TEXAS HAS JUST PASSED A LAW THAT WILL SHOW YOU HOW TO FILE CRIMINAL
Robert Hewett
consider the "Notice of Federal Tax Lien" which is unsupported by a judgment
from
a federal court.
Yes, the Texas Legislature directed by Attorney General Dan Morales, in
their attempt to immediately void common law liens, and liens by the
"Republic of Texas" against the State of Texas and various officials
have even provided within the code the court pleadings you need to void your
IRS "Notice of Federal Tax Lien"; and even bring FELONY CHARGES AGAINST THE
SERVICE AND THEIR AGENTS.
AND -- THERE IS NO FILING FEE! THE DEFENDANT CAN NOT APPEAR, AND THE
JUDGMENT OF THE COURT IS NOT SUBJECT TO APPEAL!
This new Texas law even defines your civil cause of action in State
court against an agent who fraudulently files a claim against you. Your
civil
filing fee is $15 for asserting a claim worth at least $10,000.
Here are the tools you need to get out from under the IRS, and GET THEM
EITHER IN JAIL, OR OUT OF TEXAS.
CONTENTS
I. THE ACT (CONTAINING THE COURT PLEADINGS YOU NEED) Page 1
II. THE CLAIM (FOR RELEASE OF ERRONEOUS NOTICE OF LIEN/LEVY)Page 2
III. NOTES Page 33
IV. THE FACTS: Filing of Form 1040 is now a violation of the Texas State
Penal Code and no longer required due to Invalid OMB Control Number Page 39
V. POSSIBLE SUBSTITUTE FOR 1040 Page 41
AN ACT
Relating to the fraudulent exercise of certain governmental functions
and
the fraudulent creation or use of certain pleadings, governmental
documents,
and records; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.21(e) and (f), Penal Code, are amended to read as
follows:
(e) An offense under this section is a felony of the third degree if the
writing is or purports to be:
(1) part of an issue of money, securities, postage or revenue stamps;
(2) a government record listed in Section 37.01(2)(C) [37.01(1)(C]; or
(3) other instruments issued by a state or national government or by a
subdivision of either, or part of an issue of stock, bonds, or other
instruments representing interests in or claims against another person.
(f) A person is presumed to intend to defraud or harm another if the
person acts with respect to two or more writings of the same type and if
each
writing is a government record listed in Section 37.01(2)(C)
[37.01(1)(C)].
SECTION 2. Section 32.46, Penal Code, is amended to read as follows:
Sec. 32.46. SECURING EXECUTION OF DOCUMENT BY DECEPTION.
(a) A person commits an offense if, with intent to defraud or harm any
person, he, by deception:
(1) [,] causes another to sign or execute any document affecting
property or service or the pecuniary interest of any person, or
(2) causes or induces a public servant to file or record any purported
judgment or other document purporting to memorialize or evidence an act,
an order, a directive, or process of:
(A) a purported court that is not expressly created or established under
the constitution or the laws of this state or of the United States;
(B) a purported judicial entity that is not expressly created or
established under the constitution or laws of this state or of the United
States; or
(C) a purported judicial officer of a purported court or purported
judicial entity described by Paragraph (A) or (B).
(b) An offense under Subsection (a)(1) [this section] is a:
(1) Class C misdemeanor if the value of the property, service, or
pecuniary interest is less than $20;
(2) Class B misdemeanor if the value of the property, service, or
pecuniary interest is $20 or more but less than $500;
(3) Class A misdemeanor if the value of the property, service, or
pecuniary interest is $500 or more but less than $1,500;
(4) state jail felony if the value of the property, service, or
pecuniary interest is $1,500 or more but less than $20,000;
(5) felony of the third degree if the value of the property, service, or
pecuniary interest is $20,000 or more but less than $100,000;
(6) felony of the second degree if the value of the property, service,
or pecuniary interest is $100,000 or more but less than $200,000; or
(7) felony of the first degree if the value of the property, service, or
pecuniary interest is $200,000 or more.
(c) An offense under Subsection (a)(2) is a state jail felony.
(d) In this section, "deception" has the meaning assigned by Section
31.01.
SECTION 3. Subchapter D, Chapter 32, Penal Code, is amended by adding
Section 32.48 to read as follows:
Sec. 32.48. SIMULATING LEGAL PROCESS. (a) A person commits an offense if
the person recklessly causes to be delivered to another any document that
simulates a summons, complaint, judgment, or other court process with
theintent to:
(1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the
document, in compliance with the document, or on the basis of the
document.
(b) Proof that the document was mailed to any person with the intent
that it be forwarded to the intended recipient is a sufficient showing that
the
document was delivered.
(c) It is not a defense to prosecution under this section that the
simulating document:
(1) states that it is not legal process; or
(2) purports to have been issued or authorized by a person or entity who
did not have lawful authority to issue or authorize the document.
(d) If it is shown on the trial of an offense under this section that
the simulating document was filed with, presented to, or delivered to a
clerk of a court or an employee of a clerk of a court created or established
under the constitution or laws of this state, there is a rebuttable
presumption that the document was delivered with the intent described by
Subsection
(a).
(e) Except as provided by Subsection (f), an offense under this section
is a Class A misdemeanor.
