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Declaration Of Rights January 9, 2003 THIS DECLARATION OF RIGHTS was unanimously adopted by the delegates of Texas, in convention assembled, at the town of Washington, on the 17th day of March, in the year of our Lord [1836], and of the independence of the republic the first year. Now I Ralph-Kenneth family of Evans, one of the people declare this declaration of rights can not be violated on any pretence whatever and it is my contract with the officers, agents and citizens of THE UNITED STATES, THE UNITED STATES OF AMERICA, THE STATE OF TEXAS, this State of Texas and their political sub-divisions both public and private. So there can be no misunderstanding I have reduced this declaration of rights to a simple matter of contract. Any violation of any of my rights will be chargeable at 100,000.00 dollars silver specie per day per right to each violator. and This declaration of rights is declared to be a part of this constitution, and shall never be violated on any pretence whatever. And in order to guard against the transgression of the high powers which we have delegated, I declare that everything in this bill of rights contained, and every other right not hereby delegated, is reserved to me and to the people. 1st. All men, (including me) when they form a social compact, have equal rights; and no men or set of men are entitled to exclusive public privileges or emoluments from the community. 2nd. All political power is inherent in the people, and all free governments are founded on their authority and instituted for their benefit; and they have at all times an inalienable right to alter their government in such manner as they may think proper (including me). 3rd. No preference shall be given by law to any religious denomination or mode or worship over another, but every person shall be permitted to worship God according to the dictates of my own conscience. 4th. Every citizen (including me) shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege. No law shall ever be passed to curtail the liberty of speech or of the press; and in all prosecutions for libels the truth may be given in evidence, and the jury shall have the right to determine the law and fact, under the direction of the court. 5th. The people (including me) shall be secure in their persons, houses, papers, and possessions, from all unreasonable searches and seizures, and no warrant shall issue to search any place or seize any person or thing, without describing the place to be searched or the person or thing to be seized, without probable cause, supported by oath or affirmation. 6th. In all criminal prosecutions the accused (including me) shall have the right of being heard, by himself or counsel, or both; he shall have the right to demand the nature and cause of the accusation; shall be confronted with the witnesses against him, and have compulsory process for obtaining witnesses in his favor. And in all prosecutions by presentment or indictment, he shall have the right to a speedy and public trial, by an impartial jury; he shall not be compelled to give evidence against himself, or be deprived of life, liberty, or property, but by due course of law. And no freeman (including me) shall be holden to answer for any criminal charge but on presentment or indictment by a grand jury, except in the land and naval forces, or in the militia when in actual service in time of war or public danger, or in cases of impeachment. 7th. No citizen (including me) shall be deprived of privileges, outlawed, exiled, or in any manner disfranchised, except by due course of the law of the land. 8th. No title of nobility, hereditary privileges, or honors shall ever be granted or conferred in this republic. No person holding any office of profit or trust shall, without the consent of congress, receive from any foreign state any present, office, or emolument of any kind. 9th. No person, (including me) for the same offence, shall be twice put in jeopardy of life or limbs. And the right of trial by jury shall remain inviolate. 