
04-28-2008, 11:05 PM
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NC Constitution - Laborers exemption from legislative taxation
Hello all,
Uncovered another revelation here of how many different ways that labor is exempt from taxation,
watch here how a time sheet at the end of the week could be considered a lien for work done to
be compensated and that fruit is personal property exempt from legislative taxation.
You could very easily work this into the default process that I created to release a garnishment on wages.
ARTICLE X
HOMESTEADS AND EXEMPTIONS
Section 1. Personal property exemptions.
The personal property of any resident of this State, to a value fixed by the General Assembly but not less than $500, to be selected by the resident, is exempted from sale under execution or other final process of any court, issued for the collection of any debt.
Sec. 2. Homestead exemptions.
(1) Exemption from sale; exceptions. Every homestead and the dwellings and buildings used therewith, to a value fixed by the General Assembly but not less than $1,000, to be selected by the owner thereof, or in lieu thereof, at the option of the owner, any lot in a city or town with the dwellings and buildings used thereon, and to the same value, owned and occupied by a resident of the State, shall be exempt from sale under execution or other final process obtained on any debt. But no property shall be exempt from sale for taxes, or for payment of obligations contracted for its purchase.
(2) Exemption for benefit of children. The homestead, after the death of the owner thereof, shall be exempt from the payment of any debt during the minority of the owner's children, or any of them.
(3) Exemption for benefit of surviving spouse. If the owner of a homestead dies, leaving a surviving spouse but no minor children, the homestead shall be exempt from the debts of the owner, and the rents and profits thereof shall inure to the benefit of the surviving spouse until he or she remarries, unless the surviving spouse is the owner of a separate homestead.
(4) Conveyance of homestead. Nothing contained in this Article shall operate to prevent the owner of a homestead from disposing of it by deed, but no deed made by a married owner of a homestead shall be valid without the signature and acknowledgement of his or her spouse.
Sec. 3. Mechanics' and laborers' liens.
The General Assembly shall provide by proper legislation for giving to mechanics and laborers an adequate lien on the subject-matter of their labor. The provisions of Sections 1 and 2 of this Article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming the exemption or a mechanic's lien for work done on the premises.
Please pass this on to all your fellow Carolinians and see what we can do with this.
--
"History repeats and life emulates"
by; Silver Dollar
Last edited by jeagas68 : 04-28-2008 at 11:09 PM.
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04-28-2008, 11:28 PM
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Mental Jujitsu
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Join Date: Aug 2006
Posts: 792
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Quote:
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Originally Posted by jeagas68
Hello all,
Uncovered another revelation here of how many different ways that labor is exempt from taxation,
watch here how a time sheet at the end of the week could be considered a lien for work done to
be compensated and that fruit is personal property exempt from legislative taxation.
You could very easily work this into the default process that I created to release a garnishment on wages.
Please pass this on to all your fellow Carolinians and see what we can do with this.
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Do you not know or understand what a mechanic’s lien is, or that it requires a very ceratin set of circumstances to even be invoked, and this sections in fact says nothing about labor being exempt from anything, but rather that a mechanic’s lien like a tax lien supercedes the exemptions in sections 1 and 2.
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04-28-2008, 11:48 PM
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Join Date: Feb 2007
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Quote:
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Originally Posted by Notorial dissent
Do you not know or understand what a mechanic’s lien is, or that it requires a very ceratin set of circumstances to even be invoked, and this sections in fact says nothing about labor being exempt from anything, but rather that a mechanic’s lien like a tax lien supercedes the exemptions in sections 1 and 2.
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First of all go ahead and enlighten us on what a mechanic's lien is, but anyway I highlighted Laborers Lien NOT Mechanic's Lien.
Read Section 1 again, there is a lot blue collar people out there that do not make over $500 in their weekly paychecks.
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04-29-2008, 01:04 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: judicial district of tens: milwaukee the county: yisra'el nation.
Posts: 2,617
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A North Carolina court will not have jurisdiction to enforce a labor lien over your employer that came about from withholding for the federal income tax.
Mechanics liens and laborer's lien's are exceptions from the homestead exemption.
Federal income tax liens are also exempt from the Homestead exemption due to the supremacy clause of the federal constitution.
