Most legal remedies for misconduct or
crimes committed by government officials must be formally presented
and officially “sanctioned” by the courts. Inevitably, the cost of
litigation and the courts inherent reluctance to favor private
citizens who sue the government teach us that we “can't sue city
hall” - even if the folks who work there are crooks.
Shielded by the official and practical
immunities inherent in our legal system, government officials are
encouraged to believe they are “above the law”, beyond the reach of
common people, and free to abuse their powers. No longer accountable
in court, the frequency of official misconduct, oppression, and
injustice is rising but normally unpunished.
Commercial liens seem to have
extraordinary power for attacking government officials who break the
Law. The key to the liens’ power is found in the fact that these
liens are applied non-judicially - without the knowledge, approval,
or interference of a judge. Because the judges aren't involved,
they can't stop you from filing your liens, and therefore, they can
‘t shield the government.
Instead, to file a commercial lien,
you prepare the necessary documents and simply file them (along with
a modest filing fee) with the local county clerk, recorder of deeds,
etc. or whatever county agency is responsible for filing public
documents.
But problems are beginning to
develop. Since the legal system can’t stop these liens with high
legal fees and biased judges, the county clerks are beginning to
restrict the filing of liens. I.e., you prepare your lien, round up
your $50 filing fee. and present yourself, your money, and your lien
to the county clerk and he refuses to accept the lien. The lien can
‘t work if it ‘s not filed, so a recalcitrant clerk can stop your
lien cold. Although the clerk's refusal to file the lien documents
is almost certainly unlawful, I’ve heard reports that “refusals to
file” are increasingly common in California, Ohio. and other
states.
The following is one man's
recommendations for dealing with county clerks who refuse to file
your liens (or other documents). This procedure is primarily based
on the Uniform Commercial Code. Because several of the steps
require you to wait patiently (30 days or more) for the government's
response, the total process may take six months or more to
complete.
These lengthy delays are difficult for
those of us who are used to a diet of instant TV, microwave food,
and fast gratification, to accept. Which is to say, here ‘s another
obstacle - time - our legal system uses to prevent the People from
compelling government officials to obey the Law.
So be it.
But what does it take to overcome this
obstacle? Just patience, persistence and determination. The first
one, two, or even three individuals who fight to compel the clerks
to properly record their liens may have to struggle for most of a
year. However, once the clerks begin to see their personal
liability, they'll return to obeying the law and recording the
liens. It may take time, but it is clearly time that must be spent
by a handful of people to open the doors for the rest of the
public.
In general, it looks as if the liens
can be used to compel the judges and public officials to obey the
law, and The Uniform Commercial Code can be used to compel the
clerks to obey the law. Point: where there‘s a will, there ‘s a
legal remedy.
Advice: Learn to work with others.
Your witnesses are your friends, advisors, and legal “safety net”
Unless you have absolutely no choice, don't try to “lien on”
government officials all by yourself. Bring at least two witnesses
along to every face-to-face meeting with the clerk, Recorder of
Deeds, Sheriff etc.. After the meeting, have your witnesses prepare
sworn affidavits of whatever they saw and heard the clerk, official,
sheriff say, do, etc. If the clerk refuses to file your lien and
you have no witnesses, it's really just your word against his or
hers. And if the clerk refuses to provide a written explanation for
his refusal, it's still your word against his.
However, if you bring witnesses, the
officials will be more intimidated and less likely to refuse your
lawful Demands in the first place. It may take a little persuasion,
but if the clerks begin to suspect they are being “trapped” into a
potentially litigious situation, they'll be more likely to cooperate
and file your lien or call their boss (and thereby generate more
witnesses, and more public controversy). If the clerks, officials,
etc. still refuse to do their sworn duty, your witnesses and their
affidavits will provide a solid foundation for pursuing stronger
legal remedies.
Finally, as is always the case with
instructions, forms, etc., bear in mind that the following
recommendations were not provided by a licensed lawyer, or
“sanctified” by some judge. What follows is only a study guide
intended to outline one man's notion on how to compel government
officials to do their sworn or lawful duty. Before you apply any or
all of these recommendations, you must do the necessary research to
confirm the strategy is valid and can be lawfully applied to your
local county clerk. recorder of deeds, Sheriff etc. — Editor
When a county clerk, recorder of
deeds, etc. "refuses to record”:
1. Get a written explanation,
reason or “excuse” from clerk who refuses to record your
document. This is the First link in your “chain of
evidence”.
