enforceing contract against debtor

#1 10-15-2005, 07:09 AM

I recently got into a spitting contest with a local municipality over a no registration citation. I noticed them of my copyright, sent the offer of contract, waited for them to default and then filed a UCC1 against all their property. Before I could arrange to auction the police vehicles at a sheriffs' sale the state's attorney sent me a letter explaining I had unlawfully clouded the title of this city and that I had no basis for it as my contract was invalid. I checked on this "illegal clouding of title statute" that was only passed here in Illinois in 1997. No one has ever been charged and convicted under it as there exists no case law on it. I ended up terminating the financing statement beacuse I am a chicken and didnt want to get arrested, again. My question is: has anyone been able to enforce and collect damages by using the NWCSA process as outlined in CTC3? Would it be best for me to try and obtain a judgement in court based on their breech of our contract or use a common law process of noticing them and obtaining a notary's certificate of non-response?

weishaupt1776 · #2 10-15-2005, 07:36 AM

I have no answer, but you're a madman. That took some balls of steel !!

Regarding liens it seems like the best way to go is for a judgement lien under rule 64 at the District Court, but you sign the order yourself as the court of competent jurisdiction

David Merill and HB could explain the court of competent jurisdiction better than I could

seeker · #3 10-15-2005, 10:58 AM

I am not sure if you did the Notice under notary seal or not, but doing so results in a judgment by estoppel. You then need to have a judicial review of your PROCESS -- not your paperwork. Seems the most effective way is to open a misc file in Fed district ct and then put your Estoppel in there and ask for a judicial review. If the 'judge' says it is correct and certifies that, you take out a certified copy and take it back to the municipal or state court as a 'foreign judgment that has been certified' -- kinda like Rock, Paper, Scissors -- what trumps what? LOL

In the process of this, so I have not personally tested it, but have spoken with others who have.

Lots of luck!

Illinois Sucks where any legal stuff is concerned.

Seeker