DMVP "Writ of Enforcement" for $20M "Lien" II

[Pottapaug1938]

[quote="David Merrill"]That will go on the Record, if it happens. It does not effect my ability to form a proper civil complaint and a jury in the future. Should I choose the federal venue.

True; but it's a powerful sign that if you form a civil complaint as full of hooey as this one, you will go down in flames as spectacularly as you are about to go down, on the state level.

[The Observer]

That would be like saying the NOFTL is part of the lien process when it is nothing more than notice to third parties that the lien already exists.

So close, yet so far.

The NFTL is part of the lien process - a process that requires notice of the lien to be publicly recorded in order that the federal tax lien can establish priority against those non-secured creditors or creditors who have not perfected their liens and judgments.

I am having difficulty getting any enforcement from the US about it, obviously.

I warned you about that difficulty a couple of years ago, when you made that unfortunate blurt about having to see the lawyer in black robes about getting the IRS to drop enforcement.

[David Merrill]

That will go on the Record, if it happens. It does not effect my ability to form a proper civil complaint and a jury in the future. Should I choose the federal venue.

True; but it's a powerful sign that if you form a civil complaint as full of hooey as this one, you will go down in flames as spectacularly as you are about to go down, on the state level.

So you might think - if I choose the federal jury though - it will be up to the jury, not you.

[Nikki]

You will never bring a case in front of a federal jury.

To do so, you must first file all the appropriate paperwork in strict compliance with the rules of the court.

You have demonstrated that that is totally beyond your capabilities.

[David Merrill]

That would be like saying the NOFTL is part of the lien process when it is nothing more than notice to third parties that the lien already exists.

So close, yet so far.

The NFTL is part of the lien process - a process that requires notice of the lien to be publicly recorded in order that the federal tax lien can establish priority against those non-secured creditors or creditors who have not perfected their liens and judgments.

I am having difficulty getting any enforcement from the US about it, obviously.

I warned you about that difficulty a couple of years ago, when you made that unfortunate blurt about having to see the lawyer in black robes about getting the IRS to drop enforcement.

Good point about recordation!



Especially how the lien starts with an unpaid bill.

[Pottapaug1938]

That will go on the Record, if it happens. It does not effect my ability to form a proper civil complaint and a jury in the future. Should I choose the federal venue.

True; but it's a powerful sign that if you form a civil complaint as full of hooey as this one, you will go down in flames as spectacularly as you are about to go down, on the state level.

So you might think - if I choose the federal jury though - it will be up to the jury, not you.[/quote]

Who said anything about it being up to me? It would indeed be up to the jury -- IF you got before one, which is as likely to happen as Michael Savage showing up to lead Congress in a chorus of "Kumbaya". You won't even make it past the initial stages of the pretrial process. Your civil complaint will not withstand a motion to dismiss under Rule 12 (b)(6).

I'd really hate to be you when you finally realize that no court in any jurisdiction will have anything to do with you or anything you file, except when you are a defendant in a civil or criminal action.

[Judge Roy Bean]

...
I'd really hate to be you when you finally realize that no court in any jurisdiction will have anything to do with you or anything you file, except when you are a defendant in a civil or criminal action.

Pottapaug1938 - You need to realize you're not dealing with a rational individual. The more you respond the more you enable him and expose casual visitors to the world behind the looking glass.

I'm reminded of the Steven Wright joke that goes something like, "There was this light switch in my house that didn't seem to do anything. But I kept flipping it on and off. One day I got a letter from some lady in Romania that said 'knock it off'."

Van Pelt thinks he got that letter.

[David Merrill]

...
I'd really hate to be you when you finally realize that no court in any jurisdiction will have anything to do with you or anything you file, except when you are a defendant in a civil or criminal action.

Pottapaug1938 - You need to realize you're not dealing with a rational individual. The more you respond the more you enable him and expose casual visitors to the world behind the looking glass.

I'm reminded of the Steven Wright joke that goes something like, "There was this light switch in my house that didn't seem to do anything. But I kept flipping it on and off. One day I got a letter from some lady in Romania that said 'knock it off'."