10th. All persons (including me) shall be bailable by sufficient security, unless for capital crimes, when the proof is evident or presumption strong; and the privilege of the writ of habeas corpus shall not be suspended, except in cases of rebellion or invasion the public safety may require it. 11th. Excessive bail shall not be required, nor excessive fines imposed, or cruel or unusual punishments inflicted. All courts shall be open and every man (including me) for any injury done him in his lands, goods, person, or reputation shall have remedy by due course of law. 12th. No person (including me) shall be imprisoned for debt in consequence of inability to pay. 13th. No person's (including me) particular services shall be demanded, nor property taken or applied to public uses, unless by the consent of himself or his representative, without just compensation being made therefor according to law. 14th. Every citizen (including me) shall have the right to bear arms in defence of himself and the republic. The military shall at all times and in all cases be subordinate to the civil power (including me). 15th. The sure and certain defence of a free people is a well-regulated militia; and it shall be the duty of the legislature to enact such laws as may be necessary to the organizing of the militia of this republic. 16th. Treason against this republic shall consist only in levying war against it, or adhering to its enemies, giving them aid and support. No retrospective or ex post facto law, or laws impairing the obligations of contracts, shall be made. 17th. Perpetuities or monopolies are contrary to the genius of a free government, and shall not be allowed; nor shall the law of primogeniture or entailments ever be in force in this republic (against me). The foregoing constitution was unanimously adopted by the delegates of Texas, in convention assembled, at the town of Washington, on the 17th day of March, in the year of our Lord [1836], and of the independence of the republic the first year and by me Ralph-kenneth family of Evans this twenty-sixth day of the sixth month in the year of our Lord (200X) as my contract with the officers, agents and citizens of THE UNITED STATES, THE UNITED STATES OF AMERICA, THE STATE OF TEXAS, this State of Texas and their political sub-divisions both public and private. So there can be no misunderstanding I have reduced this to a simple matter of contract. Any violation of any of my rights will be chargeable at 100,000.00 dollars silver specie per day per right to the violator. I declare that everything in this bill of rights contained, and every other right not hereby delegated, is reserved to me. In witness whereof I have hereunto subscribed my name. Ralph-kenneth family of Evans principal Notice to the agent is notice to the principal all parties have notice by this notice of my, DECLARATION OF RIGHTS. Order to vacate the land of Texas immediately February 10, 2003 Order to vacate the land of Texas immediately All UNITED STATES entities including (Rename AT& T Broadband) are herein ordered to vacate the land of Texas. You have no treaty, contract or visa to be on the soil of the land named Texas. You are trespassers. You are in a foreign land without authority. You are herein order to leave immediately. You are to leave the land of Texas and leave behind all the property; the property belongs to the people known as Texians. You are citizens of D.C. You are not Citizens of Texas making you trespassers upon the soil of Texas and upon the people. This order is to be obeyed immediately after thirty (30) days you will be arrested as trespassers. If you attempt to take any of the people's property with you, you will be arrested as thieves. This order issued by one of the people of Texas a republic qualified to sit as a supreme Court of record justice this 00th day of Month 2003. (Your Name) owner principal Bond to discharge debt February 10, 2003 Bond to discharge debt: I, (Your Name), principal, as surety, is held and bound to pay (THEIR FICTION) the sum of 00,000.00, unless the said debtor (YOUR FICTION) shall satisfy any debt which may be recovered against him by the said creditor (THEIR FICTION) for his attached statement to said debtor (YOUR FICTION) for 00,000.00, returnable before 00/00/2003. This 00th day of Month 2003 by me ( Your Name ), owner, principal surety, _____________________ seal: Negotiate this item through the back office for settlement via the pass through