Commercial liens - from research to application

[Satori]

Sui Juris, have any of you used commercial liens to successful effect? I'm very interested in them, and am preparing to apply quite a few of them. I've been going through the research material I have (which is now in Sui Juris' download section under Liens) to ascertain the specific schedule of do***ents and their order in the process. Attempting to distill that from lengthly descriptions of concept and unannotated, undifferentiated, and sporadic references to it in a mass of wordage attempting to describe the process in general has frustrated my efforts. I've taken notes, which I will share here. They are off-the-cuff, not complete in any sense, and I wanted to check with other Sui Juris members on the subject and use them as a starting point for an examination of the process.

Originally Posted by Satori's notes

> Encroachment upon the Claimant by the Accused

> Commercial Affidavit (Sworn Affidavit of Truth)
(Carries an SEC tracer flag from the beginning for use as a security once it matures in 30 days. A Security is "evidence of debt" and is used because the liens are generally based in FRNs. Possibly unneccessary if gold is used instead, as it should be.)

> Notice and Demand

> 30 day standard rebutal period, point-for-point rebuttals required

> Notice of Default

> Criminal Complaint - A ledger listing causes of action, the number of counts, redresses demanded and the massive civil penalties (such as jail time) which occur whenever unalienable rights are violated.

> Commercial Lien - Accompanies the Criminal Complaint
Issued by consensual default of the Accused
May be filed in the County Recorders office not as necessity but as convenience.

(At this point the Accused is a convicted felon: unbondable by any insurance company, subject by law to immediate termination if employed by the government and forever barred from holding public office.)

The Criminal Complaint is turned over to the appropriate Prosecuting Attorney who must institute a sentencing hearing wherein a judge will impose the incarceration prescribed in the appropriate criminal codes for the offenses of which the Accused now stands convicted, else federal charges apply to said court personnel.

The Sheriff is now empower to seize all assets and properties of the convicted Accused via the matured Commercial Lien. This seizure is the Levy.

[marksgirl]

I don't have experience with this complete process. I have served a Notice and Demand on someone, and they have 2 weeks left before their 30 days are up. Time for me to start working on the Notice of Default, I guess!

NOTICE AND DEMAND
Ref. Number: TLB-20060304-SDB

March 4, 2006

To:
Sxxxxxx
(street address)
(city, state, ZIP)

Certified Mail 7005 1820 0005 8865 4708


Please take notice of the following:

FACTUAL BACKGROUND

On or about December 24, 2005, you did enter into a verbal agreement with Txxx that four of your children, Rxxx, Jxxx, Jxxx, and Jxxx, could accompany the injured party, her six children, Mxxxx, and the children’s grandmother on a trip to Pxxx via Amtrak.

This trip involved over 70 people and Txxx was responsible for scheduling and collection of payments. Tickets had to be purchased in advance and were non-refundable.

This trip was to take place on January 11, 2006. Due to mudslides on the tracks caused by heavy rainfall, this trip had to be rescheduled, and you were notified of the change. The date chosen was February 8, 2006, a day when Rxxx, Jxxx, and Jxxx did not have school and would therefore be available.

Based on your agreement to allow the children to attend this trip, Txxx proceeded to make arrangements, commitments, and financial expenditures for the trip, including but not limited to ticket purchases.

When you broke your agreement, Mxxx made every effort to warn you that you would be in breach of contract, as evidenced by the enclosed copies of communication with your lawyer.


BREACH OF AGREEMENT

You are in breach of our agreement as follows:
· Two days prior to the scheduled trip you reneged on your verbal agreement and refused to allow the children to attend this trip.


INJURIES

Because of your breach, Txxx has suffered the following injuries:
· Loss of finances due to ticket expenses,
· Loss of time due to rescheduling around their school schedule,
· Loss of time due to unsuccessful attempt to fill last-minute vacancies, and
· Loss of wages to take the trip.


DUTY

You have a moral, legal, and lawful duty to not engage in any activity, such as lying or breach of contract, which would cause an unwanted injury to another. In accordance with the Word of God, “Ye shall not steal, neither deal falsely, neither lie one to another” (Lev. 19:11).


BREACH OF DUTY

You have breached and are breaching that duty by:
· Refusing to honor your agreement, and
· Refusing to compensate for non-refundable expenses incurred based on your agreement.


RESTITUTION AND PENANCE

Because you have said and demonstrated that you have no intent to pay for the cost of the tickets purchased for your children; and because you defrauded and lied when you should have not so done; now therefore your immediate payment of $743 for actual costs incurred shall be the restitution and penance by which Txxx shall be restored to her rightful status and you justly punished for your moral and legal offenses.


DEMAND

NOW THEREFORE, Txxx demands that you deliver to Txxx within thirty calendar days of service of this notice and demand, the sum of $743 for the valuable consideration of the injuries Txxx suffered at your hands and as a penance for your transgressions; or show cause (with all appropriate and relevant do***entation) why said demand should not be enforced in a court of record in Wxxx.



DEFAULT

If you fail to satisfy the demand within the allotted time after having been duly served with this notice and demand, then by tacit procuration Txxx or her nominee or her assigns will determine for you the following:
· That the aforesaid demand is just,
· That a court of record in Wxxx may enforce the demand either ex parte or con parte, and
· That you concur and are satisfied with the justness of the demand, and the process by which the demand shall be enforced.

