16485Re: [tips_and_tricks] Re: IS THIS A VALID LIEN? (RE-POST WITH MORE DETAIL)
- Nov 14 4:18 PM
First read the laws that pertain to your situation. Then make up your own mind.> That all sounds reasonable, maybe.
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.
Take the control our states back from control of the central government.> Read the Constitution for the answers. That is what constitutes the different branches of government. Nothing more or less.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.
~ ~ ~
- << Previous post in topic Next post in topic >>