Van Pelt thinks he got that letter.

Thinking my name is Van Pelt is irrational.

I like the rationale of a moderator posting a photo of a man flipping the birdie in order to delete the post before it where I walked the readers through the FILE DATE CANCELLED explanation of consent.



Regards,

David Merrill.

[The Observer]

Especially how the lien starts with an unpaid bill.

Wrong again. The lien comes into existence due to an unpaid bill. A subtle difference. Of course your $20 million "lien" won't go beyond this stage in any effective manner so I am not expecting you to explain what would happen next in the real world.

[The Observer]

I'm reminded of the Steven Wright joke that goes something like, "There was this light switch in my house that didn't seem to do anything. But I kept flipping it on and off. One day I got a letter from some lady in Romania that said 'knock it off'."

Van Pelt thinks he got that letter.

In my opinion, David knows that his legal antics aren't going to go anywhere the goals he has set. This is why he doesn't spend any time rebutting our salient points. All of his legal machinations are done for two reasons only - (1) to give the impression that he has information that no one else has in order to develop followers, fans and groupies to stroke his ego and (2) to fleece the pockets of those stupid enough to believe him.

David's nightmare scenario would actually be winning a suit that he has filed. That result would mean that he stumbled back into the real world where his results could be replicated by anybody; there would be no reason for anyone to have to listen to David anymore about "remedy" since they could easily do it themselves.

[David Merrill]

Especially how the lien starts with an unpaid bill.

Wrong again. The lien comes into existence due to an unpaid bill. A subtle difference. Of course your $20 million "lien" won't go beyond this stage in any effective manner so I am not expecting you to explain what would happen next in the real world.

What happens next in the real world is you order a certified copy of the unpaid bill. The Past Due Notice too. It will only cost you $2.

http://www.sos.state.co.us/

Click Business Divisions on the left:

http://www.sos.state.co.us/pubs/business/main.htm

Click Forms List/Certified Order Form on the right:

http://www.sos.state.co.us/pubs/business/forms_main.htm

Click Certified Order Form:

Or just click up the form:

Certified Order Form

Fill in #20092001574 and your mailing information.



You might get a remittance for $1 back with your copy. [Classical nickel and dime scam - they say $2 but you have to fill in the remittance to get your overpaid $1 back by check. Somebody please report them to FINCEN.] Fill out the form again and send the prepaid certified copy to anybody you would like to have a look.



Thanks!

David Merrill.

[The Observer]

What happens next in the real world is you order a certified copy of the unpaid bill.

Wrong again.

Try thinking of what happens immediately after the lien comes into existence. Here is a hint: operation of law.

[Prof]

Above, Observer wrote:

The lien comes into existence due to an unpaid bill.

THIS IS NOT A REPLY OR COMMENT TO DMVP; I DO WANT TO ADDRESS THE STATEMENT BY OBERVER, HOWEVER

Except for statutory liens, which are a special breed of cat, like the federal tax lien, property tax ad valorem liens, or mechanic's and materialman's (M&M) liens which are possessory, an unpaid bill does not result in a lien. M&M liens are only automatic when there is non-payment if the M&M lien holder has possession -- e.g., if you don't pay the car mechanic, he refuses to release your car, and the lien is then in place. However, M&M liens generated by unpaid work on or material delivered for installation on real estate (e.g., wood for a house being built), must be filed of record within strict time periods for the lien to be created.

If a bill is not paid, there are only two ways to get a lien.

First, you can sue, take a judgement, and act to perfect the judgment lien. Perfection of judgment liens against real estate is by filing in the deed records of the county in which the property is located an "abstract of judgment." A lien against personalty after judgment ordinarily occurs only upon levy by the sheriff -- levy is, in most cases, requires the sheriff to take physical possession.

There are also pre-judgment liens, but those require orders from a court of record and may also require physical seizure. A lis pendens does not create a lien but is a notice to which a later lien may relate back.

