE NONCONSENSUAL LIEN IS CONCLUSIVELY PRESUMED TO BE INVALID ON THE FILING OF THE NOTICE OF INVALID LIEN.


C. NEITHER A RECORDING OFFICER NOR A COUNTY IS LIABLE FOR ACCEPTING A NONCONSENSUAL LIEN FOR FILING PURSUANT TO SUBSECTION A OR A NOTICE OF INVALID LIEN PURSUANT TO SUBSECTION B.


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[Livefire]

Sounds like some common law liens have been filed against Arizona officials and the state is looking to cover thier corrupt backsides!

[EnSabahNur]

Why is only for Liens against Public Officials, sounds like some supreme discrimination to me, making themselves immune from injured parties...or attempting to.

Scum.

Well, this only means one thing...what we are doing is working and they are starting to run scared.

Yeah Hah!

[Livefire]

The state of Michigan has a law going into effect Jan 1, 2005 prohibiting the filing of UCC-1 statement against the scumbags as well!

Ice mentioned filing liens per federal rule 64 as a remedy for this. this rule states that you can attach property BEFORE and during the commencement of a trail so that the defendant isnt able to dispose of it if they lose the case. that may be the only remedy other than contracting them into a consensual lien.

[Livefire]

Thats cool...but if you lose the lien has to be removed. I'm wondering about using the commercial lien process with a twist. Go thru the Notice and demand...append the criminal complaint...THEN use Notarial Protest to get a Certificate of Dishonor. Get that apostilled thru your state and then show up with that in US BK court to force them into involuntary bankruptcy. Gotta do a lot more research on that tho.

no, from what ice told me, you can have the case stopped yourself and refile at a later time. but also, its my understanding that if you do the lien in affidavit form, even if the judge dismisses the case, the lien stays in place (unrebutted affidavit). rule 64 is just to protect you from charges for filing the lien, you have total control over it being dismissed or not. getting to the involuntary bankruptcy, i may try that myself. cant hurt.

[EnSabahNur]

Originally Posted by Livefire

Thats cool...but if you lose the lien has to be removed. I'm wondering about using the commercial lien process with a twist. Go thru the Notice and demand...append the criminal complaint...THEN use Notarial Protest to get a Certificate of Dishonor. Get that apostilled thru your state and then show up with that in US BK court to force them into involuntary bankruptcy. Gotta do a lot more research on that tho.

Not a 'Notarial Protest', wrong use, it is a 'Notice of Default', followed by a 'Certificate of Dishonor.

The Notice of default is like your Default conviction, and the Certificate of Dishonor is the judgement, that is proof you can use to file liens against property, seize cars, and Bank Accounts.

i was lookin at your peice ,your right, i scrolled down all bold print has to do with their rights not yours! sutch care to write out papper work for you to sign!

[Livefire]

ensabahnur,

thanks for the correct info! Nonetheless, both Notice of Default and Certificate of Dishonor should be sent by the notary if Im correct. Set me straight on that as well if Im wrong. I read somewhere that one could file that certificate with a court clerk and an order confirming your certificate would be issued by the court. Then you have your order and can have some fun!