Further, if you fail to satisfy the demand within the allotted time after having been duly served with this notice and demand, then Txxx will take lawful action in a court of record (in personam and in rem),
· To defend against you or any persons acting in concert with you who have caused any injuries to Txxx,
· To secure her substantive rights, and
· To redeem the aforementioned restitution and penance owed to her or something of equal value.

Please do not contact Txxx by telephone. In order to avoid any misunderstanding, all communications shall henceforth be on the record: i.e. in writing and duly served. Please serve all communications and process directly to Txxx at the address shown below.
- - - - - - - -

Affiant, Txxx, a living, breathing, flesh-and-blood woman, knowing the law of bearing false witness before God and men, does solemnly affirm on Affiant’s own unlimited commercial liability, that Affiant has scribed and read the foregoing facts contained in this Affidavit, and that, in accordance with the best of Affiant’s firsthand knowledge and conviction, such are true, correct, complete and not misleading. These instruments are submitted upon good faith belief that they are grounded in fact, warranted by existing law, or a good faith argument for the modification or reversal of existing law, and are submitted for proper purposes.


Affiant, ______________________________________
(signature)

Txxx
c/o: non domestic
(street); near:
(town, state) (zip)


We, the undersigned, witness this 6th day of March, 2006, that the one known to us to be Txxx, did personally appear before us in Pxx, State of Wxxx, and upon affirmation execute and affix the above signature.


(Witness Signature) (Witness Signature)

Address of Witness: Address of Witness:




If not rebutted point by point within 30 DAYS by lawful evidence to the contrary, this affidavit is at law evidence that all parties stipulate to the facts herein as true, correct and complete.

I used the example found here http://www.chrononhotonthologos.com/...es/noticex.htm as a starting point. I'm pretty sure I won't be hearing from this person. My intent is to end up putting a lien against some of her personal property and then foreclosing on it soon thereafter, having the sheriff collect it for me. I'll keep you posted on what happens.

[idknow]

Originally Posted by marksgirl

I don't have experience with this complete process. I have served a Notice and Demand on someone, and they have 2 weeks left before their 30 days are up. Time for me to start working on the Notice of Default, I guess!



I used the example found here http://www.chrononhotonthologos.com/...es/noticex.htm as a starting point. I'm pretty sure I won't be hearing from this person. My intent is to end up putting a lien against some of her personal property and then foreclosing on it soon thereafter, having the sheriff collect it for me. I'll keep you posted on what happens.

that reads very well, briefly and to the point!

[Satori]

Originally Posted by idknow

that's reads very well, briefly and to the point!

It does indeed! There goes your career in office, marksgirl.

Thanks for sharing your N&D with the Sui Juris community. I find it really interesting that you would have taken him to court; my understanding is that a commercial lien allows the timer to lapse on the recipient to give him time to rebut your points, and that, effectively, is the trial. Is this standard procedure according to your research, or your own innovation?


- Satori

[marksgirl]

No, I don't intend to take her to court; I merely listed that as one of my options. I have one week left until her 30 days is up, and then I will send a Notice of Default and 3 Days Notice to Cure (second chance).
My intent, since I know she is ignoring this and doesn't have the money to pay anyway, is to put a lien against her personal property (something specific I have in mind.) That will be her third chance to "make amends" before I actually foreclose on her property and take it.
This is the procedure I (and others) found researching the issue. If it really does work, I'll wish I could say it was all my idea! lol

[lionel]

This appears as if it will be successful. Please keep us posted as to the results of this action. Good luck.

[marksgirl]

This was mailed Friday, since I hadn't heard anything from her. Now I'll have to prepare the final notice of default to get mailed this week and get the lien filed as well. I'll let you know how it goes.

NOTICE OF DEFAULT
And THREE DAYS NOTICE TO CURE
Ref. Number: TLB-20060304-SDB

April 7, 2006

To:
Sxxxxxxx
street
town, city

Certified Mail xxxx


YOU ARE HEREBY NOTICED that a default exists, upon your failure to rebut the Notice and Demand Affidavit that was sent to you the 6th day of March 2006. You were given the opportunity to rebut this affidavit within 30 days with lawful evidence to the contrary. As no response has yet been received, Txxxx hereby submits this Notice of Default and Three Days Notice to Cure.

NOW THEREFORE, you are in default and are given 3 days to tender payment in full of $743. If payment is not received within such a time, a final default will be filed with the court and further legal action will be pursued as necessary.

Signed this 7th day of April 2006.

______________________________________
(Signature)

[Satori]

Thanks for the information. Keep us posted!

Where did you get the reference number you're using in your do***ents? Is it just a unique number you arrived at yourself?


- Satori

[marksgirl]

Originally Posted by Satori

Where did you get the reference number you're using in your do***ents? Is it just a unique number you arrived at yourself?

Yes, it's my initials, the original date for the Notice and Demand, and her initials.

[Satori]

Originally Posted by marksgirl

Yes, it's my initials, the original date for the Notice and Demand, and her initials.

Awesome, thanks for sharing that. The thing stopping me from doing a commercial lien (or several) has been trying to find out the requirements for the SEC's protocol, including tracer flags and reference numbers (which I'd taken to be an SEC proprietary thing). I guess not, although information from the SEC is still pending and I've encountered webpages from banks regarding securities that have mentioned "reserving" blocks of numbers for securities from the SEC.


- Satori