Re: [tips_and_tricks] Re: IS THIS A VALID LIEN? (RE-POST WITH MORE DETAIL)
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.
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- Regarding the previous post on the legality and applicability of a Notice of Levy, here is a letter from a congressman stating clearly that they only apply to government employees, NOT TO THE PRIVATE SECTOR!Many people have had success suing the County Clerk who "launders" the Notice into an actual lien, without any authority. Chuck Conces, of Lawman fame, initiated a number of these actions successfully. He recently passed away, but his information is still out there, go look for it. You have a viable suit against then County Clerk, and also against the United States for agent(s) exceeding their authority under 26 USC 7433. In both cases, you need to research the law, and find what applies and more importantly what does not apply. You learn it best when you have to work for it, so go research it. If you are totally unable to find anything, contact me directly and I will point you in the right directions, but I won't do your work for you. This can be done, I have done it, and so have many others. This is one of the easier battles.Q
- > Regarding the previous post on the legality and applicability of a Notice of Levy, here is a letter from a congressman stating clearly that they only apply to government employees, NOT TO THE PRIVATE SECTOR!See how far that gets you. That argument's been shot down so many times it's a waste of time to even consider it. You can argue legal theory 'till you're blue in the face & I've seen it for going on 17 years - but until the paperwork proving such a "win" is on my desk, file-stamped, duly recorded on the record, etc., I won't believe it.> Many people have had success suing the County Clerk who "launders" the Notice into an actual lien, without any authority. Chuck Conces, of Lawman fame, initiated a number of these actions successfully.I have yet to see proof of that from anywhere & you'd better check your State's statutes to see if they include the Uniform Federal Lien Registration Act. For example, In North Carolina it's Article 11A in Chapter 44 & no action against the county clerk will succeed because they're not required to certify anything:
§ 44-68.13. Execution of notices and certificates.
Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgement is necessary. (1989 (Reg. Sess., 1990), c. 1047, s. 1.)
Notice that statute has been on the books since 1989 & I guarantee you that a notice of lien or levy that's got even a stamped signature of some IRS or federal officer/agent on it that'll be good enough. The clerk is not required to verify the authenticity of the lien/levy & if you bring an action claiming that he(she) does, you will lose big-time & bring the State down on you for even filing the action to begin with.
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I believe your are correct in stating that the clerk does not have to verify
the truth in the document however, they are responsible to file it in the
right place. Intent to Lien is not an actual lien, therefore the clerk has
misused her/his position or been negligent in the proper handling of the
document filed by IRS, further causing you personal damages. Try putting
that suit together you would have better results.
> Regarding the previous post on the legality and applicability of a Noticeof Levy, here is a letter from a congressman stating clearly that they only
apply to government employees, NOT TO THE PRIVATE SECTOR!
Perhaps you are aware of it, but in the past couple of weeks my wife and I asked people to P-l-e-a-s-e look at our website at www.greenes.us and that if there was anyway you could help to Please Donate. One of the people who operates one of the legal forums also encouraged others as well and his message was reposted on other forums as well.
His (Mac’s) message is presented below, however I want to say that we were at a point were we were about to lose our phone and internet services, as well as the fact that, well, funds got so low that the last bill from PACER had the bank account overdrawn. And the way things were going if others didn’t help we wouldn’t be able to continue much longer, let alone be able to pay for the ink and paper to write/print up our briefs, the gas to get them to the court for filing and the money it takes to serve, by Certified Mail, (1) the United States Attorney, (2) the U.S. Department of Justice, and (3) the Internal Revenue Services.
Anyway, to make a long story a bit shorter, I respectfully declare under the penalty of perjury that because of the help we received from many of you we were able to straighten out the bank account to allow free access to PACER, the back Sprint bill of $140.00 was paid so I still have phone and internet, and, well, you gave us the able to pay for the ink and paper to write/print up our briefs, the gas to get them to the court for filing and the money it takes to serve them all. Today’s filing is not as yet posted to PACER but is attached for your review.
As we explained in the past, the IRS put us out of work back in January and whether or not you agree with the positions we put forth, in this country we are supposed to have a right to work and yet the court has denied the first two motions for injunctive relief and with a hearing date which was supposed to have been July 18th the court has remained silent with respect to our third motion for injunctive relief. So we’ve been without an income for a very long time.
Of course, with the IRS Notice of Levys placed against any existing bank accounts
every few months it has been tough and we will forever be indebted to people like Bob Schulz and Judy Schulz who gave us the $455.00 needed to file the Notice of Interlocutory Appeal and LegalBear who pays for our monthly VersusLaw Account. But, the only reason we’ve been able to hold out so long is that although we are homeless living in a 1985 22-ft camper we didn’t have to pay rent. The church had been helping us with food and even helped us with some of the propane we used for cooking and heat. Still, there was a million problem to face like the fact that we had to worry about child protection because we didn’t have the money to re-enroll our son in the home-schooling program he has participated in for the past seven years, and even in that we have been blessed by the fact that the home-school program has allowed us to simply purchase our son’s books and has told us that we can always pay the enrolment fee sometime down the line as long as we are sending them the proof that he has been keeping up with his work. But, still, we were at our end and then you all helped, and, well, you gave us the able to pay for the ink and paper to write/print up our briefs, the gas to get them to the court for filing and the money it takes to serve them all. THANK YOU!!! Today’s filing is not as yet posted to PACER but is attached for your review.
--- On Mon, 11/17/08 , Macwildstar <macwildstar@...> wrote:
From: Macwildstar <macwildstar@...>
Subject: Re: [Natlawmandisc] Thank You for making My Day!!!
Date: Monday, November 17, 2008 , 5:20 PM
As Group Owner of this group, I plead with everyone here, to please make a donation to William. His case is historical. IF he succeeds he will set precedence that the IRS is NOT and never has been an agency of our government and is SUE-ABLE!
The Ramifications of this case will echo for the next 5 decades - The nearly 100 years of terror imposed by the IRS will come to an end, if William is successful.
So dig into your wallets.. even 5 bucks helps. We all have an interest in how this case will come out.