account at the treasury window. Departamento De Hacienda Secretary of the Treasury P.O. Box 4515 San Juan, Puerto Rico, 00902 1-787-721-2020 Note: any dishonor against this instrument will constitute sedition against the united States of America Treasury. Actual and Constructive Notice of Compulsory Counterclaim February 26, 2003 Ralph, evans pursuant to Common Law (this is not a name, but my absolute private property) 330 U.S. 258 states that a Sovereign is not a person, and CJS, Vol. 65, Sec. 1, pg 1 states that "A name is word or words used to distinguish and identify a person." Mailing Location: C/O Private Property Ralph, evans post office of the States united Garland, Texas state January 10, 200x AMENDED VERIFIED NON-NEGOTIABLE ACTUAL AND CONSTRUCTIVE NOTICE OF COMPULSORY COUNTERCLAIM To Respondents: UNITED STATES SECRETARY OF HUD 28 USC 3002 (15) (C) THE UNITED STATES SECRETARY OF THE TREASURY 28 USC 3002 (15) (C) The alleged, House and Senate of The united States of America THE UNITED STATES HOUSE AND SENATE 28 USC 3002 (15) (C) STATE OF TEXAS COMPTROLLER 28 USC 3002 (15) (C) UNITED STATES COMPTROLLER 28 USC 3002 (15) The alleged Secretary of State of The State of Texas STATE OF TEXAS SECRETARY OF STATE 28 USC 3002 (15) (C) The alleged County Judge Lee Jackson of the county of Dallas, Texas state DALLAS COUNTY JUDGE The alleged county Clerk Earl Bullock of the county of Dallas, Texas state DALLAS COUNTY CLERK The alleged County Commissioners 1, 2, 3 and 4 of the county of Dallas, Texas state DALLAS COUNTY COMMISSIONERS ATTORNEY, ESQUIRES, STATE BAR CARD HOLDERS MEMBERS of the BRITISH ACCREDITED REGISTRY FOREIGN POWER by Treaty AMERICAN BAR ASSOCIATION FOREIGN POWER by Treaty Britain Crown FOREIGN POWER The alleged Governor, House and Senate of The State of Texas THE STATE OF TEXAS GOVERNOR, HOUSE AND SENATE 28 USC 3002 (15) (C) CITY OF DALLAS 28 USC 3002 (15) (C) CITY OF GARLAND 28 USC 3002 (15) (C) CITY OF ROWLETT 28 USC 3002 (15) (C) ROCKWALL COUNTY 28 USC 3002 (15) (C) GRAHAM PEN & SAMPSON L.L.P. CORPORATION ROCKWALL CENTRAL APPRAISAL DIST STATE FARM LLOYDS and FIRE AND CASUALTY COMPANY 28 USC 3002 (15) (C) F. L. S. & ASSOCIATES SOUTHWEST LAND AND TITLE 28 USC 3002 (15) (C) FREDDIEMAC MORTGAGE CORPORATION 28 USC 3002 (15) (C) SUNBELT MORTGAGE CORPORATION 28USC. 3002 (15) (C) FT. MORTGAGE CORPORATION 28 USC 3002 (15) (C) BARRETT BURKE WILSON CASTLE DAFFIN & FRAPPIER L.L.P. JOHN SHOLDEN, DON ASHLOCK AND LESZINSKI, SAWOMIR TEMPLE-INLAND MORTGAGE CORPORATION 28 USC 3002 (15) (C) DALLAS CENTRAL APPRAISAL DIST INTERNAL REVENUE SERVICE (THEFT OF FUNDS) COMMISSIONER OF THE INTERNAL REVENUE SERVICE (MISPRISON OF FELON) SECURITY BANK GARLAND TEXAS JUDGE CANDACE TYSON, JOHN MARSHALL, ATTORNEY GRENBERG, SHERIFF JIM BOWLES and Deputies HILEY MADZA AQUISITION, RANDY HILEY, NEIL HANCOCK, ROBBYN P. WYSOCKI and BILL SHEEHAN UNITED STATES 28 USC 3002 (15) (A) THE STATE OF TEXAS 28 USC 3002 (15) (C) DALLAS COUNTY AND DOES 1-1,000,000 28 USC 3002 (15) (C) Records Building Dallas, Texas 75202 Re: Alleged officers of the de jure State of Texas and the several States united. me, the Undersigned Creditor, Claimant, and Secured Party, hereinafter Secured Party, does hereby solemnly declare, say, and state: 1. Secured Party is competent to state the matters set forth herewith. 2. Secured Party has personal knowledge of the facts stated herein. 3. All the facts stated herein are true, correct, complete, and certain, admissible as evidence, and if testifying Secured Party shall so state. Plain Statement of Facts. A. Background and Foundation Instruments 4. Copies of the following documents, mention herewith and unincorporated herein by reference, are noticed in private capacity to Respondents, and ATTORNEY, ESQ., STATE BAR CARD HOLDERS all other Respondents hereinafter Respondents , re all cases allegedly filed in the all COURTS FEDERAL AND STATE, DALLAS COUNTY, THE STATE OF TEXAS, hereinafter the courts. a) Uniform Commercial Code, hereinafter UCC, Financing Statement, UCC-1 filing # 99-112464 b) State of Texas filed UCC-3 Amendment Filing, filing # 99-738872, registered exclusive and indisputable security interest by Secured Party in all items set forth therein. c) Copy of the following, accepted for value, non-negotiable, by Secured Party filed in the records of the county of Dallas, Texas state: i. NON-NEGOTIABLE BILL OF EXCHANGES; Register with the Secretary of State ii. ii. Quite Title and Non -Resident Birth Certificate; iii. RELEASE OF POWER OF APPOINTMENT AND NOTICE OF REVOCATION OF TRUSTEESHIP County of Dallas file Number A001 4051 0000000 0013. iv. Private Non-Negotiable Security agreement private papers. d) Copy of True Bill in Commerce, Form UCC-4, BARGAIN OF THE PARTIES IN FACT, Tacit Procuration, to be issued if required and signed by Respondents, or signed by Secured Party by accommodation for Respondents. 