How to utilize FOIA, FDCPA, and Privacy Act in Legal Proceedings

#1 07-17-2004, 06:07 PM

Hello everyone -

This is my first post here as I like to take my time getting to know an evironment before I dive right in.

I need to know if anyone here has a strategy on how to utilize requests purusant to the Acts listed in the Subect while interrog's are going on between parties.

There is a claim for 1.2M, a charge of fraud, and we all know that the ultimate fraud is the one which occured at the insitution(s) which created such "money" that is being included in this Complaint.

There is a "settlement hearing" scheduled for nine days from now and I need to know how to load the barrels properly before I unload what I have already utilized to eliminate over $100K in debts. Not to mention our 30-year "death note" - but that is another discussion entirely.

I need a quick, effective, tie-everyone-in-knots-and-expose-their-fraud approach that will neutralize this entire drama. The only piece of this which I am unfamiliar with in experience is how to draw in the rights of Defendats in the proceeding that is currently before the court.

A Commercial Affidavit, or one of fact? Something to buy enough breathing room to really lay it on these people with regard to the 'journal entries'. I don't know how some of you will feel about this, but I am certain that God has enlightened me in the past with regard to dealing with issues much like this, the final outcome of which being liberation. Just not such a large amount, in a venue other than postal service, or a small-claims court. Anyone familiar with criminal proceedings or how to address this properly - right away?

A Million Thanks (literally) to all who can assist.

WIth all sincerity,

onemaster

#2 07-17-2004, 06:13 PM

Admit to nothing, and question everything!

Just my .02

HB

#3 07-18-2004, 03:39 AM

Point well taken.

Jerseee · #4 07-18-2004, 03:59 AM

Checkout the Federal Rules of Evidence and Federal rules of procedure (both annotated) in this forum. Also your local rules (annotated) as well.

AND STAY AWAY FROM UCC REDEMPTION!!!

#5 07-18-2004, 08:39 AM

Jerseee,

I haven't yet filed any UCC FS. I had wanted to next week, because I felt it may, at some time, offer some remedy.

But I respect your views, and want to know if, according to you, there is no viable use of UCC FS for a sovereign.

Thanks

HB

Jerseee · #6 07-18-2004, 09:29 AM

HB,

I appreciate your question and for you asking me of my opinion.

a UCC FS is a commercial tool. HJR 192 is your remedy. UCC redemption stuff is not your remedy. That is codified law on commercial issues. Using this for remedy is asking the Fed for a break.

I would only use the UCC FS to prove that there is a difference between the STRAWMAN and the flesh and blood man. That is it.

You are sovereign with or without a UCC FS. Sovereignty is something you cannot file for, pay someone to get for you, or do massive amounts of paperwork for. It is given to you by god. No man or law can take that from you. It is given to all mankind. So how can one give it to another if neither one of the individuals can give it in the first place?

HB, this subject of redemption through UCC or whatever they want to call it, is really wearing on me because it has no documented cases proving that it is a viable method to use. And people can get jammed up if they do not do it right. And there is no services to support you in your time of need (without a hefty fee of course).

However, I do not doubt that there may be some success with this stuff--its just that it puts power in the hands of few who have knowledge of it and they accept FRNs or its equivalent for their expertise which they neither guarantee or assist one in time of need.

And the mere fact that they are accepting FRNs should turn on a light with some. How can we effectively free ourselves of this mess if they keep the fraud alive by participating in private remedy. Remedy that is provided by the Fed and not by law. They like to contend that it is your remedy but who is giving that remedy? The actual slave masters The Fed!!! So how are they "sovereigns" if they deal in private matters and ask for remedy through a private banking system?

HB, everything that Ice, SJ, Squirrels, Montana, Rory, Kgod, OT, Randy, myself, and a host of others whom had DOCUMENTED success with law will tell you that we have proof of our victories through law and you can see what we did.

Just because we make that information public does not mean we are not sovereigns. We are sovereigns because we do not deal in private remedy or ask the Fed Reserve for a break or remedy through their UCC.