(f) If it is shown on the trial of an offense under this section that
the defendant has previously been convicted of a violation of this section,
the offense is a state jail felony.
SECTION 4. Subchapter D, Chapter 32, Penal Code, is amended by adding
Section 32.49 to read as follows:
Sec. 32.49. REFUSAL TO EXECUTE RELEASE OF FRAUDULENT LIEN OR CLAIM.
(a) a person commits an offense if, with intent to defraud or harm
another, the person:
(1) owns, holds, or is the beneficiary of a purported lien or claim
asserted against real or personal property or an interest in real or
personal
property that is fraudulent, as described by Section 51.901(c),
Government Code; and
(2) not later than the 21st day after the date of receipt of actual or
written notice sent by either certified or registered mail, return
receipt requested, to the person's last known address, or by telephonic
document
transfer to the recipient's current telecopier number, requesting the
execution of a release of the fraudulent lien or claim, refuses to
execute the release on the request of:
(A) the obligor or debtor; or
(B) any person who own any interest in the real or personal property
described in the document or instrument that is the basis for the lien
or claim.
(b) A person who fails to execute a release of the purported lien or
claim within the period prescribed by Subsection (a)(2) is presumed to have
had the intent to harm or defraud another.
(c) An offense under this section is a Class A misdemeanor.
SECTION 5. Section 37.01, Penal Code, is amended to read as follows:
Sec. 37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree, judgment, order, subpoena, warrant,
minutes, or other document issued by a court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of congress or a treaty or
other international convention to which the United States is a party;
(E) an Indian tribe recognized by the United States; or
(F) any other jurisdiction, territory, or protectorate entitled to full
faith and credit in this state under the United States Constitution.
(2) "Government record" means:
(A) anything belonging to, received by, or kept by government for
information, including a court record;
(B) anything required by law to be kept by others for information of
government; or
(C) a license, certificate, permit, seal, title, letter of patent, or
similar document issued by government.
(3) [(2)] "Statement" means any representation of fact.
SECTION 6. Section 37.10, Penal Code, is amended by amending Subsection
(d) and adding Subsection (h) to read as follows:
(d) An offense under this section is a felony of the third degree if it
is shown on the trial of the offense that the governmental record was a
license, certificate, permit, seal, title, letter of patent, or similar
document issued by government, unless the actor's intent is to defraud
or harm another, in which event the offense is a felony of the second
degree.
(h) If conduct that constitutes an offense under this section also
constitutes an offense under Section 32.48 or 37.13, the actor may be
prosecuted under any of those sections.
SECTION 7. Section 37.11, Penal Code, is amended to read as follows:
Sec. 37.11. IMPERSONATING PUBLIC SERVANT.
(a) A person commits an offense if he:
(1) impersonates a public servant with intent to induce another to
submit to his pretended official authority or to rely on his pretended
official
acts; or
(2) knowingly purports to exercise any function of a public servant or
of a public office, including that of a judge and court, and the position or
office through which he purports to exercise a function of a public
servantor public office has no lawful existence under the constitution or
laws
of this state or of the United States.
(b) An offense under this section is [a Class A misdemeanor unless the
person impersonated a peace officer, in which event it is] a felony of
the third degree.
SECTION 8. Chapter 37, Penal Code, is amended by adding Section 37.13 to
read as follows:
Sec. 37.13. RECORD OF A FRAUDULENT COURT.
(a) A person commits an offense if the person makes, presents, or uses
any document or other record with:
(1) knowledge that the document or other record is not a record of a
court created under or established by the constitution or laws of this state
or of the United States; and
(2) the intent that the document or other record be given the same legal
effect as a record of a court created under or established by the
constitution or laws of this states or of the United States.
(b) An offense under this section is a Class A misdemeanor, except that
the offense is a felony of the third degree if it is shown on the trial of
the offense that the defendant has previously been convicted under this
section on two or more occasions.
(c) If conduct that constitutes an offense under this section also
constitutes an offense under Section 32.48 or 37.10, the actor may be
prosecuted under any of those sections.
SECTION 9. Section 71.02(a), Penal Code, is amended to read as follows:
(a) A person commits an offense if, with the intent to establish,
maintain, or participate in a combination or in the profits of a combination
or as
a member of a criminal street gang, he commits or conspires to commit one
or more of the following:
(1) murder, capital murder, arson, aggravated robbery, robbery,
burglary, theft, aggravated kidnapping, kidnapping, aggravated assault,
aggravated
sexual assault, sexual assault, forgery, deadly conduct, assault
publishable as a Class A misdemeanor, burglary of a motor vehicle, or
unauthorized
use of a motor vehicle;
(2) any gambling offense punishable as a Class A misdemeanor;
(3) promotion of prostitution, aggravated promotion of prostitution, or
compelling prostitution;
(4) unlawful manufacture, transportation, repair, or sale of firearms or
prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or distribution of a
controlled substance or dangerous drug through forgery, fraud,
misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of any obscene
material or obscene device with the intent to wholesale promote the same;
(7) any unlawful employment, authorization, or inducing of a child
younger than 17 years of age in an obscene sexual performance;
(8) any felony offense under Chapter 32, Penal Code;
(9) any offense under Chapter 36, Penal Code; [or]
(10) any offense under Chapter 34, Penal Code; or
(11) any offense under Section 37.11(a), Penal Code.
