Commercial Liens - Ch 4
Chapter 4 - Procedures and Implementation
Research
First, obviously read everything in this manual, and anything else on the subject you can find. While this manual provides all the most important basic information, it does not presume to possibly cover comprehensively everything you would ever need to know on commercial liens. New information is coming out every day, and you may discover additional information from your own research and experience. Further, because Terra Libra is not in the business of giving licensed legal advice, even this manual cannot be relied upon as your law. This is simply information we believe to be accurate, and it is your responsibility to confirm that it complies with the laws in your state, to protect yourself.
It is assumed that you will already have specific purpose in mind, for the use of the lien. You either have had property taken by officials in government-related agencies, which you would like returned, or you have otherwise been damaged by their specific actions or failure to fulfill their obligations in office. Or, you have some large ideological goal you would like fulfilled for the benefit of society at large, like Mr. Marsh’s lien against the U.S. Government. Whatever the case, much of the language of the documents to be used will have to be composed by yourself, to articulate the necessary factors for the fulfillment of your chosen purpose.
Notice and Demand
The first document you will be creating is the "Notice and Demand." It is imperative that this step be included before filing the lien; otherwise, if this step is skipped, you could be prosecuted, convicted, fined, and jailed for failure to follow legal due process. Properly following due process is part of your actions being done in good faith.
After an errant official has been served a Notice and Demand, he must be given a lawfully adequate period of time (check your local jurisdiction’s requirements) to correct his error or breach of contract. Usually this is anywhere from 30 to 90 days.
For example, there was a Notice and Demand reportedly served by Charles Gray (a pro se) to Judge Joel Feldman in Georgia (see Appendix B.1). In this Notice, Mr. Gray alleges that Judge Feldman had broken various laws in the process of taking of some of Mr. Gray’s property to repay back taxes to the IRS.
Although you can use ideas from Mr. Gray’s Notice and Demand, obviously your own must be custom designed for your own purpose. Yet there are certain common elements that should always characterize it:
1. It should be in the form of an Affidavit, and it should address the individual(s) personally.
2. The Notice should be as concise as possible, preferably avoiding religion or morality. It should focus on applicable law, and contain appropriate citations of law, if possible, to support what is being claimed.
3. It must quote the legal amount of time given for the recipient to fulfill the demand, and what will happen if the demand is not satisfied within that time.
4. It should give the recipient a certain period of time in which to rebut the claims made therein.
5. Finally, it should be hand-delivered or sent certified mail, return receipt requested.
Notice of Default
If the individual does not respond to or rebut your Notice and Demand (see Appendix B.1), you should then send a Notice of Default, stating that (1) the recipient has acquiesced to your claims by default, and that (2) payment or satisfaction is expected.
Filing this Notice of Default (see Appendix B.2) with the County Recorder or Clerk of Court where the lien debtor has property creates a public, legal record in support of your subsequent lien.
Commercial Lien
If, after the lawful period passes without correction, only then can a Commercial Lien be served to the offending official or sent Certified Mail, Return Receipt Requested, and also filed at the courthouse(s) for the county(ies) in which the offender has property. The lien must be accompanied by (or must contain) a Commercial Affidavit, containing a ledger of damages suffered. The lien must also cite the law(s), action(s) or obligation(s) that gave rise to the damages. Models of both documents are listed in Appendix B.
Lawsuits and Criminal Complaints
Some pro se litigants will first file a lawsuit (Title 42 U.S. Code §1983) or a criminal complaint before filing a commercial lien. This step is included to show a "good faith" attempt to obtain justice according to normal legal procedures. After the courts refuse to consider the litigant’s legal complaints (which is usually the case), the litigant declares a state of "Mixed War," and files the commercial lien.
An example of a Criminal Complaint is included in Appendix B.4. If you use it, you must change the document to suit your particular situation. There is no "fill-in-the-blanks" magic here!