Besides, we help people and ask for no payment just their success story. And we have yet to have someone come on this site and say--"this crap does not work!!"

#7 07-18-2004, 10:40 AM

Thanks Jerseee

I will still file it, but just to show the difference.

Thanks

HB

seeker · #8 07-18-2004, 10:46 AM

Jerseee;

Well said, as usual. I am in a similar situation as onemaster, and would welcome more complete discussion on the original question -- tying it all up.

On that thought, would it be an effective tactic to employ a commercial lein against the plaintiff/CC/Bank -- in the form of a living breathing person -- as a counterbalance to these judgment seekers?

And how does one do this? Quickly. Seems if they cannot/will not provide the documentation that is requested, they are definitely attempting to defraud -- but the courts are so used to rubber stamping these motions that they turn a deaf ear and a blind eye -- For the motion for default against us I have asked for a motion to dismiss based on 735 ILCS 5/2‑619 (from Ch. 110, par. 2‑619. That's Illinois civil code, but all should be similar -- there are several points -- That the court does not have jurisdiction of the subject matter of the action, provided the defect cannot be removed by a transfer of the case to a court having jurisdiction.

(2) That the plaintiff does not have legal capacity to sue or that the defendant does not have legal capacity to be sued.

(3) That there is another action pending between the same parties for the same cause.

(4) That the cause of action is barred by a prior judgment. 

(5) That the action was not commenced within the time limited by law.

(6) That the claim set forth in the plaintiff's pleading has been released, satisfied of record, or discharged in bankruptcy.

(7) That the claim asserted is unenforceable under the provisions of the Statute of Frauds.

(8) That the claim asserted against defendant is unenforceable because of his or her minority or other disability.

(9) That the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.

(b) A similar motion may be made by any other party against whom a claim is asserted.

(c) If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and determine the same and may grant or deny the motion. If a material and genuine disputed question of fact is raised the court may decide the motion upon the affidavits and evidence offered by the parties, or may deny the motion without prejudice to the right to raise the subject matter of the motion by answer and shall so deny it if the action is one in which a party is entitled to a trial by jury and a jury demand has been filed by the opposite party in apt time.

(d) The raising of any of the foregoing matters by motion under this Section does not preclude the raising of them subsequently by answer unless the court has disposed of the motion on its merits; and a failure to raise any of them by motion does not preclude raising them by answer.

(e) Pleading over after denial by the court of a motion under this Section is not a waiver of any error in the decision denying the motion.

(f) The form and contents of and procedure relating to affidavits under this Section shall be as provided by rule.

(Source: P.A. 83‑707.)

I have cited that I have completed a private administrative process to resolve this matter as afforded under 810 ILCS 5/ -- this is the negotiable instruments statute, the presentment of statements of accounts, the notary protest (receiving the certificate of dishonor by a notary constitutes admissible evidence for as cited in this code)

If the judge questions this remedy, I will boldly ask if only some laws are applicable, and then only to certain citizens? I also plan to ask to face the Living, flesh and blood person who has a claim against me -- not the corporation, not the attorney, not the judge -- and no "testifying" by the plantiff's attorney, either.

Any other additions, or pointers would be welcome.

Seeker

Jerseee · #9 07-18-2004, 11:20 AM

Seeker,

Have you researched your local rules of evidence (annotated)? local rules of procedure (annotated)? Federal rules of procedure and rules of evidence (annotated)? Have you used judicial notice?

I believe you answer lies in the rules and procedures.

seeker · #10 07-18-2004, 11:38 AM

Okay, Jerseee, just when I think I have a handle on things, you bring something else to the table!! What, exactly am I looking for? I have a copy of the Court rules, (which give me little), I looked at The Civil rules of Procedure for the code I used -- please help my beleaguered little brain!!!! Bouncing b/t criminal and civil is driving me quietly mad, and both cases, as you are aware, are of tantamount importance.

Assitance is humbly requested -- please!

Seeker