5. As substantiated by the above-referenced documents, Secured Party, as Creditor and Claimant with full legal capacity and standing in law, (and Qualified to sit as a Justice of the One Supreme Court) possesses supreme, unrebuttable, perfected, exclusive, and non-negotiable claim against DEBTOR, RALPH KENNETH EVANS, and has accepted for value, non-negotiable, all negotiable instruments pertaining to DEBTOR, including but not limited to all complaints, charges, warrants, orders, or the likes, against DEBTOR, re all Cases/claims in the Courts. B. Venue and Jurisdiction re all Cases. 6. It is confirmed by Secured Party that the following British Companies own United States and State of Texas copyrighted law. a) The Thompson Group, LLC, LTD., with offices located in Montreal, Quebec, Canada, which owns, inter alia: West Publishing Company; Barclays West Group; Bancroft Whitney; Clark Bordman, Callaghan; Legal Solutions; Rutter Group; Warren, Gorham & Lamont; Lawyers Coop; b) Reed Elsevier, which owns, inter alia: Lexis; Deering Codes. 7. It is also confirmed by Secured Party that Blacks Law Dictionary is copyrighted British law and that the American Bar Association is a branch or subset of the Bar Council (England and Wales). 8. Based upon the above findings, Secured Party reasonably concludes that Respondents are attempting to use private, de facto, commercial, copyrighted British law to denial trial by jury by law in the county of Dallas Court of record of The of State of Texas. C. Notice and Demands. 9. Inasmuch as Secured Party has accepted for value, non-negotiable, all Cases and all claims and all matters attached thereto and derived therefrom: i. No necessity or possibility exists for any denial that the Respondents have in collusion with agents of the American Bar Association a branch or subset of the Bar Council (England and Wales) have closed the peoples county Constitutional court of record by use of commercial fraud and have denied trial by jury by law. Therefore there is no dispute or controversy to resolve. ii. Secured Party is the Holder in Due Course, i.e. iii. All Cases and claims is a matter of private claim and contract and cannot be entered into this countys Court of record and is a matter (of commercial fraud and counterfeit Securities,) which is restricted exclusively to statutory private courts and business. iv. Secured Party holds preeminent and unrebuttable claim on DEBTOR RALPH KENNETH EVANS, which is the private property of Secured Party and exempt from levy, whereby any would-be claimant is Estoppel from participation in any prosecution, claim for want of ability or capacity to state a claim upon which relief can be granted. 10. On the basis of the foregoing, Secured Party expressly does and has denies Respondents and agents of the American Bar Association a branch or subset of the Bar Council (England and Wales) and agents of the TEXAS CORPORATIONS permission to engage, directly or indirectly, in any actions past, present or future of any kind against the person or property of the DEBTOR without providing to Secured Party, within the seventy two (72) hours prescribed by Regulation Z, Federal Truth in Lending Act, 12 USC sec. 1601, for settlement of retail accounts, hereinafter Regulation Z grace period, either: a) Proof of Respondents non-negotiable claim superior to claim of Secured Party as substantiated by the fore mentions attachments hereto; or in the alternative, b) Verified notice signed as true, correct, and complete that Respondents has withdrawn Respondents offer, i.e., verified notice that prosecution of all Cases/claims and all matters thereto and derived there from are terminated and abandoned with prejudice and have made restitution for all damage both physical and mental and returned all property; and c) Any and all past or present warrants, claims purporting to pertain to DEBTOR; and d) Any and all orders purporting to pertain to DEBTOR; and e) Any and all bonds, liens purporting to pertain to the above-referenced warrants, orders, claim, judgment or Cases. f) The county court of record seal. g) Reasonable compensation for all past damages and all property returned to Secured party. 