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Thier filing may kill the claim
Cause for relief 6) Further accordingly, monies used by the Plaintiff to file this action and to pay the fees to serve the Magistrate Summons and this Complaint may have been paid in a means unacceptable to the State under the law in violation of the Constitutional prohibitions upon the State under Article 1, Section 10 of the US Constitution as well as State law noted in Article VII above.
The filing of this lawsuit was therefore improper and it should be dismissed and the judgment against the Defendant vacated.
The structure and guidelines for payment of Court filing fees and fees for service of process is set by the State.
And as noted above, Article 1, Section 10 of the Constitution of the United States says "No state shall make anything but gold and silver coin a tender in payment of debts."
And According to the United States Supreme Court in Hagar v, Rec. Dist. #108, 111 U.S. 701, “The Acts of Congress making Notes a legal tender DO NOT apply to INVOLUNTARY contributions in the nature of taxes or assessments exacted under State laws….” (emphasis added)
Therefore, Irredeemable Federal Reserve Notes or negotiable instruments drawn on accounts kept in Federal Reserve Notes are not legal tender for States to demand or receive in the nature of taxes or involuntary payment of assessments exacted under State laws. such as the involuntary assessed payment of a service or filing fee of the Court mandated under State law.
Unless the Plaintiff pleaded they had no lawful money and proceeded “In Forma Pauperis”, for which there is no record of such, the fees paid by the Plaintiff to legally initiate this law suit were due and payable in gold and silver coin of the United States as . ‘dollars’ of lawful money, as defined by law.
Further, as noted in Article VII above, as regards gold and silver coin as tender in payment of debts, (see MEMORANDUM OF LAW AND FACT ON LAWFUL MONEY AND LEGAL TENDER, herein attached). Dollars are defined by the coinage acts as Gold and silver coin of certain grain circulated and regulated by the Congress of the United States, and are officially declared by State law to be the money of account, and all accounts in banks and public offices, and all proceedings in the courts of this state shall be kept in conformity, delliniated payable in dollars.
L.R.S. 1§53. Money accounts in dollars and cents
“The money accounts of this state shall be expressed in dollars or units, cents or hundredths, and mills or thousandths; and all accounts in banks and public offices, and all proceedings in the courts of this state, shall be kept in conformity herewith…”
As the common medium of exchange and negotiable instruments in almost every instance, such State Court fees will be paid by check from the moving party, which as noted above, is itself not legal tender or money of substance, but a negotiable instrument drawn on an account held and payable in unredeemable federal reserve debt notes which as noted from the citations in Article VII above, is not gold and silver coin of the United States as . ‘dollars’ of lawful money, as defined by law plainly designated in State law and in Article 1, Section 10 of the US Constitution as the mandatory medium of tender of payment lawfully acceptable by the State for “involuntary payment of assessments exacted under State laws. “Hagar v, Rec. Dist. #108, 111 U.S. 701
To the best belief and knowledge of the Defendant, as may be determined by the filing records initiating this law suit indicating how the fees were paid, or by the testimony of those employees of the Office of the Clerk of Court who received it, payment of the fees by Plaintiff to initiate this suit were paid by a check drawn on federal reserve notes or in federal reserve notes, which as noted in the MEMORANDUM OF LAW AND FACT ON LAWFUL MONEY AND LEGAL TENDER, herein attached).
are no longer notes redeemable and payable to the bearer on demand in gold and silver coin of the United States as ‘dollars’ of lawful money as defined by law and are not an acceptable form of payment for State mandated fees.
Wherefore, premises considered, knowingly or unknowingly, Plaintiff has tendered payment of fees for the filing and initiating of this suit unacceptable by the Court under the law. The filing of this lawsuit was therefore improper and this Court lacks jurisdiction over the parties in this matter partially granted to the Court through proper filing of the suit, and it should be dismissed and the judgment against the Defendant vacated accordingly.
Defendant moves the Court that it be so Ordered.
(Let the Court note, if Plaintiff is not deemed at fault in this matter, for which his case is dismissed or this judgment voided, then the Court and the Clerk of the Court and those in their employ responsible for receiving payment for these fees in a manner unacceptable under L.R.S. 1§53.of the State of Louisiana and unacceptable under Article 1, Section 10 of the US Constitution mandating gold and silver coin of the United States as . ‘dollars’ of lawful money, as defined by law as the medium of tender of payment lawfully acceptable by the State for “involuntary payment of assessments exacted under State laws. “,[Hagar v, Rec. Dist. #108, 111 U.S. 701] then this Court and these parties who have done so have acted beyond the jurisdiction of the authority and powers of the State which created their office , have violated the Constitution of the United States , and their oaths to uphold the Constitution of the United States which declares, "No state shall make anything but gold and silver coin a tender in payment of debts.", and appropriate action of necessity must rightlyt be taken to have such violators removed from office or from their position .)
Again, If the Court is not comfortable to dismiss this case [[[ and vacate its judgment on this basis ]]] then the appellate Court will have to sort out whether this is still what the Constitution of the United States says on this matter.
Other applications exsit for this as well. If the papers filed with the clerk of Court to foreclose on you, attach property from a judgment, or a bank account, seize a vehicle, or evict you to be enforced by the Sherriff, if you can get a copy of the filing papers that show how payment was made, you will be able to show the sherriff prima facia evidence the papers he is trying to enforce are invalid and of he carrys them out he, will have willfully violated their oath of office to uphold the constituition.
This is not a stretch. This is the law and they are not going to want to have to face it so the presssure will be on to dismiiss the claim and leave you alone. If they don't you can create a tremendous constitutional stink from the Sherrif, to the Clerk of Court to the judge's right to hold his office having violated his oath. of offive having received payment of the filing fees in a manner unaccetpable under the law and in violation of the Constitution's mandated tender in payment of an involatary state exacted assessment.
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Do or do not; there is no such thing as try.
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