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Originally Posted by jeagas68
First of all go ahead and enlighten us on what a mechanic's lien is, but anyway I highlighted Laborers Lien NOT Mechanic's Lien.
Read Section 1 again, there is a lot blue collar people out there that do not make over $500 in their weekly paychecks.
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Last edited by rottweiler : 04-29-2008 at 01:36 AM.
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04-29-2008, 01:05 AM
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Mental Jujitsu
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taxation is not sale
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Originally Posted by jeagas68
First of all go ahead and enlighten us on what a mechanic's lien is, but anyway I highlighted Laborers Lien NOT Mechanic's Lien.
Read Section 1 again, there is a lot blue collar people out there that do not make over $500 in their weekly paychecks.
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Read section 1 again, taxation is hardly "sale under execution."
More functional illiteracy from the "sovrun" crowd.
__________________
We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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04-29-2008, 01:05 AM
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Mental Jujitsu
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Join Date: Aug 2006
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Quote:
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Originally Posted by jeagas68
First of all go ahead and enlighten us on what a mechanic's lien is, but anyway I highlighted Laborers Lien NOT Mechanic's Lien.
Read Section 1 again, there is a lot blue collar people out there that do not make over $500 in their weekly paychecks.
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Since you obviously don’t know what one is, it is equally obvious that you don’t know what a Laborer’s lien is either, or how or why it would be created.
What someone does or does not make in a week, month, or year for that matter has nothing to do with any of these sections.
The homestead exemption, it limited by law, see the part about “fixed by the General Assembly”, and applies and applies only limitedly to real and personal property, NOT WAGES, undergoing legal process.
Section three specifically overrides the previous two sections with regard to these liens. None of which means what you had wanted it to mean.
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04-29-2008, 01:53 AM
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Come and Get Some!
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You have to attack the NFTL. It is not a real federal income tax lien, however it will be just work like one until you know how to get the United States to waive it's sovereign immunity.
Here is a hint.
http://freedivorceforms.net/htdocs/irslienthumper/
http://www.legalbears.com/index.php?page=taxcollect#0
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Originally Posted by rottweiler
A North Carolina court will not have jurisdiction to enforce a labor lien over your employer that came about from withholding for the federal income tax.
Mechanics liens and laborer's lien's are exceptions from the homestead exemption.
Federal income tax liens are also exempt from the Homestead exemption due to the supremacy clause of the federal constitution.
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Last edited by rottweiler : 04-29-2008 at 02:00 AM.
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04-29-2008, 02:34 AM
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Mental Jujitsu
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Join Date: Aug 2006
Posts: 792
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Quote:
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Originally Posted by rottweiler
A North Carolina court will not have jurisdiction to enforce a labor lien over your employer that came about from withholding for the federal income tax.
One, a labor lien has absolutely nothing to do with Federal Income Tax, and two, a Labor lien is not served against intangible property.
Mechanics liens and laborer's lien's are exceptions from the homestead exemption.
Federal income tax liens are also exempt from the Homestead exemption due to the supremacy clause of the federal constitution.
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Quote:
You have to attack the NFTL. It is not a real federal income tax lien, however it will be just work like one until you know how to get the United States to waive it's sovereign immunity.
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Which it isn't going to happen.
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04-29-2008, 07:04 AM
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Come and Get Some!
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Join Date: Oct 2004
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Yes it will and if you don't like it you can kiss my ass.
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Originally Posted by Notorial dissent
Which it isn't going to happen.
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04-29-2008, 07:38 AM
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Quote:
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Originally Posted by Notorial dissent
Since you
The homestead exemption, it limited by law, see the part about “fixed by the General Assembly”, and applies and applies only limitedly to real and personal property, NOT WAGES, undergoing legal process.
Section three specifically overrides the previous two sections with regard to these liens. None of which means what you had wanted it to mean.
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Why do you insist on going off on other tangents, nowhere did I highlight anything about homestead.
Secondly it can mean whatever I want it to mean, just look at the ambiguity of government attorney's what lengths they go through. In my administrative processes an unrebutted claim holds truth in any court, it holds the other party in the action to a private agreement.
'SD
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