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  #21  
Old 08-20-2004, 12:20 AM
wirlwind wirlwind is offline
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weishaupt,



Thanks for the info. I'm trying to look through it now. I must say though that I'm more confused than ever. All this law stuff just leaves me cold. And I am a reasonably intelligent person. I can grasp some of the most complicated disease processes, but I just don't understand the law.



Can I find the annotaed laws on Findlaw?



Thanks for your prayer also. That means as much as anything.



Donna
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  #22  
Old 08-20-2004, 01:11 AM
wirlwind wirlwind is offline
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Just bumping it back up again. I still don't know what to do. Don't have a lot of time to figure out what to do.
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  #23  
Old 08-20-2004, 06:10 PM
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weishaupt1776 weishaupt1776 is offline
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[color=black][b]You should've joined Lawwork yesterday ! After you join, duplicate your original poat in this thread over there. Sui Jurists, we really need to be praying up, hard. Especially for grace under pressure, discernment, & divine impartations of proper procedures &/or methods that are honorable.
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  #24  
Old 08-20-2004, 07:13 PM
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I think one of the most important things to understand first is that any time compelled performance comes into the picture, there is a presumption that a contract is in force. Your main plan of attack should be to focus on rebutting this presumption. If they can not produce a contract then the laws of this or that don't even come into play. If you are summoned to court, you can draft a letter to the court for a Motion to Strike citing that the "alleged" plaintiff has not exhausted their administrative remedy and is only wasted the courts time.



I think that part of their scheme is to try and confuse us with all these codes and such to try and get us to argue with them. It all revolves around a valid contract. No contract? No applicable Code. No Code? No case.



Best wishes on your journey.
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  #25  
Old 08-20-2004, 08:26 PM
wirlwind wirlwind is offline
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Weishaupt,



I did join Lawwork yeasterday and I'm getting ready to copy and paste the initial part of this thread over there. Thanks.



KT

So you feel that I shouldn't argue any of the codes ( and I agree because then I am passivley contracting). Do you know where I could find some sort of a template for the Motion to Strike that I could use as a guide? I've heard Jerseee,Ice and SJ and Jim all reiterating- don't argue and no contract- no case.



Thanks,



Donna
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  #26  
Old 08-20-2004, 08:58 PM
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husky2kawi husky2kawi is offline
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I hear what you guys are saying about the contract theory, but I feel, with past experience, no matter what was rebutted, the levy from the IRS will be honored by my place of work.

I am still going to send my letters, and work toward building a "case", but I don't see them listening to the law. People, in general, are scared to death of the IRS.



O.K., let me hear it.............

Pam
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  #27  
Old 08-20-2004, 09:00 PM
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Donna,

I'd do anything if I could help ya out!!!!!!!!!!!!!!!!

Pam
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  #28  
Old 08-20-2004, 10:03 PM
wirlwind wirlwind is offline
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Yeah, I don't see the IRS going away. And I know that if I was levied at work, it would be honored, and I would probably lose my job. My place of employment thinks that you should "meet your financial obligations" and they decide what those are for you- taxes and credit cards being 2 of them.

I sometimes wish I had never started on this journey. Once you start there is no going back, and now knowing what I know, I think I would explode from anger. I don't have any choice now but ot go on, and sometimes, I just don't know which way to go. It's a lonely journey. It seems like for the last year I have been running all over th place trying to put out one little fire after another, and I live in dread that a huge fire that I can't put out is going to consume us.

Sorry for the negativism- I'm just feeling kind of blue right now.

Donna
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  #29  
Old 08-20-2004, 10:44 PM
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Just remember this: Without a proper court ruling and an order signed by a Judge there can be no lawful levy action. And your employer can be held liable if they turn over any monies to anyone without a court order... even if it is the IRS.
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  #30  
Old 08-21-2004, 08:45 PM
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KaosTheory KaosTheory is offline
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Whirlwind,



I don't know all the particulars of your case but in general, you should always send letters of conditional acceptence when they send you mail demanding performance. Go here:



http://www.suijuris.net/main/suijuris/filemgmt/



Check out the "Notice of Sui Juris Status" letter and consider sending that to anyone who rights to you demanding performance. Under common law, there is no compelled performance. That is what freedom is all about.



The Sui Juris Status letter reads as follows:



Date:

Certified Mail #:



To:









Re:





Dear Sir,







As you are aware, one's name is one's property, and for one's name to enjoy sui-juris status, this name must be free of legal disabilities resulting from some contract or commercial agreement which is being held in due course by a fellow sovereign or by an agency of government. Since the writer claims sui-juris status in connection with his property or name, he requests that your agency, if it disputes the above status in connection with this name, produce all documents being held-in-due-course, (see UCC-3305.52) that create the legal disability to the claimed sui-juris status relating to the name (Your Full Name) . Your failure to respond to the above request within sixty (60) days of your signed receipt of this letter, will indicate and legally establish that the agency (agency name) can offer no documents that are being held in due course to dispute the claims of (Your Full Name) sui-juris.







Sincerely,







Name



(Non-Federal Address)







I have a hard copy of a "Motion to Strike" that I could type up for you. Send email if interested. Here is one I got from downloads here.



http://www.suijuris.net/main/filemgm...20stri ke.doc



Squirrels

Street

City, State [zip]

In Propria Persona







SUPERIOR COURT OF CITY



IN THE STATE OF STATE





CITIBANK (SOUTH DAKOTA) N.A., ) CASE NO.: CASE

) WHATEVER CIVIL JURISDICTION

)

)

Plaintiff, ) NOTICE OF MOTION AND MOTION

) TO STRIKE PLAINTIFF’S ) COMPLAINT; MEMORANDUM OF

vs. ) POINTS AND AUTHORITIES IN

) SUPPORT

)

)

Squirrels ) DATE

) TIME

Defendant. ) ROOM #

______________________________)







TO: ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

NOTICE IS HEREBY GIVEN that on DATE, or as soon thereafter as the matter may be heard, in Department No. 123 of this Court, located at STREET ADDRESS, defendant will move this Court for an order pursuant to Cal. Civ. Proc. Code § 435-437 and § 446, striking the plaintiff’s complaint on the grounds they are



improper and do not conform to California law:

1. The complaint in its entirety must be stricken as no attorney or party has personally subscribed to the complaint per Cal. Civ. Proc. Code §128.7.

This motion is based on this Notice, the records and papers on file herein, the attached Memorandum of Points and Authorities, and on such other evidence as may be presented at the hearing of this motion.

DATED: DATE

By:



Squirrels

In Propria Persona





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