Common Law Notice And Lien

[fulltitle]

Originally Posted by ndusa

I drew up the lien, and he filed it for $7000.00. Waiting to see what happens. I told him to serve the shyster, which he was doing today. Should be interesting. Will keep everyone up to date on this as we go along. (Also told the guy to think about moving out of state, as they might get a little hostile over this.)

When he filed it, I asked if they questioned it. He said, "They were really confused!". Anyway, as I said, its done and see what happens here.

Without Prejudice.

If you had done labor and would have rightfully been entitled to a contractor's lien and that you applied the apppriate "lien processes" I dont see what would be unlawful.

I dont recall saying anything about "common law". English common law comes from England? Roman common law comes from Rome?

If you had done labor on the house and had a rightful contractor's lien whats "frivolous" about such a lien? I figured you and your friend would be at the local law library reading about liens or at the county court house asking questions.

The timeliness of your query probably had something to do with your request and results. I dont like what happened. If you did nothing what would have happened? That you did not request information as to how to go about doing such and such or how to write out such and such maybe gave some the impression that you knew more than you did.

How the lawyer wound up handling the case who knows? I have seen lawful process stop 'big boys' from doing dirty as quickly as a light switch shutting off a lamp. I dont like seeing your friend thrown out on their ear so to speak but if you had asked how to go about putting together the paperwork or how to find out the lien laws, then maybe you might have gotten specific replies.

[ndusa]

Originally Posted by fulltitle

Without Prejudice.
Sounded to me like you had done labor and would have rightfully been entitled to a contractor's lien and that you knew appropriate lien processes. I dont recall saying anything about "common law". English common law comes from England? Roman common law comes from Rome?

If you had done labor on the house and had a rightful contractor's lien whats "frivolous" about such a lien? The timeliness of your query probably had something to do with your request. That you did not request information as to how to go about doing such and such or how to write out such and such maybe gave some the impression that you knew something about contractor's liens or the like.

It does not matter, how much sugar you put on it, NONCONSENSUAL COMMON LAW LIENS are NOT LEGAL. There are maybe 20 states you can pull this bs in, but the end result will be the same, your gonna pay, and pay BIG!

They don't have to be "frivolous", that has nothing to do with it. NONCONSENSUAL COMMON LAW LIENS, OR "COMMERCIAL" LIENS are bs.

First they drag you into civil court, which your going to loose in about five min, then they prosecute you for this bs, which I agree with. (Even though I'm in a tight spot here, I agree 100% people pulling this bs should do time) I'll take my medicine like a man, and move on.

[fulltitle]

Originally Posted by ndusa

It does not matter, how much sugar you put on it, NONCONSENSUAL COMMON LAW LIENS are NOT LEGAL. There are maybe 20 states you can pull this bs in, but the end result will be the same, your gonna pay, and pay BIG!

They don't have to be "frivolous", that has nothing to do with it. NONCONSENSUAL COMMON LAW LIENS, OR "COMMERCIAL" LIENS are bs.

First they drag you into civil court, which your going to loose in about five min, then they prosecute you for this bs, which I agree with. (Even though I'm in a tight spot here, I agree 100% people pulling this bs should do time) I'll take my medicine like a man, and move on.

Without Prejudice.
I dont suggest "non-consensual liens". If you study their commercial law you will see that no one beat you off with a stick as you upkept the property could give rise to a contractor's lien. The thing is the: you'd first send some kind of notice demanding payment. In the notice you'd give them time to contact you or write you within thirty days. This thing called estoppel. Going out and just filing a lien without underlying paperwork, maybe different story. But there are defenses: Out of necessity, exigent circumstances, etc. Now had you said "I saw this yarn on a web site about filing non-consensual liens..." You might've gotten a different reply.

[ndusa]

Originally Posted by fulltitle

Without Prejudice.
I dont suggest "non-consensual liens". If you study their commercial law you will see that no one beat you off with a stick as you upkept the property could give rise to a contractor's lien.

Not if your charged as a trespasser. "non-consensual common law liens" are not legal, and you go to jail pulling stuff like that. Montana freemen were good for stupid things like that, and thats why most if not all the western states have laws against such insane methods.

Further, since they are not legal, once you record one, you commit a felony, per page recorded. Several case's point out its not the recorders fault, its the freak trying to have it recorded.

And: if you mail a fake bill, thats mail fraud, so I wouldn't be doing that.

[fulltitle]

Originally Posted by ndusa

Not if your charged as a trespasser. "non-consensual common law liens" are not legal, and you go to jail pulling stuff like that. Montana freemen were good for stupid things like that, and thats why most if not all the western states have laws against such insane methods.

Further, since they are not legal, once you record one, you commit a felony, per page recorded. Several case's point out its not the recorders fault, its the freak trying to have it recorded.

And: if you mail a fake bill, thats mail fraud, so I wouldn't be doing that.

Without Prejudice.
Indeed I wouldn't suggest making "fake bills".

[FreeFromContract]

Originally Posted by ndusa

Not if your charged as a trespasser. "non-consensual common law liens" are not legal, and you go to jail pulling stuff like that. Montana freemen were good for stupid things like that, and thats why most if not all the western states have laws against such insane methods.

I understood common law liens to be based upon common law defaults when one party has a claim against another. You seem to be stating something different. Please explain.

And yes, the common law comes from England, but many states (including western states) have a clause in their constitution or in the chapter regarding the judiciary that the laws of the state must be in harmony with the common law.

Originally Posted by ndusa

Further, since they are not legal, once you record one, you commit a felony, per page recorded. Several case's point out its not the recorders fault, its the freak trying to have it recorded.

Before you force your presumption on us, back up to the question above. If someone has defaulted under the common law, then what felony has been committed?

Originally Posted by ndusa

And: if you mail a fake bill, thats mail fraud, so I wouldn't be doing that.

Something which can be agreed upon.