SECTION 10. Chapter 37, Penal Code, is amended by adding Section 37.101
to read as follows:
Sec. 37.101. FRAUDULENT FILING OF FINANCING STATEMENT.
(a) A person commits an offense if the person knowingly presents for
filing or causes to be presented for filing a financing statement that the
person knows:
(1) is forged;
(2) contains a material false statement; or
(3) is groundless.
(b) An offense under Subsection (a)(1) is a felony of the third degree,
unless it is shown on the trial of the offense that the person had
previously been convicted under this section on two or more occasions,
in which event the offense is a felony of the second degree. An offense
under Subsection (a)(2) or (a)(3) is a Class A misdemeanor, unless the
person
commits the offense with the intent to defraud or harm another, in which
event the offense is a state jail felony.
SECTION 11. Chapter 1, Code of Criminal Procedure, is amended by adding
Article 1.052 to read as follows:
Art 1.052. SIGNED PLEADINGS OF DEFENDANT.
(a) A pleading, motion, and other paper filed for or on behalf of a
defendant represented by an attorney must be signed by at least one
attorney of record in the attorney's name and state the attorney's address.
A
defendant who is not represented by an attorney must sign any pleading,
motion, or other paper filed for or on the defendant's behalf and state
the defendant's address.
(b) The signature of an attorney or a defendant constitutes a
certificate by the attorney or defendant that the person has read the
pleading, motion,
or other paper and that to the best of the person's knowledge, information,
and belief formed after reasonable inquiry that the instrument is not
groundless and brought in bad faith or groundless and brought for
harassment,
unnecessary delay, or other improper purpose.
(c) If a pleading, motion, or other paper is not signed, the court shall
strike it unless it is signed promptly after the omission is called to
the attention of the attorney or defendant.
(d) An attorney or defendant who files a fictitious pleading in a cause
for an improper purpose described by Subsection (b) or who makes a statement
in a pleading that the attorney or defendant knows to be groundless and
false to obtain a delay of the trial of the cause or for the purpose of
harassment shall be held guilty of contempt.
(e) If a pleading, motion, or other paper is signed in violation of this
article, the court, on motion or on its own initiative, after notice and
hearing, shall impose an appropriate sanction, which may include an
order to pay to the other party or parties to the prosecution or to the
general
fund of the county in which the pleading, motion, or other paper was filed
the amount of reasonable expenses incurred because of the filing of the
pleading, motion, or other paper, including reasonable attorney's fees.
(f) A court shall presume that a pleading, motion, or other paper is
filed in good faith. Sanctions under this article may not be imposed except
for good cause stated in the sanction order.
(g) A plea of "not guilty" or "no contest" or "nolo contendere" does not
constitute a violation of this article. An allegation that an event took
place or occurred on or about a particular date does not constitute a
violation of this article.
(h) In this article, "groundless" means without basis in law or fact and
not warranted by a good faith argument for the extension, modification, or
reversal of existing law.
SECTION 12. Chapter 13, Code of Criminal Procedure, is amended by adding
Article 13.26 to read as follows:
Art. 13.26. SIMULATING LEGAL PROCESS. An offense under Section 32.46,
32.48, 32.49, or 37.13, Penal Code, may be prosecuted either in the county
from
which any material document was sent or in the county in which it was
delivered.
SECTION 13. Section 51.605(c), Government Code, is amended to read as
follows:
(c) A clerk must successfully complete 20 hours of continuing education
courses in the performance of the duties of office at least one time in
each 24-month period. The 20 hours of required continuing education courses
must include at least one hour of continuing education regarding fraudulent
court documents and fraudulent document filings.
SECTION 14. Chapter 51, Government Code, is amended by adding Subchapter
J to read as follows:
SUBCHAPTER J. CERTAIN FRAUDULENT RECORDS OR DOCUMENTS
Sec. 51.901. FRAUDULENT DOCUMENT OR INSTRUMENT.
(a) If a clerk or the supreme court, clerk of the court of criminal
appels, clerk of a court of appeals, district clerk, county clerk, district
and
county clerk, or municipal clerk has a reasonable basis to believe in
good faith that a document or instrument previously filed or recorded or
offered or submitted for filing or for filing and recording is fraudulent,
the
clerk shall:
(1) if the document is a purported judgment or other document purporting
to memorialize or evidence an act, an order, a directive, or process of a
purported court, provide written notice of the filing, recording, or
submission for filing or for filing and recording to the stated or last
known address of the person against whom the purported judgment, act,
order, directive, or process is rendered; or
(2) if the document or instrument purports to create a lien or assert a
claim on real or personal property or an interest in real or personal
property, provide written notice of the filing, recording, or submission
for filing or for filing and recording to the stated or last known address
of the person named in the document or instrument as the obligor or debtor
and to any person named as owning any interest in the real or personal
property described in the document or instrument.