2. As per your state Uniform
Commercial Code section 3-505/501, send a "Notice and Demand
For Exhibition Or Presentment Without Dishonor” by certified mail
to the office (county clerk, recorder of deeds, etc.) that
refused to accept your lien. In that “Notice and Demand”, demand
that they produce for your inspection:
a) The Statute or Law passed by the
Legislature which authorizes them to condemn the “Public” records
for their personal and private use;
b) Their personal Bar/ Lawyer I.D.
Number issued by the State Bar or State Supreme Court which
authorizes them to make "Legal Determinations”; and,
c) The Statute of Law passed by the
Legislature which authorizes them to edit and/or censor documents
prior to recording.
Give them reasonable time (30 days) to
comply with your DEMAND to prove written authority, and then put
them ON NOTICE that the “Law of Principal and Agent” specifies that
“The Agent is personally liable for acts not authorized by
the Principal.” As such, unless there are laws granting the clerk
the power to refuse to record certain documents, the clerk/agent has
no corporate veil of immunity for his or her refusals and may
be personally vulnerable to a lawsuit.
3. If, after the reasonable time has
elapsed, and they have failed to produce the written
“authority” you Demanded, send a Notice Of Default by certified
mail, notifying them that they have defaulted by not answering.
In it, provide them with a “right to cure” their Default by
recording your original lien (or other documents) without further
interference, or suffer the consequences. Allow 10 to 30 days for
their response.
4. If they don’t respond in the 10
to 30 days, send them certified mail, a “Notice of Amount
Due” for the damage caused by their injury to you (or your Property
Rights) by their defalcation, dereliction of duty, default, and
unauthorized “Refusal to Record” in a “sizable amount” ($1,000??).
Again, give them reasonable time (30 days) to pay you.
5. After the 30 days
reasonable time has passed (plus 4 or 5 days for the mail),
send them certified mail a “Final Notice of Amount Due” for
the damage caused by their injury to you. Again, give them
reasonable time (30 days) to pay you the amount of damages you’ve
demanded.
6. If they don’t pay your “Final
Notice” Demand in 30 days (plus 4 or 5 days for the mail), go
to the County Elected Peace Officer (Sheriff), present copies of the
two certified mail Demands for payment, sign a “Distress
Warrant” or “Distraint Warrant” stating that you have NOT been paid,
and have the Sheriff go get your money or sell the clerk’s car,
mobile home, boat-motor-trailer, or whatever, to get your money for
you (just like the “Consumer Finance” lenders and the IRS
do).
7. At any stage of this “procedure”,
you can send the offending clerk(s) a letter and “offer to settle”
(“Right to Cure Default”) if they will “perform their sworn duty”
and “Record without debate” your document or lien. If they fail or
refuse, go on to the next step in the procedure. The purpose of
this procedure is to force them to do what they are paid to do,
not to sell their car, boat, whatever. Even after the sheriff
takes some of their property, you might still offer to give them
back their car (or whatever) if they will “Record” your document
without further question. This is to show “Good Faith”.
8. If the Sheriff refuses to perform
his Sworn Duty to execute upon your “Distraint Warrant”, inform him
that you personally will perform his sworn duty FOR HIM, and on his
behalf. Inform him, also, that the newspapers will be informed that
he has refused to perform his own sworn duty but continues to cash
his pay check, and that this constitutes FRAUD by him since he only
performs “Selective Enforcement” of the law - which is unlawful.
Inform him that the resultant publicity may have a negative impact
on his chances for running for reelection, and that you may have to
sue him in his personal capacity for money damages due to his
Dereliction of Duty, Defalcation, Embezzlement of Public Funds,
and damage due to his injury to you and/or to your property rights.
9. Send the Sheriff by certified
mail a “Notice and Demand for Production or Exhibition Without
Dishonor” of the Law or statute that authorizes him to:
a) perform “selective
enforcement” of the Law;
b) accept the People’s pay and not
execute on lawful Warrants;
c) personally edit and
censor documents, or refuse to perform his duty under
his sworn oath (which is PERJURY).
10. If either the Sheriff or the
Recorder of Deeds says that they take their “orders” from some
government lawyer, get that in writing! This “Admission/
Confession” becomes the Second link in the “Chain of Evidence” or
the “Preponderance of Evidence” that you will be creating.