11. In the event Secured Party fails to receive the above-demanded items within the prescribed Regulation Z grace period, Respondents is: a) Foreclosed from the option to withdraw Respondents offer and Secured Party becomes the Holder in Due Course of contractually perfected compulsory counterclaim wherein Secured Party is indisputable Creditor and Respondents is Debtor devoid of defenses re debt owed to Secured Party in amount decided solely by Secured Party; b) Rendered permanently and indisputably devoid of possibility and capacity to state a claim upon which relief can be granted re all past and future Cases/claims; c) Estoppel from proceeding in any manner against the person or property past, present or future of DEBTOR or Secured Party re all Cases/claims or any matters stated thereto or derived therefrom, whether attempting to fine, threaten, harass, collect from, prosecute, require attendance at any alleged Court hearings or trial re all past, present and future Cases/claims, or otherwise; d) Made subject, without defenses, to the requirements and consequences set forth herewith below. Caveat. 12. Respondents must provide to Secured Party, within the Regulation Z grace period, proof of Respondents non-negotiable past and present claims superior to claim of Secured Party or, in the alternative, verified notice signed and sworn, true, correct, and complete that Respondents has withdrawn all Respondents offer, i.e., (and has compensated Secured party) by verified notice that Respondents has terminated and abandoned with prejudice prosecution of all Cases/claims past, present and future and returned all of Secured partys property and all matters attached thereto and derived therefrom. In the future Should Respondents proceed in any manner against the person or property of DEBTOR or Secured Party, in the absence of proof of claim upon which relief can be granted, the corresponding actions of Secured Party and consequences to Respondents are as set forth herewith below. 13. Texas Government Code chapter 81-subchapter c. Sec. 81.051, Texas Penal Code 38.122 and 38.123 requires a person must hold a license to practice law in Texas. A license is required before the Supreme Courts issues a Bar card there is no licensing agency for attorneys in The State of Texas for reason prohibited by Art 1 Sec 26 of the Texas Constitution (herein after TC) and requires that all officers of Texas be certified by the oath Art 1 Sec.16 (c) TC and be endorsed upon by Oath. Esquires or prohibited from holding a license of a practicing attorney by Art 1 Sec. 26 and the Original 13th Amendment to and Art. 1 Sec. 9 cl 7 of the 1787 Constitution of the States united which has never been repealed. Any legal action by Respondents against DEBTOR or the person or property of Secured Party past, present or future without providing proof of valid license to practice law issued by the State of Texas in compliance with The Constitution of The State of State Article 1 Section 29 (not a mere Membership Card issued by the private, foreign association (BRITISH ACCREDITED REGISTRY) State Bar of Texas, and Texas Government Code chapter 81 subchapter c. Sec. 81.051, Texas Penal Code 38.122 and 38.123 shall constitute tacit admission and confession that Respondents is unlicensed and is therefore practicing law without a license and subject to prosecution therefore. 