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excited

Hillbilly
Had a State IRS bill did the $20 postal money order and CR(tm) sent it off all they did was take the 20 dollars of the bill and sent me another bill minus the $20. Then they garnished my wife's paycheck(not cool got yelled at LOL). Thing is I have surrendered my BC haven't done the wife's yet and they didn't garnish my bank account and they sent me back the $20 that I had sent them on the original CR(tm) letter I did as a refund and there is still an out standing balance of tax due. No victory but at least IMO i'm on the right path I believe they were just covering there butt by sending the money back so they can continue with there admin of our accounts. I am still doing something wrong no matter I'll just keep building faith and marching on!!!!  
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Re: excited

iamsomedude
Administrator


For IRS, you can submit a 3-page petition (IRS Petition Kit) but do not submit the $60 filing fee. In a few weeks, you should get a call from the Clerk asking permission to dismiss for lack of jurisdiction; That's what you want. A few weeks later, you should receive an order from the court stating the IRS has no jurisdiction. Afterwards, you should get letters from the IRS stating that liens and levies have been removed, etc ...

Now, can you think about how to use that order? Think you would have LEVERAGE at that point?
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: excited

liberated
In reply to this post by Hillbilly
It was my comprehension from other posts that once the Postal money order, cr process is sent and then tender is refused/returned that warrants the debt/obligation discharged.
It appears, while not be set in stone, that one is not obligated to accept a novation. That said however, once the instrument has been acknowledged and "credited" to such account that is evidence that such "tender" was accepted which also means the novation was accepted. This I know first hand from a phone system account I had over 30 years ago. Would seem a follow up is in order as to a breach of contract since the money order was accepted and no doubt deposited if they sent a refund.

To further add to the power of novation, a couple years ago a neighbor, going through a divorce, had an attorney sending her a bill for $40,000 to which she was in a panic. I suggested she send the attorney $50 per month along with a copy of the "bill" with writing on it "sending $50 per month as tender with this accepted agreement". She hasn't heard a word since.
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Re: excited

iamsomedude
Administrator


This is part of the CR(tm). The only thing is now one has a order from the court of competent jurisdiction telling the IRS that there is no jurisdiction. Thus the Tax Court is the CR(tm) for the IRS. Then you use the order do to recovery and stuff like that for now you have LEVERAGE.
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: excited

Hillbilly
In reply to this post by Hillbilly
Just a little update on my progress last Friday I sent some more information to the state irs on my surrendered interest. Then Wednesday this week my wife calls me and asks me what I had done because she got a check from her employer for the amount of garnishment they had taken out the previous pay period also told her that the garnishment scheduled for this pay period had been canceled all they told her was it had been payed. At this point not sure if the CR(tm) that I did on the original bill finally got to someone that knows whats going on or if the paper work that i submitted Friday was the turning point. Gonna go back now and look at the paper work I submitted and see if there's anything that stands out to me. Anyway heading in the right direction. Boris again I would like to thank you for all the time you have spent on this sharing your journey.
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Re: excited

iamsomedude
Administrator

congratulations.


hopefully now, the wife will start seeing the path you walking and begin walking it with you; equally yoked.
~ Boris

We are called to be architects of the future, not its victims;
Resistance is futile.

If you think you can, you are correct.
If you think you can't, you are correct.
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Re: excited

Rschallmo
 That's awesome.  I want to learn how to apply this to my foreclosure case. Not sure how to question jurisdiction. Also ,should I use the CR process or just put it on the letterhead?
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Re: excited

liberated
This is some info on jurisdiction, specifically territorial jurisdiction... from People v. Thomas. 997 N.Y.S.2d 53
71 [1992]). This territorial principle, which has its origins in early English common law (id. at 470), is codified in CPL 20.20, which sets forth various factual predicates for finding jurisdiction. Territorial jurisdiction "may never be waived" and must be established beyond a reasonable doubt (id. at 470-471). Venue, on the other hand, is a concept distinct from territorial jurisdiction, and addresses a defendant's right to be tried in the county where the crime was committed (see CPL 20.40). Because it relates only to the proper place of trial, and not to the power of the court to hear and determine the case, venue is waivable and need only be proved by a preponderance of the evidence (McLaughlin, 80 NY2d at 471-472).

