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16485Re: [tips_and_tricks] Re: IS THIS A VALID LIEN? (RE-POST WITH MORE DETAIL)

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  • Jake
    Nov 14 4:18 PM
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      > That all sounds reasonable, maybe.

      First read the laws that pertain to your situation. Then make up your own mind.

      If I follow court rulings I will definitely be confused by the courts who are nothing attorneys (Latin definition: to twist)in black dresses.

      They follow no rule of law.
      Actually they do - "legal precedent" (usually) & rules of procedure (always) & the latter is where they get you - unless you know them as well as they do - that sword cuts both ways.   My Dad was a business lawyer for almost 50 years & about 40 years ago he told me, "Son, lawyers don't know law, they just know procedure."  He was right & every case I've ever "won" has been on procedure, not subject matter, even though I was right on that too.
      Here's a classic example of how people screw up that I believe Bear is familiar with too - I reviewed over 50 cases brought under 26 U.S.C. § 7433, "Civil damages for certain unauthorized collection actions."  All but one was dismissed under Rule 12(b)(6) - complaint fails to state a claim upon which relief can be granted.  If you read § 7433(d)(1), which obviously @ least 50 people didn't, you see that you have to exhaust all administrative remedies 1st & that invokes 26 CFR § 301.7433-1.  In the one case, the court denied the Govt's. motion to dismiss because the guy HAD followed 26 CFR § 301.7433-1 & HAD exhausted all his administrative remedies BEFORE filing suit.  Heck, I drug out 5 traffic-related charges for 2 years & by the time the ADA put them back on the calendar, the statute of limitations had expired, so those charges were dismissed.  It's all procedure, procedure, procedure & if you don't want to learn it, don't fight the battle.    
      > Read the Constitution for the answers. That is what constitutes the different branches of government. Nothing more or less.

      Take the control our states back from control of the central government.
      You know the saying, wish in one hand & **** in the other & see which one fills up 1st.  That battle was lost 140 years ago & nothing you do today is going to change the fact that the States are merely political subdivisions of the federal Gov't.  I like Constitutional law & legal theory as much as anyone here, but what I care about is what actually works.  And I don't like the procedural rules any better than you do, but I didn't write 'em - they are what they are - deal with it.  Those who do stand a decent chance; those who do not have no chance.  Yes, it's tedious, yes it's boring, but your only realistic shot is to learn how the game is played & play it better than they do. 
      ~ ~ ~

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