(b) A clerk shall provide written notice under Subsection (a):
(1) not later than the second business day after the date that the
document or instrument is offered or submitted for filing or for filing and
recording; or
(2) if the document or instrument has been previously filed or recorded,
not later than the second business day after the date that the clerk becomes
aware that the document or instrument may be fraudulent.
(c) For purposes of this section, a document or instrument is presumed
to be fraudulent if:
(1) the document is a purported judgment or other document purporting to
memorialize or evidence an act, an order, a directive, or process of:
(A) a purported court or a purported judicial entity not expressly
created or established under the constitution or the laws of this state or
of
the United States; or
(B) a purported judicial officer of a purported court or purported
judicial entity described by Paragraph (A); or
(2) the document or instrument purports to create a lien or assert a
claim against real or personal property or an interest in real or personal
property and;
(A) is not a document or instrument provided for by the constitution or
laws of this state or of the United States;
(B) is not created by implied or express consent or agreement of the
obligor, debtor, or the owner of the real or personal property or an
interest in the real or prsonal property, if required under the laws of
this state, or by implied or express consent or agreement of an agent,
fiduciary, or other representative of that person; or
(C) is not an equitable, constructive, or other lien imposed by a court
with jurisdiction created or established under the constitution or laws of
this state or of the United States.
Sec. 51.902. ACTION ON FRAUDULENT JUDGMENT LIEN.
(a) A person against whom a purported judgment was rendered who has
reason to believe that a document previously filed or recorded or submitted
for
filing or for filing and recording is fraudulent may complete and file
with the district clerk a motion, verified by affidavit by a completed forrm
for ordinary certificate of acknowledgment, of the same type described by
Section 121.007, Civil Practice and Remedies Code, that contains, at a
minimum, the information in the following suggested form:
MISC. DOCKET NO.______
In Re: A Purported Judgment § In the ____ Judicial District
Lien Against (Name of §
Purported Debtor) § In and For __________________
§
§ County, Texas
MOTION FOR JUDICIAL REVIEW OF A DOCUMENTATION PURPORTING TO CREATE A
JUDGMENT LIEN
Now Comes (name) and files this motion requesting a judicial
determination of the status of a court, judicial entity, or judicial officer
purporting to have taken an action that is the basis of a judgment lien
filed in the
office of said clerk, and in support of the motion would show the court
as follows:
I.
(Name), movant herein, is the person against whom the purported judgment
was rendered.
II.
On (date), in the exercise of the county clerk's official duties as
County Clerk of (county name) County, Texas, the county clerk received and
filed or filed and recorded the documentation attached hereto and containing
(number) pages. Said documentation purports to have been rendered on the
basis of
a judgment, act, order, directive, or process of a court, judicial entity,
or judicial officer called therein "(name of purported court, judicial
entity, or judicial officer)" against one (name of purported debtor).
III.
Movant alleges that the purported court, judicial entity, or judicial
officer referred to in the attached documentation is one described in
Section 51.901(c)(1), Government Code, as not legally created or
established under the constitution or laws of this state or of the United
States,
and that the documentation should therefore not be accorded lien status.
IV.
Movant further attests that the assertions contained herein are true and
correct.
PRAYER
Movant requests the court to review the attached documentation and enter
an order determining whether it should be accorded lien status, together
with such other orders as the court deems appropriate.
Respectfully submitted,
_____________________________
(Signature and typed name and
address)
(b) The completed form for ordinary certificate of Acknowledgment, of
the same type described by Section 121.007, Civil Practice and Remedies
Code, must be as follows:
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, personally appeared
_______________,
who, being by me duly sworn, deposed as follows:
"My name is __________________. I am over 21 years of age, of sound
mind, with personal knowledge of the following facts, and fully competent to
testify.
I further attest that the assertions contained in the accompanying
motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before me, this _____ day of _____________,
____.
______________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
________________________
My commission expires:
________________________
(c) A motion filed under this section may be ruled on by a district
judge having jurisdiction over real property matters in the county where the
subject documentation was filed. The court's finding may be made solely
on a review of the documentation attached to the movant's motion and without
hearing any testimonial evidence. The court's review may be made ex
parte without delay or notice of any kind. The court's ruling on the motion,
in the nature of a finding of fact and a conclusion of law, is unappealable
if it is substantially similar to the form suggested in Subsection (g).
(d) The district clerk may not collect a filing fee for filing a motion
under this section.
(e) After reviewing the documentation attached to a motion under this
section, the district judge shall enter an appropriate finding of fact
and conclusion of law, which must be filed and indexed in the same class of
records in which the subject documentation or instrument was originally
filed.
(f) The county clerk may not collect a filing fee for filing a district
judge's finding of fact and conclusion of law under this section.
(g) A suggested form order appropriate to comply with this section is as
follows:
MISC. DOCKET NO.______
In Re: A Purported Judgment § In the ____ Judicial District
Lien Against (Name of §
Purported Debtor) § In and For __________________
§
§ County, Texas
JUDICIAL FINDING OF FACT AND CONCLUSION OF LAW
REGARDING A DOCUMENTATION PURPORTING TO CREATE A JUDGMENT LIEN
On the (number) day of (month), (year), in the above entitled and
numbered cause, this court reviewed a motion verified by affidavit of (name)
and
the documentation attached thereto. No testimony was taken from any party,
nor was there any notice of the court's review, the court having made the
determination that a decision could be made solely on review of the
documentation under the authority vested in the court under Subchapter
J, Chapter 51, Government Code.