as one can see territorial jurisdiction (TJ) IS NOT venue so to challenge venue is a no no. Keep in mind that most if not all court rules or procedures NEVER provide the option of challenging TJ. Also take note and be WARNED, proper challenge of territorial jurisdiction MUST be made against the CHARGING PARTY/PLAINTIFF, NOT the court nor the plaintiff's attorney if they have one. A court ONLY gets it authority to move initially by the Plaintiff HOWEVER if the Plaintiff does not have TJ the court is powerless. The court always has tj based on their location so challenging the court is a no no. Again if Plaintiff doesn't have TJ it can't move the court. In your foreclosure case look up the definition of "State" or "in this state" and you will no doubt find that the definition means "United States or District of Columbia" which one can conclude then that the Bank/Plaintiff does not have TJ since, (A) your "land" is not situated in District of Columbia (State of whatever).  Keep in mind that this type of challenge is different then other jurisdiction challenges and not used when utilizing the CR(tm) process. The CR(tm) process eliminates a controversy thus negates any claim since there is no controversy and the jurisdictional challenge would be lack of subject matter as there exists no controversy. One should be prepared that the court may deny such challenge in order to play out their game to "determine" if there really is or is not a controversy and/or to test you.

I was also reading in another case when a party, as Plaintiff brought an action against, I believe it was a public officer, the court dismissed the action and their reason was the Plaintiff did not provide the public officer a notice of intent to sue.  Good insight if anyone is/was planning an action against a public officer to make sure you provide notice of intent to sue. This does not mean that is what we desire to do for we should be peacemakers although if one public officer chooses to ignore what the CR(tm) process actually does said Notice may be the wake up call to them to make the shit go away.

If one wants to see how a challenge of TJ gets a conviction reversed one can look to https://www.courtlistener.com/opinion/1537298/west-v-state/  Guy was convicted by State of Maryland for raping a woman that he and a friend picked up in Maryland but the alleged rape took place in District of Columbia.
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Re: excited

Rschallmo
Thanks for the information to get started. I have some questions that I'm a little fuzzy on.

1. What did you do to surrender your BC?  I have mine authenticate it but I haven't done nothing with it yet .

2. Since I don't have enough time to do the CR TM process I will challenge jurisdiction. How should I word it?  Plaintiff does not have TJ since my land is not located in  District of Columbia ( State of Massachusetts ).... or " One has read the complaint but does not understand this babble.?
Objection in point of law; A defensive pleading  by which the defendant admits the facts alleged by the plaintiff but objects that they do not make out a legal claim. Subrogation

I will send this back to the  Commonwealth of Massachusetts land court department of the trial court in response to their " ORDER OF NOTICE " which they are claiming to have an interest in a mortgage and now held by plaintiff by assignment.

The plaintiff is " Wilmington savings fund society, FSB,d/b/a Christiana trust, not individually but as trustee for Pretium Mortgage Acquisition Trust".

Bob
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Re: excited

Rschallmo
In reply to this post by iamsomedude
 I would like to fill out the IRS petition kit since the IRS is sending me presentments.  On the petition on number 4 it says select one of the following, small tax case or regular tax case. Which one do you use?

5. Explain why you disagree with the IRS determination in this case? 6.  State the facts upon which you rely?
What would the response be?


