Cites needed- quickly, background here

[saber8]

I've had 15 month long "legal" experience with a attorney for plaintiff on usecured discharge, alleged debt. He finally got judgment and order for execution of judgment. Recently, a notice of garnishment on commissions & wifes bank account ( I am a signator). Wife had no stake whatever in this action and was never named. During Examination of debtor (in court to discover assets) I had to answer as to the source of income & thats the basis for the garnishment. So, I sent the sheriff who recieved the Order for Garnishment a letter attached to the court's list of "exemptions" page which was attached to the order. I wrote on the list of exemption page "SEE ATTACHED" & I attached my UCC-1 (filed three years ago). My letter was a NOTICE OF EXEMPTION & ACTUAL AND CONSTRUCTIVE NOTICE , stating that everything on the collateral page was exempt. Here's where it gets interesting, The sheriff wouldn't touch it and actually faxed the attorney stating so. The atty filed a Notice of hearing & Objection to Exemptions, WOW! Now, bottom line, Please, anyone, do you know the cites (I've read them somewere in the past but can't find them), pertaining to the lack of jurisdiction of the courts to rule on UCC-1 contracts , or something to that affect ? I'm under the impression here that the atty is now grasping at straws. I have to quash the hearing.... Any ideas on the basis. Please respond asap, time is of great importance. Thanks , saber 8

[KITCHIE]

Saber 8!!!!

WAY TO GO!!!

I am going to California tomorrow and am anticipating an encounter with CHP for my notice rather than license plates. Nevada dowsn't bother me at all.

I am looking for those cites as well so if I find 'em I will surley let you know!! It seems to me that your "private contract" cannot be broken by them for the "public good". So some how the Judge is being asked to override your UCC. I don't see it happening. Just tell the CCco that if they want to go ahead and payoff all the debtor's debts then you will be happy to send them some air oops-- FRN's for their little CC.

I have to remind myself all the time that the courts gov etc all presume you are dealing in commerce until you notify them you are not.

Kitchie

[seeker]

We are in a similar situation, but we had not filed an actual collateral page as I did not know if it had to be filed in the same state as the UCC1, our state (which does not accept anything but all caps on the forms), or in the county. My information this week says the county -- I guess all caps is okay there for this?
Any way, one of the CC that got a judgment filed a Citation for discovery of assets -- this sounds goofy -- I remember Victoria Joy in her seminar asking, "just what is a Citation?" That is sticking in my brain -- funny thing about this CC -- the CRA lists it as zero balance -- so what's up with that?

Seeker

[saber8]

The problem here is the court sends out a page attached to their execution orders titled list of exemptions you claim. Well, guess what ? They get to decide from the list which of the items you checked is actually going to be exempt. Some are exempt by statutes, but precious few. So attaching your UCC-1 with sec agreement is all you can do and it states there is a prior, superior lien on that property. Now here's the reason we loose, always, on this issue. The attorney makes a motion for OBJECTION TO EXEMPTIONS, then the burden is on us to go into chambers(court) and prove the strawman issue and that we are distinct & separate.........can't do it, they will, and do chew you up and spit you out, then ask if you drove there & sieze your car and ask you to empty your pockets. They take it all. Outright theft by legal thuggary. If anyone knows of any case won on this issue it would be a real Blessing to everyone to have it shared. Even private e-mail would be appropriate. This is urgent and important, because it's down to the the proverbial brass tacks........ they are dumping us all on the UCC-1, straw man issue and thats what they've wanted to do for a long time now to blow this issue wide open with the redemptionists & they are darn well doing it. So boys & girls, the rubber is meeeting the road. Get hold of the most knowledgable people you know and get some court procedure HERE that will prevail on the secured party issue or we will all lose....very big time....... Urgent issue, post soon & post often.......

[iamfreeru2]

Saber8,

What you need to do is AFV the order with a cover letter sent to the attorney by way of a notary and copy to the court. Dishonor of your acceptance will serve to fund the involuntary bankruptcy against their public hazard bond and the liquidation of their equity. When they do not respond to your AFV you have the notary issue a Notice of Non-Response. You then tender a BoE and add a zero or two also sent by way of notary and when that is not answered then have the notary issue a Cerificate of Dishonor. At this point you have exhausted your admin. remedy. You then take into United States District Court by way of amended complaint for judicial revue. The USDC is a bankruptcy court, as all of the federal courts are. The AC is filed under adversity and also because the amount in controversy exceeds $75,000.00, although diversity is really the only thing needed. You already have an estoppel by acquiescence and an estoppel by judgment when they do not respond and it is so noted in your AFV letter and your amended complaint. Is this not agreement? It is not only agreement, but the attorney is estopped from raising the issue again. All you are doing at this point is asking the court to review your process for correctnesss and you are the plaintiff in the matter. You also issue an indemnity bond privately to the man that dba Judge and also file copies with the clerk of court in the public record so the judge knows it is now a matter of public record and cannot say he never received it. By doing this the real man has just left the building and the only parties that are left are the attorney for the defendant and the judge. Since the Judge is not liable, guess what. The Judge tells the attorney to get his checkbook out. I have copied and pasted part of the AFV Letter so you can see where it is coming from.

Originally Posted by AFV Letter

I am in receipt of your correspondence referenced above dated “May 28, 2003”. In looking through the documents you sent me, I did not find your check or money order enclosed. Please note my Acceptance for Value of your offer/presentment and my endorsement, and also note that I am Exempt from Levy.

Your corporation is operating in bankruptcy. My acceptance of your offer puts you into the obligatory position to adjust this account, and to provide to me the products of your offer. My account is prepaid. I have supplied my tax exemption to you for the adjustment of this account, else you shall be deemed to be in obstruction of bankruptcy.

Please note that I am eligible for the waiver and the priority exempt delivery of the product in our commercial affairs which is the settlement and adjustment of this account.

I request you waive all fees, fines, costs and charges in accordance with Public Policy under House Joint Resolution 192, and UCC 10-104. Your refusal to adjust the account will serve, in the alternative, to create the funds for the contract in involuntary bankruptcy. In other words, you hold my remedy. Under Public Policy no contract can be made requiring me to PAY in any particular thing.

The UNITED STATES is bankrupt; the STATE OF OREGON is bankrupt; the ATTORNEY is bankrupt; J. A. CAMBECE LAW OFFICE, P.C. is bankrupt; MICHAEL J BECKER is bankrupt.

The fundamental principle of bankruptcy is that there can be no adversarial proceedings in bankruptcy. Dishonor of my acceptance is adversarial and obstruction of bankruptcy. Dishonor of my acceptance will serve to fund the involuntary bankruptcy against your public hazard bond and the liquidation of your equity.

I have sent you all the info in an email and if you would like to talk just let me know. I have it on DVD but do not know if I can get it to you in time.

iamfreeru2