In the alternative, the debtor and creditor might decide that the creditor will take a consensual (VOLUNTARY) agreement for the debtor to give and the lender to take a lien on the debtor's property to secure payment of the debt. If real property is involved, a note and deed of trust or mortgage would be created, and the deed of trust of mortgage recorded.

If personalty is involved, the UCC requires either the debtor to surrender possession to the lender (e.g., like a pawn shop situtation) or that the parties jointly execute a security agreement granting the lien in described personalty. If the UCC requires a notice filing, then the lender would file a UCC-1.

What DMVP seems to have filed is a "naked" UCC-1 in an attempt to create a lien arising from on an unliquidated, disputed debt [actually, an imaginary, silly, idiotic claim of no validity or substance, made by DMVP, as pointed out by Nikki, below]. A UCC-1, filed in those circumstances, is an improper and illegal cloud on title and should, in my opinion, generate a possible claim for damages under CO law by the alleged debtor. Such a UCC-1 filing is totally ineffective to create any kind of enforceable lien. The document I refer to is posted by DMVP above in this thread and in FLAME WARS in a thread entiled "Redeemed Lawful Money" and is his UCC-1 filed against the State of Colorado Cap. Finance Corp.

As an aside, a naked UCC-1 is contemplated by Art. 9. That way, no one can get ahead of a lender negotiating a loan transaction. The UCC-1 is filed, and becomes effective upon attachment -- attachment occurs upon execution of a security agreement, extension of credit by lender, and receipt of value from lender by debtor. After attachment, the UCC-1 becomes effective as of the filing date (a relation-back rule), and priority in the collateral is given to the first lender to file, which might not be the first lender to advance money.

[Nikki]

What DMVP seems to have filed is a "naked" UCC-1 in an attempt to create a lien arising from on an unliquidated, disputed debt.

I believe you are giving too much credibility to David's claim against the state.

It isn't even a disputed debt. It's an imaginary debt.

David arbitrarily assigned a value of $20M to actions of state officials which he believed violated their oaths of office.

First, their actions were totally within the boundaries of the law. David just refuses to accept that.

Second, even if he were correct in assuming that his rights were violated in some way, he is not the one to determine the value of his hurt feelings. He would first have to exhaust all the appropriate statutory administrative processes and then bring a civil action in a legitimate court.

However, none of this matters to David. He is operating under the rules of Corpus Juris Merrilium.

[Prof]

Nikki, does the edit above help?

[The Observer]

THIS IS NOT A REPLY OR COMMENT TO DMVP; I DO WANT TO ADDRESS THE STATEMENT BY OBERVER, HOWEVER

Except for statutory liens, which are a special breed of cat, like the federal tax lien, property tax ad valorem liens, or mechanic's and materialman's (M&M) liens which are possessory, an unpaid bill does not result in a lien.

Prof, the thread between David and myself had started off regarding the federal tax lien and my comment above was only in regard to the statutory lien. I did not mean to imply that any unpaid bill would result in a lien arising - especially any bill that David claims that he is owed. I got sloppy in not noticing that the conversation has moved onto David's fancy - and meaningless - paper filings.

[Nikki]

Nikki, does the edit above help?

You really shouldn't try to be so subtle.

[David Merrill]

Nikki, does the edit above help?

You really shouldn't try to be so subtle.

Don't worry Nikki;


Prof doesn't know because he obviously has not ordered up the twenty-page document from the secretary of state. It is simple enough to understand as it follows traditional billing process. I should change my handle to Prof's Prof and then I could sound even smarter than him around here.



Regards,

David Merrill.

[Prof]

Nikki, does the edit above help?

You really shouldn't try to be so subtle.

Don't worry Nikki;


Prof doesn't know because he obviously has not ordered up the twenty-page document from the secretary of state. It is simple enough to understand as it follows traditional billing process. I should change my handle to Prof's Prof and then I could sound even smarter than him around here.



Regards,

David Merrill.

Now I will reply. PFUI.

[David Merrill]

Yep... Thought so.


For all your education you don't think to actually read the notice of lien before declaring it 'naked', do you?



Regards,

David Merrill.