no proof of claim = no jurisdiction to exercise

Next Topic
 
classic Classic list List threaded Threaded
59 messages Options
123
Reply | Threaded
Open this post in threaded view
|

no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator
When the CR™ “process” is done, the one making claim will have no jurisdiction to grant (authority for action) for there is no controversy, thus any action brought before any court constitutes intentional breach of the peace and I do believe it is written that none can profit from their own wrong and without proof of claim there can exist no right, thus only wrong: one of the enemies of Peace, and the fact the matter is before the court to COMPEL performance seeks to transmute the court into the other enemy of Peace: force, and complete the court's journey toward the dark side …

I am led to believe that this constitutes "SIN" by the attorney for how does the action brought protect the court?

NOW, the matter before the court is simple JURISDICTION ... proof of claim would have solved it, but since proof of claim is lacking, how can any court possibly have jurisdiction if there is no controversy?

Who is the court to stand in the way of a contractual obligation, especially when that obligation is VITAL for the court to proceed?


~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

liberated
does proof of claim then mean when there is no controversy it is impossible to have a claim, or is proof of claim mean where is the peace been disrupted? I ask as proof of claim has been defined in a couple of different ways so I'm trying to get clear. When requesting or demanding proof of claim the respondent can or may produce..."here's the judgment we have in hand issued by the federal judge, so that's our proof".

According to the AG Opinion the military never has authority over a federal or United States Court so a violation of the peace issue would probably not rise so the only issue would be pay with what?

I'm getting ready to do the CR™ process with DOJ once I get the court order in hand and just getting clear in the event they come back with something, ie some proof of a claim although I get a novation suppose to supercede other agreements. Raises another question, doesn't the claimant/respondent have the right to reject a new/novation without being in dishonor or be accused of refusing a tender? Especially if a previous agreement specified a certain amount on installments? Like in mortgages, car loans etc. In my particular issue there was just a total amount created (600K+), no set installment. Merely left to collect by whatever means possible I suspect.
Thanks
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator
This post was updated on .

Do you comprehend what "Claim" means?

Claim is the right to compel performance

That is it. Nothing else, nothing more, nothing mystical.



Raises another question, doesn't the claimant/respondent have the right to reject a new/novation without being in dishonor or be accused of refusing a tender?

First, the AFV/RFV is consideration tendered for settlement and closure is not an offer, it is an ACCEPTANCE of such. The other side has already made its offer and you accepted, thus now you have a contract. Now, had you changed the TERMS of the contract, then you would be making a whole NEW offer. The RETURN consideration on THIS contract is PROOF OF CLAIM that the tender (AFV/RFV) was insufficient.

Second, the one dollar money order is offered upon ANY outstanding debt obligation and either A) proof of claim is forthcoming as return consideration OR B) the refusal / rejection of the MO is testimony that there exists no outstanding debt obligation for payment tendered and received then rejected means no debt to apply payment towards.

Together, both parts form the whole of the new contract and the ONLY return consideration is PROOF OF CLAIM and without that element, there is none. They can attempt to novate all they wish, but no one can novate proof of claim because that gives rise to the jurisdiction the court will operating and either there is a RIGHT or everything is WRONG; an enemy of peace.


~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

liberated
Thank You   that's the reason i asked the questions because i needed clarity on a couple things. my definition was different for claim....Legal demand or assertion by a claimant for compensation, payment, or reimbursement for a loss under a contract, or an injury due to negligence."

i'll go with the right to compel performance as the acceptance and subsequent mo negate any alleged controversy thus no right to compel performance.

thanks again
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Rasdiggy
In reply to this post by iamsomedude
Hey Boris thanks for the great inspiration you are giving to us. would this process  when applied correctly function for someone who has already been convicted and did fed prison, was deported to original place of birth, however is still on the hook for restitution?  Thanks for your information. will be listening tonight.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator

It should, because the lack of proof of a claim means there was ZERO jurisdiction in the first place, thus the matter and its effects should NEVER have been felt.

I would do the CR(tm) "process" on the one who issued orders or judgements and then take that to the Appeals Court or District court of the State (depending on where you are) and submit the verification of complaint up there and demand proof of claim regarding jurisdiction and see what happens.