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Re: excited

liberated
In reply to this post by Rschallmo
Why do you not have time to do the CR(tm) process? Once the money order is sent you have evidence of a tender, eliminating controversy thus no reason for a court. Of course the minions etal will probably say the amount is insufficient so you best have a reply. Or they will say their proof of claim is the mortgage/note you signed so you best have a response.

as for any challenge to TJ you MUST challenge the original plaintiff as well as any current. Challenge is sent directly to plaintiff not attorney although you can provide the court a copy for notice. If you have the definition of State or this state or in this state from the Massachusetts statute which means District of Columbia that will strengthen your position. There is a group that their only focus is tj so if you go that route instead of what is discussed on this forum you best check it out http://www.purgedfromthematrix.com/ as your challenge requires a memorandum. The memorandum puts it all together and clearly demonstrates to anyone reading it they're toast.  Whatever you decide, choose the process, own it and stay on point.
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Re: excited

liberated
In reply to this post by Rschallmo
If you clicked the link that B provided the answers/response to those items is already shown on the example.
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Re: excited

Rschallmo
In reply to this post by liberated


Sent from my iPhone

On Nov 27, 2017, at 7:25 PM, liberated [via UNDERGROUND CANTINA] <[hidden email]> wrote:

Why do you not have time to do the CR(tm) process?
I suppose I can do it
 Once the money order is sent you have evidence of a tender, eliminating controversy thus no reason for a court.
Who do I make/ send the $1.00 pmo to, the trustee who is making the claim? 
Of course the minions etal will probably say the amount is insufficient so you best have a reply. Or they will say their proof of claim is the mortgage/note you signed so you best have a response.
Do I really have to worry, the CR(TM) should take care of itself, right?

as for any challenge to TJ you MUST challenge the original plaintiff as well as any current.
Does that mean I would have to send it to five servicer who were also involved throughout the years?
Challenge is sent directly to plaintiff not attorney although you can provide the court a copy for notice.
Ok
If you have the definition of State or this state or in this state from the Massachusetts statute which means District of Columbia that will strengthen your position.
Ok
There is a group that their only focus is tj so if you go that route instead of what is discussed on this forum you best check it out http://www.purgedfromthematrix.com/ as your challenge requires a memorandum. The memorandum puts it all together and clearly demonstrates to anyone reading it they're toast.  Whatever you decide, choose the process, own it and stay on point.
Ok I will check it out

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Re: excited

Rschallmo
In reply to this post by liberated
I clicked on the link but it came up blank on the answer/ response. Not sure what I'm doing wrong 

Sent from my iPhone

On Nov 27, 2017, at 7:29 PM, liberated [via UNDERGROUND CANTINA] <[hidden email]> wrote:

If you clicked the link that B provided the answers/response to those items is already shown on the example.


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Re: excited

Rschallmo
In reply to this post by liberated
See below 

Sent from my iPhone

On Nov 27, 2017, at 7:25 PM, liberated [via UNDERGROUND CANTINA] <[hidden email]> wrote:

Why do you not have time to do the CR(tm) process?
You're right, I have time just need clarification on top heading. After registered mail# RB xxx xxx xxx US, what is RB? Send this to trustee of mortgage who is on the order and send a copy to the land court? Not sure about attorney 
Once the money order is sent you have evidence of a tender, eliminating controversy thus no reason for a court.
Ok
Of course the minions etal will probably say the amount is insufficient so you best have a reply.
I gave them lawful substance 
Or they will say their proof of claim is the mortgage/note you signed so you best have a response.
??? Where did they have jurisdiction?

as for any challenge to TJ you MUST challenge the original plaintiff as well as any current.
There have been 7 different servicers on this mortgage. Do they all get challenged?
Challenge is sent directly to plaintiff not attorney although you can provide the court a copy for notice.
Ok
If you have the definition of State or this state or in this state from the Massachusetts statute which means District of Columbia that will strengthen your position.
I will look this up
There is a group that their only focus is tj so if you go that route instead of what is discussed on this forum you best check it out http://www.purgedfromthematrix.com/ as your challenge requires a memorandum.
Is this on CR( TM)? Memorandum 
The memorandum puts it all together and clearly demonstrates to anyone reading it they're toast.  Whatever you decide, choose the process, own it and stay on point.
Ok thanks


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Re: excited

liberated
you dont challenge tj with CR(tm) process. they are two separate things. mixing processes.  undrstand each and follow your heart but own whatever you choose and why