The court finds as follows (only an item checked and initialed is a
valid court ruling):
_____ The documentation attached to the motion herein refers to a
legally constituted court, judicial entity, or judicial officer created by
or
established under the constitution or laws of this state or of the
United States. This judicial finding and conclusion of law does not
constitute
a finding as to any underlying claims of the parties.
_____ The documentation attached to the motion herein DOES NOT refer to
a legally constituted court, judicial entity, or judicial officer created
by or established under the constitution or laws of this state or of the
United States. There is no valid judgment lien created by the documentation.
This court makes no finding as to any underlying claims of the parties
involved and expressly limits its finding of fact and conclusion of law
to a ministerial act. The county clerk shall file this finding of fact and
conclusion of law in the same class of records as the subject
documentation was originally filed, and the court directs the county clerk
to index it
using the same names that were used in indexing the subject document.
SIGNED ON THIS THE ____ DAY OF _______________, _____.
_______________________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
____________ COUNTY, TEXAS
Sec. 51.903. ACTION ON FRAUDULENT LIEN ON PROPERTY.
(a) A person who is the purported debtor or obligor or who owns real or
personal property or an interest in real or prsonal property and who has
reason to believe that the document purporting to create a lien or a
claim against the real or personal property of an interest in the real or
personal property previously filed or submitted for filing and recording is
fraudulent may complete and file with the district clerk a motion,
verified by affidavit by a completed form for ordinary certificate of
acknowledgment, of the same type described by Section 121.007, Civil
Practice and
Remedies Code, that contains, at a minimum, the information int he following
suggested form:
MISC. DOCKET NO.______
In Re: A Purported Judgment § In the ____ Judicial District
Lien Against (Name of §
Purported Debtor) § In and For __________________
§
§ County, Texas
MOTION FOR JUDICIAL REVIEW OF A DOCUMENTATION OR INSTRUMENT PURPORTING
TO CREATE A LIEN OR CLAIM
Now Comes (name) and files this motion requesting a judicial
determination of the status documentation or an instrument purporting to
create an
interest in real or personal property or a lien or claim on real or
personal property or an interest in real or personal property filed in the
office
of the Clerk of (county name) County, Texas, and in support of the motion
would show the court as follows:
I.
(Name), movant herein, is the purported obligor or debtor or person who
owns the real or personal property or the interest in real or personal
property described in the documentation or instrument.
II.
On (date), in the exercise of the county clerk's official duties as
County Clerk of (county name) County, Texas, the county clerk received and
filed or filed and recorded the documentation or instrument attached hereto
and
containing (number) pages. Said documentation or instrument purports to
have created a lien on real or personal property or an interest in real or
personal property against one (name of purported debtor).
III.
Movant alleges that the documentation or instrument attached hereto is
fraudulent, as defined by Section 51.901(c)(2), Government Code, and
that the documentation or instrument should therefore not be accorded lien
status.
IV.
Movant attests that the assertions herein are true and correct.
PRAYER
Movant requests the court to review the attached documentation or
instrument
and enter an order determining whether it should be accorded lien
status,
together with such other orders as the court deems appropriate.
Respectfully submitted,
_____________________________
(Signature and typed name and address)
(b) The completed form for ordinary certificate of acknowledgment, of
the same type described by Section 121.007, Civil practice and Remedies
Code, must be as follows:
AFFIDAVIT
THE STATE OF TEXAS §
COUNTY OF ____________ §
BEFORE ME, the undersigned authority, personally appeared
_______________,
who, being by me duly sworn, deposed as follows:
"My name is __________________. I am over 21 years of age, of sound
mind, with personal knowledge of the following facts, and fully competent to
testify.
I further attest that the assertions contained in the accompanying
motion are true and correct."
Further affiant sayeth not.
____________________________
SUBSCRIBED and SWORN TO before me, this _____ day of _____________,
____.
______________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
________________________
My commission expires:
________________________
(c) A motion filed under this section may be ruled on by a district
judge having jurisdiction over real property matters in the county where the
subject documentation was filed. The court's finding may be made solely
on a review of the documentation attached to the movant's motion and without
hearing any testimonial evidence. The court's review may be made ex
parte without delay or notice of any kind. An appellate court shall expedite
review of a court's finding under this section.
(d) The district clerk may not collect a filing fee for filing a motion
under this section.
(e) After reviewing the documentation attached to a motion under this
section, the district judge shall enter an appropriate finding of fact
and conclusion of law, which must be filed and indexed in the same class of
records in which the subject documentation or instrument was originally
filed. A copy of the finding of fact and conclusion of law shall be
sent, by first class mail, to the movant and to the prson who filed the
fraudulent lien or claim at the last known address of each person within
seven days
of the date that the finding of fact and conclusion of law is issued by the
judge.
(f) The county clerk may not collect a filing fee for filing a district
judge's finding of fact and conclusion of law under this section.