14. As an Agent of a foreign Principal, (SEE The "Bar" Treaty of 1947 Effectively Tying the Bar Associations of the Respective Pan-American States Together (and subverting our Constitution to United Nations International Law) These Agents are required by law to register as such with the Attorney General of the United States. All action both past, present and future will be proof of commercial fraud by you the Respondents and the Agents without providing to Secured Party, proof of said registration and shall constitute admission and confession that you the Respondents and the Agents are acting as an unregistered foreign agents, in concert in the over throw of the Government of the several united States, therefore authoring Secured Party to file criminal complaint to sue you the Respondents and the Agents accordingly as per: Rabinowitz v. Kennedy, 376 U.S. 605, 18 USC 219 an 951; the Foreign Agents Registration Act of 1938; 22 USC 286 et seq., 263(a), 285(g), 267(j), 611(c)(ii) & (iii); Treasury Delegation Order # 91. 15. Before Respondents can commence past, present or future action against DEBTOR, or propose that any alleged debt, fine be imposed or bond satisfied re Cases/claims, Respondents must legally define the exact currency in which DEBTOR is required to pay or discharge said alleged debt fine or satisfy any said alleged bond. Failure by Secured Party to receive notice, prior to any past, present or future proceedings re Cases/claims, of the precisely defined currency by which Secured Party is mandated to pay or discharge any alleged fine or satisfy any alleged bond or judgment or pay any debt, shall constitute legal and lawful notice that Secured Party is authorized, per House Joint Resolution 192 of June 5, 1933, hereinafter HJR 192 , UCC 1-104, 10-104, and Public Law 73-10, to discharge any purported debt, fine or bond re Case/claim in any currency Secured Party elects, dollar-for-dollar, and in any form, including but not limited to a Bill of Exchange. 16. Any actions by Respondents utilizing the name of Secured Party or DEBTOR re Cases/claims or matters attached thereto or derived therefrom without providing proof of a perfected security interest in DEBTOR or Secured Party duly filed in the Commercial Registry constitutes Commercial Fraud , slander of credit, a federal criminal securities violation. 17. Receipt or confirmation by Secured Party of any offers, presentments, notices, summons, complaints, faxes, letters, telephone calls, warrants, judgments, liens or the like re Cases/claims or matters attached thereto or derived therefrom, without providing to Secured Party all of the above-required documents within the prescribed Regulation Z grace period, constitutes prima facie evidence that Respondents is willfully committing commercial crimes, 27 CFR 72.11, such as, inter alia: a) failure to pay the fiduciary tax liability inherent in acting on the basis of a non-existent claim; b) harassment; c) trespass; d) obstruction of justice; e) denial of due process by law; f) fraud on the court; g) fraud, 18 USC 1018; h) mail fraud, 18 USC 1341; i) mail threats, 18 USC 876; j) extortion, 18 USC 872; k) perjury, 18 USC 1621; l) subornation of perjury, 18 USC 1622; m) civil racketeering, 18 USC 1963; n) criminal racketeering, 18 USC 1964; o) falsification of public documents, 18 USC 1001; p) misleading public officials; q) acting as unregistered agent of a foreign principal; r) slander of credit, a federal criminal securities violation; s) violation of public policy as set forth in HJR-192; t) administering private, foreign-copyrighted, commercial law in State of Texas; u) deprivation of civil rights after notice of the facts and law, 42 USC 1986, requiring, per precedent established by Rodney King v. Ventura, mandatory ten (10) years prison term and ,000.00 fine for deprivation of civil rights with knowledge and intent; v) practicing law without a license by failing to comply with the requirements of the Texas Penal Code and the Constitution of the State of Texas Article 1, Section 26, 27, 28 and 29; and the Texas Bar card act and w) barratry for attempt to Institute unfounded lawsuit after admission and confession of absence of verifiable claim and inability to introduce a private, non-negotiable matter into a public court; and x) denial of trial by jury by law. y) Violation of the Hobbs Act 18 USC 1951 z) violations of Treaties made by the American Bar Association with the U. N. and treaties made or purposed under the Authority of the United States under the Constitution of the United States, Article VI, Paragraph 2, not limited to, the U.N. Charter, the U.N. Convention of Human Rights, The Genocide Treaty, the Convention Concerning Forced or Compulsory Labour 28 June 1930 As Modified by the Final Article Revision Convention 1946, the League of Nations Convention to Suppress the Slave Trade and Slavery of 26 September 1925 with the Protocols Amending the Slavery Convention, 7 December 1953, and with the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 7 September 1956. 