After, and only after, you have
the above “Admission and Confession” in writing, leave their
office. (Alternatively, you might bring one or two witnesses with
you who will later provide affidavits describing what the
Sheriff or Recorder said.) Then perform the previous certified
mail step#2 and add item:
d) provide the Statute of Law passed
by the Legislature that authorizes them to relinquish their office
over to another (whoever - regardless of whether they’re government
attorneys or not) while continuing to accept and negotiate (cash)
their pay check after having turned over their office to said
“other”.
Remember, you are exposing a HUMONGOUS
scam. The lawyers’ club has usurped the government from the
Legislature and from the People, and you are exposing this
fact. Do not expect Satan to give up easy and go home. He
and his minions never have before, so why expect them to now? They
are all part of the “New World Order” and they are the “Politburo”
of the party. They truly believe that they are the “chosen
few” to dictate the lives of the “Sheeple” on behalf of the
World, Corporate, “Money Mafia” Bankers.
MORE HELPFUL INFORMATION:
When dealing with the registrar or
recorder don’t allow them to make any legal determinations for you.
If they say ‘this doesn’t look right’, or ‘this doesn’t seem legal’,
or ‘I don’t think you can terminate the IRS’s lien’, or any other
such unsolicited legal opinions, answer this way: “I
have not hired you to represent me. I do not give you
permission to make a legal determination for me. If you do make a
legal determination for me without my permission, you are practicing
law without a license. Practicing law without a license is a
commercial crime. You can also research your state code. Look for
the section concerning crimes against justice. You’ll probably find
two or three sections pertaining to: destroying and stealing public
records; conspiracy to defeat enforcement of laws; destroying or
stealing records by officer in charge.
This information, along with the
penalties of course, can be made into a notice you can use when you
go to get your legal instruments recorded. Suggest that the
recorder just stick to his or her job, which is to record legal
instruments like your UCC3s. Stand your ground and be persistent,
but not abusive. If the recorder refuses you no matter what, you
should proceed at once to use any and all legal options against him.
Get the criminal charges filed first. Bring copies of the
complaints and arrest reports along with your affidavits to the
bondholder. Make sure the bondholder knows that you intend to make
him criminally liable as well if he continues to carry a bond on
this person. The affidavits showing wrongdoing on the part of the
recorder and how you were damaged as a result, along with copies
showing the man has been criminally charged and arrested for actions
he took while on duty in his bonded capacity, should be very
effective.
Bring a tape recorder in a pocket or
purse. You can’t use the tape as evidence, but it’ll help you with
details if you need to make affidavits to revoke his bond.
If you ruin his career, the guy who
replaces him will have learned a lot about who’s in charge and will
be much more accommodating.
Even after you get these notices
terminated you may still have trouble with an employer if a notice
of levy shows up. You can contact American Rights Litigators at
phone #352-383-9100. They can help by writing very professional
letters for you to use on any third parties, such as banks and
employers. Remember, you want the resultant document, the release of
lien. The same laws under “crimes against justice” apply here as
well. The registrar is not allowed to withhold the resultant
document from you.
Point out that their incorrect
recording of the IRS668 notice has caused damage to you.
The IRS668 notice should be recorded
as a notice and not a lien. When they record it in the lien book,
it becomes negotiable and enforceable.
This is the root of the problem.
*ATTENTION California and possibly
other states: Recent info coming out of California indicates the
state code has been changed to allow the recorder to edit and/or
refuse your legal instruments. Do not despair. A friend in
California reports he has dug up the legal remedy. Apparently the
Secretary of State now has the power/burden.
If the county recorder refuses you,
you can have your legal instrument “served” on the Secretary of
State. He is required to record it. This, of course will still not
get your UCC3 into the county recorder’s office, where it belongs,
so the following is suggested: Include a cover letter informing him
that: Since your right to record legal instruments at the County of
(name of county) has been compromised through legislation, you
expect HIM to represent you at your county and to certify the
recording of your legal instrument there as well. Mention that you
want to be notified by mail of the certification of your legal
instrument at said county recorder’s office.
Details on “served” are sketchy. It
might just mean certified mail. Find out. Research your state
code.
After you get it all done, please help
someone else with theirs. Be their coach or witness. We've got to
work together.
by David DeReimer