(g) A suggested form order appropriate to comply with this section is as
follows:
MISC. DOCKET NO.______
In Re: A Purported Judgment § In the ____ Judicial District
Lien Against (Name of §
Purported Debtor) § In and For __________________
§
§ County, Texas
JUDICIAL FINDING OF FACT AND CONCLUSION OF LAW REGARDING A
DOCUMENTATION OR INSTRUMENT PURPORTING TO CREATE A LIEN OR CLAIM
On the (number) day of (month), (year), in the above entitled and
numbered cause, this court reviewed a motion verified by affidavit of (name)
and
the documentation attached thereto. No testimony was taken from any party,
nor was there any notice of the court's review, the court having made the
determination that a decision could be made solely on review of the
documentation under the authority vested in the court under Subchapter
J, Chapter 51, Government Code.
The court finds as follows (only an item checked and initialed is a
valid court ruling):
_____ The documentation or instrument attached to the motion herein IS
asserted against real or personal property or an interest in real or
personal property and:
(1) IS provided for by specific state or federal statutes or
constitutional provisions, to which ruling movant objects;
(2) IS created by implied or express consent or agreement of the
obligor, debtor, or the owner of the real or personal property or an
interest in
the real or personal property, if required under the laws of this state, or
by consent of an agent, fiduciary, or other representative of that person,
towhich ruling movant objects; or
(3) IS an equitable, constructive, or other lien imposed by a court of
competent jurisdiction created or established under the constitution or
laws of this state or of the United States, to which ruling movant objects.
_____ The documentation or instrument attached to the motion herein:
(1) IS NOT provided for by specific state or federal statutes or
constitutional provisions;
(2) IS NOT created by implied or express consent or agreement of the
obligor, debtor, or the owner of the real or personal property or an
interest in the real or prsonal property, if required under the law of
this state or by implied or express consent or agreement of an agent,
fiduciary, or other representative of that person;
(3) IS NOT an equitable, constructive, or other lien imposed by a court
of competent jurisdiction created by or established under the constitution
or laws of this state or the United States; or
(4) IS NOT asserted against real or personal property or an interest in
real or personal property. There is no valid lien or claim created by this
documentation or instrument.
This court makes no finding as to any underlying claims of the parties
involved and expressly limits its finding of fact and conclusion of law
to the review of a ministerial act. The county clerk shall file this
finding of fact and conclusion of law in the same class of records as the
subject
documentation was originally filed, and the court directs the county
clerk to index it using the same names that were used in indexing the
subject
document.
SIGNED ON THIS THE ____ DAY OF _______________, _____.
_______________________________________
DISTRICT JUDGE
________ JUDICIAL DISTRICT
____________ COUNTY, TEXAS
Sec. 51.904. WARNING SIGN. A clerk described by Section 51.901(a) shall
post a sign, in letters at least one inch in height, that is clearly visible
to the general public in or near the clerk's office stating that it is a
crime to intentionally or knowingly file a fraudulent court record or a
fraudulent instrument with the clerk.
Sec. 51.905. DOCUMENTS FILED WITH SECRETARY OF STATE.
(a) If the lien or other claim that is the subject of a judicial finding
of fact and conclusion of law authorized by this subchapter is one that is
authorized by law to be filed with the secretary of state, any person
may file a certified copy of the judicial finding of fact and conclusion of
law in the records of the secretary of state, who shall file the certified
copy of the finding in the same class of records as the subject document or
instrument was originally filed and index it using the same names that
were used in indexing the subject document or instrument.
(b) The secretary of state may charge a filing fee of $15 for filing a
certified copy of a judicial finding of fact and conclusion of law under
this section.
SECTION 15. Section 12.013, Property Code, is amended to read as
follows:
Sec. 12.013. JUDGMENT. A judgment or an abstract of a judgment of a
court [in this state] may be recorded if:
(1) the judgment is of a court:
(A) expressly created or established under the constitution or laws of
this state or of the United States;
(B) that is a court of a foreign country and that is recognized by an
Act of congress or a treaty or other international convention to which the
United States is a party; or
(C) of any other jurisdiction, territory, or protectorate entitled to
full faith and credit in this state under the Constitution of the United
States; and
(2) the judgment is attested under the signature and seal of the clerk
of the court that rendered the judgment.
SECTION 16. Subtitle A, Title 2, Civil Practice and Remedies Code, is
amended by adding Chapter 11 to read as follows:
CHAPTER 11. LIABILITY RELATED TO A FRAUDULENT COURT RECORD OR A
FRAUDULENT LIEN OR CLAIM FILED AGAINST REAL OR PERSONAL PROPERTY
Sec. 11.001. DEFINITIONS. In this chapter;
(1) "Court record" has the meaning assigned by Section 37.01, Penal
Code.
(2) "Exemplary damages" has the meaning assigned by Section
41.001.
(3) "Lien" means a claim in property for the payment of a debt
and includes a security interest.
(4) "Public servant" has the meaning assigned by Section 1.07,
Penal Code, and includes officers and employees of the United
States.
