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Re: [tips_and_tricks] LIENS

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  • gary
    I believe a number of people who have tried that with various government officials are now residing as guests in government accommodations. Having the
    Message 1 of 5 , May 31, 2006
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      I believe a number of people who have tried that with various government officials are now residing as "guests" in government accommodations.
       
      Having the ability to do something is not necessarily the same as having the authority or right to do it.  You can file a lien against someones property but unless it has a proper basis I think they call it defamation of title and it is illegal.
       
      To claim damages by a government agency and hold an individual person responsible requires that you prove he acted outside his/her authority and placing liens on their property prior to this will more than likely get you all the trouble you could want.
       
      Gary 
      ----- Original Message -----
      From: JD
      Sent: Wednesday, May 31, 2006 4:45 PM
      Subject: [tips_and_tricks] LIENS

       Again, I asked; "One does not need a court order or decree to file a lien?"  "That's true", she said.
       
      Well, this may be a two edge sword.  I would think if an agency performs an action against one without:
       
      1.  Delegated Authority
      2.  Statutory Authority
      3.  Jurisdiction, or
       
      violates due process any other way, it would seem to me that a valid lien could be placed against that person for the amount of damage done to your person or property. 
       
      If government or other entity places a lien that violates the principles above, it would be proper to place a lien on that person, and also others that participated in the violation of law, authority or jurisdiction.
       
      Any thoughts??
       
       
    • JD
      I think a lot has to do with the process. I think that an action, first be taken via the courts, and if small enough, small claims. This is about the closest
      Message 2 of 5 , Jun 1, 2006
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        I think a lot has to do with the process.  I think that an action, first be taken via the courts, and if small enough, small claims. This is about the closest one will get to a common-law court.  There is no punitive damages here, only actual loss. And, as all knows that when entering an action, the burden of proof is on you.
         
        ----- Original Message -----
        From: gary

        I believe a number of people who have tried that with various government officials are now residing as "guests" in government accommodations.
         
        Having the ability to do something is not necessarily the same as having the authority or right to do it.  You can file a lien against someones property but unless it has a proper basis I think they call it defamation of title and it is illegal.
         
        To claim damages by a government agency and hold an individual person responsible requires that you prove he acted outside his/her authority and placing liens on their property prior to this will more than likely get you all the trouble you could want.
         
        Gary 
         
      • Thomas Galletly
        I have been fighting a coerced guilty plea for 2 ½ years and have finally won my rule 32 proceedings. Now that everything is back to ground zero, I have some
        Message 3 of 5 , Jun 1, 2006
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          I have been fighting a coerced guilty plea for 2 ½ years and have finally won my rule 32 proceedings. Now that everything is back to ground zero, I have some questions, hoping that I will not be led astray again. In the 3 years that this has been ongoing, the state had not released any discovery on one of the charges, even after ordered to do so by the court. I was assigned a PD and when I went in to see him I took in a motion to sanction the state for the denial of discovery under ARCP 15(7) 1&2 which blocks further evidence and dismisses the charges due to failure to disclose. The PD refused to file it, and when I asked him about the return of the fees I have been paying in for probation and undocumented restitution for the last 2 ½ years, I was told to forget it, I wouldn’t get it back.

           

          Any suggestions or cases to support the rule 15 motion or how to get my money returned would be greatly appreciated. Thanks

           

          Tom Galletly

        • Thomas Galletly
          Below is a copy of the motion and rule. Thomas: Galletly THE SUPERIOR COURT OF ARIZONA IN AND FOR THE COUNTY OF STATE OF ARIZONA, Plaintiff, vs. THOMAS
          Message 4 of 5 , Jun 1, 2006
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            Below is a copy of the motion and rule.

             

            Thomas : Galletly

             

             

             THE SUPERIOR COURT OF ARIZONA

            IN AND FOR THE COUNTY OF

             

            STATE OF ARIZONA ,

                                    Plaintiff,

                        vs.

            THOMAS GALLETLY ,

                                    Defendant

            )

            )

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            )

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            )

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            Case No.:

             

            MOTION ON RCP 15.2

             

            COMES NOW, Thomas : Galletly, a free man upon the land, and moves this Honorable Court to sanction the State from entering any further discovery than they have submitted under Court Order. The State has had over two and a half years to release names of witnesses, copies of Affidavits and any other documentation and they have failed to do so. Under 16A A.R.S. Rules Crim.Proc., Rule 15.7(a)(1) and (2):

             

            a. Failure to Make Disclosure. If a party fails to make a disclosure required by Rule 15 any other party may move to compel disclosure and for appropriate sanctions. The court shall order disclosure and shall impose any sanction it finds appropriate, unless the court finds that the failure to comply was harmless or that the information could not have been disclosed earlier even with due diligence and the information was disclosed immediately upon its discovery. All orders imposing sanctions shall take into account the significance of the information not timely disclosed, the impact of the sanction on the party and the victim and the stage of the proceedings at which the disclosure is ultimately made. Available sanctions include, but are not limited to:   

             

             1) Precluding or limiting the calling of a witness, use of evidence or argument in support of or in opposition to a charge or defense, or

            (2) Dismissing the case with or without prejudice, or

            (3) Granting a continuance or declaring a mistrial when necessary in the interests of justice, or

            (4) Holding a witness, party, person acting under the direction or control of a party, or counsel in contempt, or

            (5) Imposing costs of continuing the proceedings, or

            (6) Any other appropriate sanction.     

             

                        I move this Honorable Court to grant the above sanctions.

             

            Dated this 24th day of May, 2006

             

            By:

             

             

             

            Thomas : Galletly

             

             


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