Notice of Levy removal

[rushpat]

I think we are on track about the Notice of Lien. The taxing agencies use this, when no true lien exists on file with the SoS, but the county recorder files it as if it was a real Lien, and CRAs and employers take them at their word. A simple UCC-11 search shows that no real lien exists and a UCC-3 can remove it from the county recorder, thereby opening the door to have the damage it did repaired.



Now, onto the levies. I'm fairly certain that a Notice of Levy is filed into the county recording in the county wherein the victim lives. Also, I'm fairly certain that these also aren't backed up by real levies. What I want to know is:



- Does a real Levy derive from a court judgment?



- Does the court judgment have to be recorded in the county or state superior court wherein the victim lives, or can it be any court near where the taxing agency is located?



- Can we find a simplified way of doing a court search (whether in the local/state court or the one near the taxing agency), showing proof that no real judgment is on file? Something that does for a judgment/levy like the UCC-11 does for a lien?



- If we can get some signed statement from the court that no real judgment exists, then what would be the format for having a notice of levy removed from the recorder's office? For a lien, it is a UCC-3 form. I wonder what would be used to remove a notice of levy that has no levy/judgment backing it up?



Anyone know about this?

[rushpat]

Not along the lines I wanted, but helpful to know:



Notice of Levy from IRS rebuttal

Rushpat, you ought to read the Libel of Review document here. It will tell you how a seizure (levy) is lawfully made.



I'm a little confused about where liens are filed. Where does it say that liens are ONLY to be filed with the SoS? I thought the Lien Registration Act said they are filed where the property is located - in the county where you live.



I have never read anywhere that a levy is filed with the county recorder. IRS keeps the levy and files the lien.

[rushpat]

Well, the UCC office is the one who has the actual lien on record. The notice of lien is filed in the county where the property is located. I believe that the lien office is part of the SoS in most states. My state has moved that UCC part over to the Clerk of the Superior Court.



I'm not entirely sure why the IRS/state tax agencies don't just file a UCC-1 form with the UCC office. Perhaps they need some supporting documentation like a signed security agreement or maybe a proof of court judgment to do it without getting caught.



I've done a bit of web searching and found that thenotice of levy can be on file in the county recorder's office as well. I'm not sure if it is as mandatory as having a notice of lien on the county recorder's file. Also, I've read that a true Notice of Levy is accompanied by a Writ of Execution, which comes from a judgment.



What I can't figure out is:



1) Why doesn't the tax agency just go get a summary judgment for these liens and levies which could prevent someone from having them removed from the record?



2) Like a notice of lien and true lien, would a real levy have to be filed in the state where the target lives? Would simple court search for the judgment and Writ of Execution be sufficient in one's current state, or would it have to be done in the state where the tax agency is located (California, in the FTB's case)?



3) What is the simplest way of doing a court records search? In the case of a lien search, it is the UCC-11 form. After that, you get a signed document stating that there is no lien on file against this alleged debtor, which you can then use to get the notice of lien removed from the county recorder's office. What is the equivalent for a levy? Some sort of affidavit from the court clerk's office that there is no judgment on file, or Writ of Execution against this victim? If the notice is on file in the county recorder's office, then this could be used to remove it. However, the UCC-3 is used for lien removal. What would be the equivalent for levy notice removal?



Also, all this paperwork could be used on a bank or employer to stop them from honoring it if it looks official enough. The problem is to convince them that the tax agency isn't all powerful and don't have the force of law due to their scary-sounding letters. Most people still don't know about the limited nature of the IRS/FTB powers. The trick is to get them to realize that the tax agency is bluffing and that the required steps haven't been taken and that they need to get proof of judgment before they can comply with the notice of levy, else they will face legal penalties.



That's what I'm striving for. Like I said before, I'm not in a position to need this now, but it would be good to know it and it could possibly help those that are.

I have IRS's Confidential Tax/Lien Levy Book. Here is what it says for the filing of liens:



Please take note where it says 'vessels' are to be filed!!





Place of Filing



(1) IRC 6323(f) provides specific rules with repsect to the place of filing a notice of federal tax lien against both real and personal property. As against real property, a a notice of tax lien is to be filed in the one office designated by the State where the property is physically located. As against personal property, the situs of both tangile or intangible property is the residence of the taxpayer at the time the notice of lien is filed.



A notice of tax lien is therefore to be filed in the one office designated by the State where the taxpeyer resides at the time the notice of lien is filed. Where the State fails to provide an office or designates more than one office, the notice of the lien is to be filed in the office of the clerk of the United States District Court for the judicial district in which the property subject to the lien is situated. Where, however, State law merely conforms to or reenacts Federal law establishing a national filing system, e.g., airplanes, vessels, the State is not considered to have designated more than one office for the filing of the notice of lien which would necessitate the filing of a lien with the United States District Court.



For purposes of filing a notice of tax lien, a taxpayer who resides abroad is deeds to reside in Washington, D.C., Thus a notice of tax lien filed against personal property is to be filed with the Recorder of Deeds for the District of Columbia.





~~~~~~~~~~~~~~~



Now read this:



When I assign partial interest from my indemnity bond I send a letter called 'Letter of Advise' Here's what it says about vessel:





Found and determined that the Ens Legis debtor named inthe enclosed Commerical Security Agreement is a citizen of the United States within the meaning of Section 2 of the Shipping Act 1916 as amended.



Found and determined that the Ens Legis Debtor named in the enclosed Commerical Security Agreement is a documented vessel of the United States for the purpose of Foreign trade, Coasting trade or Home traffic due to the registered and recorded Certificate of Birth.

[RICKY]

TORA,



CAN YOU GIVE ME AN UPDATE ON WHERE YOU ARE WITH YOUR IRS LIEN REMOVAL? HOW YOU GOT THERE?



THANKS,

RICKY

[TheBlackTruth]

Tora,



Where did you get your Idemnity Bond and how does an "Assignment of Partial Interest" work?



-BT

[rushpat]

That's a Howard Griswold version of the UCC method. It's hard to find direct info about it on the web. You have to mail him directly and maybe call him to get the info. I think I dropped his contact info here a while back. I never looked into it myself.

[KaosTheory]

My problem with "Assignment of Partial Interest" is that it is really no different than tendering a CPN. I can't get the whole story from Dave Dereimer(Howard Griswald's PR man) but what it amounts to is just handing over some of the Ens Legis' (Straw Man's) "property" that you have a superior lein against.



Why do this without verification of a valid claim?



There can never be a valid claim. Even if there is, you have superior claim. Other claim holders do not get served until your claim is satisfied, which will never happen as long as you are alive. Therefore, one would never have to do this (assignment of partial interest).



Just my thoughts.

[weishaupt1776]

[color=black][b]Just got my Cp504 "urgent, we intend to levy, etc. . ." I have been cashing my paycheck, paying off any balances & then pocketing the remainder, writing money orders, etc . . .



I work at my 501(c)3 church as a non-employee & receive 1099's. My vehicle is paid off(or is it?-I don't know, maybe). The only thing left is for them to approach the church & "invite" them to garnish me. My intention is to operate as the sovereign outside of statutes & not try to "tender" payment through the STRAWMAN or CPN. I love that Rivera letter posted a few threads back. I have also prepared a statutory outline for employers' lawyers for intimidation. I do not plan on using the statutes in my pursuit, however.

It appears that the CP 504 is just a notice of intent & third party contact.

The jennings stuff seems appropriate, too as well as the Boulder Credit Union case in the downloads.