Sec. 11.002. LIABILITY. (a) A person may not make, present, or use a
document or other record with:
(1) knowledge that the document or other record is a
fraudulent court record or a fraudulent lien or claim against real
or
personal property or an interest in real or personal property;
(2) intent that the document or other record be given the same
legal effect as a court record or document of a court created
by or established under the constitution or laws of this state or
the United States or another entity listed in Section 37.01, Penal
Code, evidencing a valid lien or claim against real or
personal property or an interest in real or personal property; and
(3) intent to cause another person to suffer:
(A) physical injury;
(B) financial injury; or
(C) mental anguish or emotional distress.
(b) A person who violates Subsection (a) is liable to each injured
person
for:
(1) the greater of:
(A) $10,000; or
B) the actual damages caused by the violation;
(2) court costs;
(3) reasonable attorney's fees; and
(4) exemplary damages in an amount determined by the court.
Sec. 11.003. CAUSE OF ACTION.
(a) The following persons may bring an action to enjoin violation of
this chapter or to recover damages under this chapter:
(1) the attorney general;
(2) a district attorney;
(3) a criminal district attorney;
(4) a county attorney with felony responsibilities;
(5) a county attorney;
(6) a municipal attorney;
(7) in the case of a fraudulent judgment lien, the person against whom
the Judgment is rendered; and
(8) in the case of a fraudulent lien or claim against real or personal
property or an interest in real or personal property, the obligor or
debtor, or a person who owns an interest in the real or personal property.
(b) Notwithstanding any other law, a person or a person licensed or
regulated by Chapter 9, Insurance Code (the Texas Title Insurance Act),
does not have a duty to disclose a fraudulent, as described by Section
51.901(c),Government Code, court record, document, or instrument purporting
to
create a lien or purporting to assert a claim on real property or an
interest
in real property in connection with a sale, conveyance, mortgage, or other
transfer of the real property or interest in real property.
(c) Notwithstanding any other law, a purported judgment lien or document
establishing or purporting to establish a judgment lien against property
in this state, that is issued or purportedly issued by a court or a
purported
court other than a court established under the laws of this state or the
United States,
is void and has no effect in the determination of any title or right to the
property.
Sec. 11.004. VENUE. An action under this chapter may be brought in any
district court in the county in which the recorded document is recorded
or in which the real property is located.
Sec. 11.005. FILING FEES.
(a) The fee for filing an action under this chapter is $15.
The plaintiff must pay the fee to the clerk of the court in which
the action is filed. Except as provided by Subsection (b), the
plaintiff may not be assessed any other fee, cost, charge, or
expense by the clerk of the court orother public official in
connection with the action.
(b) The fee for service of notice of an action under this section
charged to the plaintiff may not exceed:
(1) $20 if the notice is delivered in person; or
(2) the cost of postage if the service is by registered or certified
mail.
(c) A plaintiff who is unable to pay the filing fee and fee for service
of
notice may file with the court an affidavit of inability to pay under
the
Texas Rules of Civil Procedure.
(d) If the fee imposed under Subsection (a) is less than the filing fee
the court imposes for filing other similar actions and the plaintiff
prevails in the action, the court may order a defendant to pay to the court
the
differences between the fee paid under Subsection (a) and the filing fee
the court imposes for filing other similar actions.
Sec. 11.006. PLAINTIFF'S COSTS.
(a) The court shall award the plaintiff the costs of bringing the action
if:
(1) the plaintiff prevails; and
(2) the court finds that the defendant, at the time the defendant caused
the recorded document to be recorded or filed, knew or should have known
that the recorded document is fraudulent, as described by Section 51.901(c),
Government Code.
(b) For purposes of this section, the costs of bringing the action
include all court costs, attorney's fees, and related expenses of bringing
the
action, including investigative expenses.
Sec. 11.007. EFFECT ON OTHER LAW. This law is cumulative of other law
under which a person may obtain judicial relief with respect to a recorded
document or other record.
SECTION 17. Section 9.412(c), Business & Commerce Code, is repealed.
SECTION 18. An action for an order under Subchapter J, Chapter 51,
Government Code, as added by this Act, may be brought with respect to a
recorded document or instrument without regard to whether the document
or instrument was filed before, on, or after the effective date of this Act.
SECTION 19. A clerk must successfully complete one hour of continuing
education regarding fraudulent court documents and fraudulent document
filings required by Section 51.605(c), Government Code, as amended by
this Act, before September 1, 1998.
SECTION 20. The change in law made by Section 16 of this Act applies
only to a cause of action that accrues on or after the effective date of
this
Act. A cause of action that accrues beforethe effective date of this Act is
governed by the law in effect on the datethe cause of action accrues, and
that law is continued in effect for this purpose.
SECTION 21.
(a) The change in law made by this Act applies only to a criminal
offense committed on or after the effective date of this Act. For the
purposes
of this Act, a criminal offense is committed before the effective date of
this Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this Act is
covered by the law in effect when the criminal offense was committed, and
the
former law is continued in effect for this purpose.
SECTION 22.
The importance of this legislation and the crowded condition of
the calendars in both houses create an emergency and an imperative
public necessity that the constitutional rule requiring bills to be read on
three several days in each house be suspended, and this rule is hereby
suspended, and that this Act take effect and be in force from and after its
passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1185 was passed by the House on March
13, 1997, by the following vote: Yeas 142, Nays 0, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1185 on April 7, 1997, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1185 on May 8, 1997, by the following vote: Yeas 145,
Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1185 was passed by the Senate, with
amendments, on April 3, 1997, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1185 on May 10, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
agen...@my-deja.com
"Robert Hewett" <year...@dot.com> wrote:
> You don't have to believe us... just read the following LAW, and
> consider the "Notice of Federal Tax Lien" which is unsupported by a
judgment
> from
> a federal court.
