7
Nov

Thwarted by the Harris County Clerk

   Posted by: BobMcNeil   in IRS

Since Mr. Caris and Mr. Shieldes failed to respond to the Constructive Notice of Fraud that I mailed to them on October 24th, I prepared an Affidavit of Default and took it to the Harris County Clerk to be filed.

When I arrived, I sat down in front of one of the clerks, handed her the Affidavit, with the Constructive Notice of Fraud attached, and told her I wanted to file the documents in the public record.

She flipped through the papers, stopped, and said she needed to check with her supervisor. She left the room for about 10 minutes and returned with a man from the back office who proceeded to tell me that that he could not file the documents, as I had requested.

I told him that the Affidavit conformed to the requirements of the Texas statutes and asked him what the problem was. He replied You can’t just make something up. uh, bring in any type of document for filing.

When I pressed him further, he said that he wasn’t objecting to the form, but to the content of the documents, and that he was just following the law. I asked him what law he relied upon to make that determination and he presented me with a letter entitled Opinion JC-0156.

He told me that it wasn’t really a law, but a 1999 opinion issued by John Cornyn, Texas Attorney General, which said that the County Clerk can choose not to record certain documents.

Then he stated emphatically that he was not going to file my documents, and he was just doing as he was told.

Realizing that it was pointless to argue with him, I gathered my documents, along with the Attorney General’s letter, and left.

When I got home, I immediately went to work to further research JC-0156. As it turns out, the opinion was the result of a request by an attorney in San Antonio, Texas, related to the filing of a declaration of domestic partnership (same sex marriage). Since Texas doesn’t recognize same sex marriage, the County Clerk was not required to file the document, as per the Opinion.

Reading further, however, the Opinion referenced 1996 Opinion DM-389, issued by then Texas Attorney General, Dan Morales, dealing with purported judgments of common law courts by persons who alleged themselves to be the Republic of Texas. Those persons apparently filed a variety of home-made documents in an attempt to alter or abolish their legal and political relations with the State of Texas and the United States, or to impose purported legal obligations on third parties. Per DM-389, An instrument originating from a common law’ court is not one that is required or permitted by law to be recorded.

Further, JC-0156 referenced 1998 Opinion LO-98-016 which was issued at the request of John Vance, Dallas County District Attorney, who noticed an increase in the filing of unusual documents. Some of the documents cited were Refusal to Pay Property Taxes, Surrender of Social Security Card, Declaration of Person Being a Sovereign, Notice of Asserveration, etc.

JC-0156 also mentioned the requirements of the County Clerk, as set forth in 192.001 of the Local Government Code, and Chapter 51 Subchapter J of the Government Code.

I need to study those further, but, at first glance those sections appear to relate to procedures to remove fraudulent liens from the public record.

Hmmmm.. maybe those will come in handy in removing the Federal Tax Lien filed against me.

Stay tuned.

Click on the following links for information relevant to this blog:
077 RAM Affidavit of Default to IRS and DOJ
074 RAM Constructive Notice of Fraud to DOJ and IRS
078 192 001 Local Government Code
079 JC-0156 Filing of Documents
080 DM-389 Filing of Documents
081 LO-98-016 Filing of Documents
082 Chapter 51 Subchapter J Government Code

No direct un-apportioned tax confirmed by the U.S. Supreme Court rulings.

Knowledge is power. Educate yourselves.

This entry was posted on Wednesday, November 7th, 2007 at 3:14 am and is filed under IRS. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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