The Commercial Lien Strategy
Faced with corrupt lawyers and judges, no litigant can expect to win in court by simply playing defense. To beat them, you must be able to scare them. You must be able to make them respect you, and that means you must be able to take the offense — attack them personally.
Unfortunately, judges, lawyers, and other government officials enjoy various levels of personal immunity provided by both law and "professional courtesy." How do you sue a lawyer for malpractice? You hire another lawyer — if you can find one who’ll take the case. How do you sue an IRS agent for violating your Constitutional rights? Only with great difficulty. How you sue a judge for railroading you in court? You don’t.
As a practical matter, private citizens can’t sue the President of the United States, a Governor, judge, or even an IRS agent for failing to obey or enforce the laws. If we try to sue in court to compel our government officials to obey the law and perform their lawful duties, the judges routinely ignore our petitions and laugh us out of court.
Because legal and de facto immunities shield government personnel from being sued for committing crimes against the People, the public is legally disarmed, unable to aggressively sue the government or its agents and compel them to obey the Law. As a result, the public’s legal posture is fundamentally defensive: we try to duck, dodge, and hide in legal loopholes to defend ourselves against the government and the courts. We try to escape, evade, and avoid, but we seldom counter-attack against our antagonists, largely because we think there are no lawful weapons to do so. However, it appears that a powerful offensive legal weapon may now have been discovered, tested, and proven for common Citizens — the commercial lien. We don’t try to sue a government official for failing to perform his lawful duties. Instead, we simply file a lien that encumbers the official’s personal property and credit rating like a ton of bricks until he voluntarily satisfies our demand to perform his lawful duty, and we, in turn, voluntarily agree to excise the lien.
Some Examples of the Strategy
— Edward J. Wagner, an hourly, unionized employee at General Electric, received Notices of Levy from the IRS, garnishing his wages and moneys received from several other sources. Wagner tried to persuade G.E. not to honor the Notices, since they were not properly attested as "true bills of commerce." His efforts met with no success.
After giving G.E. proper Notice and Demand, Wagner and his wife filed a Commercial Lien in the amount of $224,640,00.00. In the lien, Wagner impounded G.E. inventory that he had worked on (including air conditioning units, analyzing equipment, etc.) as security for the lien. This is similar to an auto mechanic impounding a car he had repaired ("mechanic’s lien"). This meant that G.E. could not lawfully sell or transfer the equipment until the lien was either extinguished or satisfied.
Among the reasons for the high dollar amount are that the law allows for such high sums as rewards for damages incurred, and it generally has to be large enough in relation to the size of the company involved, to get its attention. Otherwise such a large company might just ignore it.
Consequently, a legal war followed, and by June of ’92, G.E. had gone to court several times trying to remove Wagner’s lien, all without any real success. This was in spite of the fact that G.E. had the best, most highly paid, and highly motivated lawyers.
In June of ’92, the first major victory for the Wagners came. The IRS issued four different official Releases of Levy, one to General Electric, plus three other places where they had wages and income that the IRS had levied — the Port of Seattle, Dean Witter Reynolds, and Ohio State Life Insurance Company. These effectively released the IRS’s attachment on the Wagners’ income and assets. That’s a pretty solid testimonial to the power of the arguments in Mr. Wagner’s lien.
— In August 1992, Mr. Nelson Starr, who lives in Florida, filed a lien on several federal judges, the Commissioner of the IRS, the Attorney General of the United States, one or more U.S. attorneys for the Southern District of Florida, and several other individuals, in the amount of $350,000 on each individual. The officials asked Mr. Alan Diamond, President of the Florida Bar Association, to inspect the lien and see if it was lawful or not.
In spite of his desire to please his powerful friends, Diamond could find nothing illegal about the lien. In fact, in a sworn affidavit, Diamond declared that, "...the document causes irreparable harm to the system of the administration of justice. While some of the harm may be compensable at law, no degree of compensation will adequately remedy the damage to the appearance of integrity of those named and of the system of the administration of justice. In my opinion, the filing of this type of lien is a direct attack on the justice system and on the general reputations of those named in the "lien." It may negatively impact on the financial credit rating of those individuals. It will probably have a negative impact on their willingness to continue to serve as representatives of the United States. And, it constitutes an abuse of civil process that cannot be adequately remedied by an action at law. [emphasis added]" In plain English, Diamond did not like the lien, but couldn’t find any way to extinguish it. Further, he seemed to say that these liens could drive public officials right out of office! For libertarians and patriots, that is a powerful endorsement!
- Another a man in Florida filed Commercial Liens against nine IRS agents and was later taken to court by the IRS agents’ wives. The wives tried unsuccessfully to remove the liens, because their credit cards had stopped working. The liens had compromised their credit rating, and they couldn’t go shopping except with cash. Imagine the distress that the IRS agents themselves had to endure from their wives on account of these liens! Evidently, the liens hit the agents where they lived, in a way that other actions at law could not do.
For further reading visit: http://www.buildfreedom.com/tl/comliens.shtml