Well, Bobby, you better read it again. Then tell us how a state law
supersedes a federal law. Then tell us how it applies to anything but
fraudulent liens (which a Federal Tax Lien isn't).
Sent via Deja.com http://www.deja.com/
Before you buy.
Robert Hewett
judge to sign a Federal Lien?
Explain how the IRS can simply levy and lien at will without this
requirement. If a judge hasn't signed that lien, it's fraudulent. And what
about the OMB number? Noticed you didn't say anything about that at all.
Why is the OMB number for a 1040 under foreign income in the cross
references? I REALLY want to know.
<agen...@my-deja.com> wrote in message news:8nmg1n$5qr$1...@nnrp1.deja.com...
> In article <2Pyn5.423$Py2....@reader1.interactive.net>,
> "Robert Hewett" <year...@dot.com> wrote:
> > You don't have to believe us... just read the following LAW, and
> > consider the "Notice of Federal Tax Lien" which is unsupported by a
> judgment
> > from
> > a federal court.
>
Mike Wellman CPA
I suggest you get back to the "grassy knoll" and leave state and federal law to
those that have IQ's above room temperature.
Mike Wellman, CPA
Visit the award winning website http://www.IRSOS.com
for free information dealing with IRS Notices, wage
garnishments, bank levies, payment agreements,
delinquent returns, examinations, seizures and
Offers in Compromise.
agen...@my-deja.com
"Robert Hewett" <year...@dot.com> wrote:
> Ok, tell me what judge signs a Federal Lien?
It isn't required for collection of taxes.
> Doesn't the law require a judge to sign a Federal Lien?
Not for the collection of taxes.
> Explain how the IRS can simply levy and lien at will without this
> requirement.
See 26 USC Chapter 64, subchapters C and D.
> If a judge hasn't signed that lien, it's fraudulent.
Not according to the law and the Courts.
> And what about the OMB number?
What about it?
> Noticed you didn't say anything about that at all.
Didn't know you had asked. I thought you were talking about liens.
> Why is the OMB number for a 1040 under foreign income in the cross
> references?
Because US citizens who earn foreign income have to file a 1040? But
then be more specific, please give a cite for your above statement.
> I REALLY want to know.
No you don't. You just want to make yourself look stupid. Otherwise
you wouldn't be making these stupid arguments.
no@nono.com Robert Hewett
<agen...@my-deja.com> wrote in message news:8npc82$6bv$1...@nnrp1.deja.com...
> In article <ctHn5.443$Py2....@reader1.interactive.net>,
> "Robert Hewett" <year...@dot.com> wrote:
>
> > Ok, tell me what judge signs a Federal Lien?
>
> It isn't required for collection of taxes.
>
> > Doesn't the law require a judge to sign a Federal Lien?
>
> Not for the collection of taxes.
>
> > Explain how the IRS can simply levy and lien at will without this
> > requirement.
>
> See 26 USC Chapter 64, subchapters C and D.
>
> > If a judge hasn't signed that lien, it's fraudulent.
>
> Not according to the law and the Courts.
>
> > And what about the OMB number?
>
> What about it?
>
> > Noticed you didn't say anything about that at all.
>
> Didn't know you had asked. I thought you were talking about liens.
>
> > Why is the OMB number for a 1040 under foreign income in the cross
> > references?
>
> Because US citizens who earn foreign income have to file a 1040?
Well, I have a letter from the IRS that says, "We didn't recieve your 1040
for tax year bla bla bla." Which I responded "Right. I didn't have any
foriegn income."
But
> then be more specific, please give a cite for your above statement.
>
> > I REALLY want to know.
>
> No you don't. You just want to make yourself look stupid. Otherwise
> you wouldn't be making these stupid arguments.
I see the personal attacks begin early in here. Someone piss in you guys
cornflakes this morning?
agen...@my-deja.com
"Robert Hewett" <no n...@nono.com> wrote:
<snip>
> > > Why is the OMB number for a 1040 under foreign income in the cross
> > > references?
> >
> > Because US citizens who earn foreign income have to file a 1040?
>
> Well, I have a letter from the IRS that says, "We didn't recieve your
1040
> for tax year bla bla bla." Which I responded "Right. I didn't have
any
> foriegn income."
And their response was? Oh, they haven't responded yet and you think
that you have some great victory? Since you haven't filed a return,
they have all the time in the world to come after you.
> But
> > then be more specific, please give a cite for your above statement.
> >
> > > I REALLY want to know.
> >
> > No you don't. You just want to make yourself look stupid.
Otherwise
> > you wouldn't be making these stupid arguments.
>
> I see the personal attacks begin early in here. Someone piss in you
guys
> cornflakes this morning?
Gee, Bobby, how quickly we forget, don't we? You've posted here before
and I've responded to you before. You aren't any smarter this time
around.