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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Rasdiggy
This post was updated on .
Thanks Boris,I am on land commonly called Jamaica Island my co-defendant is on land commonly known as New York . He filed a Writ CoramNobis in Eastern District New York and the judge issued an Order for show cause to US  government however they did not respond within the sixty days so we issued an Order for default judgment which the judge and the clerk for EDNY signed and sealed twice by clerk  . we then pulled out certified copies with gold seal and red ribbon attached. now would it be wise to use default as trust res as Annex(b) for the Turnabout docs field in Second circuit Appeals Court EDNY.? as you know the feds are crafty and a cornered animal is very dangerous. also for the IRS tax court packege Peace. "one love, One heart, let's get together and be arite" Bob Marley
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator

Hell yes, that would be the CR(tm) for your annex B ...
~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
           I sent the US Tax Court petition filled in exactly as the sample show, without the fee,  In 15 days I got a ORDER from the US tax court to pay the 60 bucks in 30 days or be dismissed.  The case is on the Docket with a number but you don't get a case number until they get paid.  I plan on using the CR(tm) as test to see whether they dismiss for lack of jurisdiction.  Funny thing is I don't owe the IRS anything.  I had some liens back in 96 which is the year I put down on the form but those have long expired.   If I end up getting a case number(which I doubt)  then I can file all kinds of stuff in there.....hey.  
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator

you are not supposed to pay the fee. That is a throwaway letter. They FEE is for the attorneys so they can bring it into administrative hell.


buddy just got his phone call today asking him if they objected to dismiss for lack of jurisdiction. Now, he will get an order dismissing the action because the IRS lacks jurisdiction.

~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
I did not send in the fee and was not going to pay the fee.   Just wondering why I did nt get the phone call for dismissal.  The form was filled out exactly like the sample....??  
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator
maybe they don't call everyone?

My buddy filed multiple times for multiple years and I think the guy who discussed this originally did the same. I was there for my buddy's call and it sounded like the guy on the other end was discussing that aspect before the discussion regarding the dismissal.

Maybe that is why no call?
~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
thanks,   I'll let the 30 days pass and then try again.
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
on second thought..... I'm going to discharge the 60 by taping 6 blue toothpicks to the order as a discharge according to 31 u. s. c. sec. 5118 (d) (2).   Each toothpick represents 10 (dollars worth of toothpicks).

and I want a receipt for that, Mr clerk of court.

any other suggestions that I might add to the procedure?

thanks
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator
This post was updated on .
How about something like this:


Since it appears all public monies remain sequestered for Military necessity and you failed to state what Thing was being demanded and I am not sure what "$" legally represents, but I assume you mean "dollar", and it appears the word "dollar" is defined to be a "unit of measurement" in accordance with Act of Congress in 1792, and to remain on par with your demand, please accept tender of these 6 "units of measurement" as payment; you guys still honor Acts of Congress, correct?

Does this court have proof of claim to contrary along with all the supporting facts and law relied upon?

If not, then I TRUST our business is now concluded.
~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

iamsomedude
Administrator
In reply to this post by iamsomedude
This is from another buddy, he got a call at 8 AM:

"Got my call at 8am ... guy was trying to prod me for info - "background" refer to me as appropriate person "why did I file" ... I said "someone told me it's a good idea to file." He asked me if I have an issue with the IRS that I filed? I said no as I said in the filing, I have received no notice of deficiency or determination ... he said well ... Then there is nothing to litigate. We can only litigate a notice of deficiency/determination - kept trying to get me to say something (like well I have a lien or something). I said "well, gee, what happens in this file now?" After all that he finally says "well, I am going to file a motion to dismiss for lack of jurisdiction. Do you have any objection?" I said no. He asked if I had any other questions or if he can help me any further to call him ... hmmmmm."

"Told you the whole story so u can tell others to expect the call and what to say because they try to trap u into talking about an issue ... kinda weird."


~ 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.
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
In reply to this post by iamsomedude
You're awesome Dude.   will keep you posted.    This is all the entertainment I get in my life.  learning while having fun.    what else can I do......I'm only  JOKING
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

liberated
In reply to this post by Jo King
Jo King, perhaps they saw that you have nothing outstanding, perhaps they will call you by the end of 30 days. Maybe, in lieu of doing a CR(tm) send a letter, after the 30 days, asking why the fee if justice is to be free?.. Maybe return the letter with A4V.  I think I would ride out the 30 days and see what happens
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
thank you for your comments, Lib.  As you can see from the attached ORDER they say exactly what they will do.    Modified the language from what Boris suggested and it went out last week.  Now maybe I ll get that phone call. ustax.jpg
Take the road less traveled
Reply | Threaded
Open this post in threaded view
|

Re: no proof of claim = no jurisdiction to exercise

Jo King
(see link above)    Please notice on the bottom of the ORDER        “SERVED DEC 01, 2017”   The ORDER was received by first class mail.      Leads one to believe the USPS is commercial process server to the BOX (court) and acceptance of the service is when it is not returned to the sender.  
Take the road less traveled
123