18. In the event Respondents fails to comply with all requirements established herein, and issues any offers, presentments, notices, warrants, summons, complaints, judgments, liens, faxes, evidence of court filings, or any documents of any kind purporting to be adverse to the person or property of DEBTOR or Secured Party, or fails to make restitution for past damage caused to me secured party, no evidence, other than the name or signature of Respondents on any past, present or future document is all that is necessary to prove the herein-enumerated offenses and authorize Secured Party to undertaken all actions by Secured Party referenced herein, including, but not limited, authorization for Secured Party to: a) Issue Notice of Default an Commercial Dishonor to Respondents and register said Notice in the Commercial Registry, with DEBTOR holding collateral rights therein and with Secured Party holding all interest therein; b) Undertake a Bankers Acceptance, (BA), of the above-referenced dishonor and execute a Bill of Exchange against the Respondents in monetary amount to be determined solely by Secured Party, in accordance with the contractually perfected compulsory counterclaim finalized by Respondents dishonor per incident of trespass against DEBTOR, or the person or property of Secured Party, as follows: i) Any act of harassment, including any notice received by Secured Party of any past, present or future alleged warrant, scheduled Court hearing, summons, complaint, indictment, judgment, lien or the like scheduled Court hearing re Cases/claim, is assigned a minimum monetary value of ,000.00. ii) Any act past, present or future against any property of Secured Party or DEBTOR is assigned a minimum monetary value of ,000.00. iii) Any past, present or future act of detention, arrest, incarceration, or physical or mental harm to Secured Party hereafter is assigned minimum monetary values as per precedent established by Trezevant vs. City of Tampa, 741 F2d. 336, 1984: ,000.00 per 23 minute period, i.e. ,217.91 per hour, $1,565,217.30 per day, plus punitive damages in amount decided exclusively by Secured Party or Secured Partys heirs or assigns. c) Execute a True Bill in Commerce, Tacit Procuration, in which Respondents freely admits and confesses to willful commission of the above-cited past and present offenses against me, secured party and is correspondingly indebted to me, Secured Party in a monetary amount to be determined solely by me, Secured Party, and sign Respondents name by accommodation to said True Bill in Commerce, UCC 3-419; d) Execute a Commercial Lien against Respondents in an amount to be decided solely by me, Secured Party, sign Respondents name by accommodation as Debtor on said Lien, assign monetary value to said Lien in monetary amount decided exclusively by me, Secured Party, secure real and personal property of Respondents as collateral for said Lien, and file said Lien in the Commercial Registry and the Office of the County Recorder; e) Procure a Writ of Execution for collection on the above-referenced Lien; f) Institute a cause of action against Respondents in any court of competent jurisdiction elected by Secured Party, including but not limited to the Constitutional county (One Supreme) Court of record or in international court, at the pleasure of the buyer of said Bankers Acceptance . re any offenses, whether herein-enumerated or otherwise, by Respondents against the person or property of DEBTOR or Secured Party. 19. Secured Party herewith notices Respondents of the following entries in Blacks Law Dictionary, Sixth Edition, re any Bankers Acceptance, Bill of Exchange, or Compulsory Counterclaim, 28 USC Rule 13(a), issued by Secured Party: Bankers Acceptance . . . . A bill of exchange draft payable at maturity that is drawn by a creditor against his or her debtor. Bankers acceptances are short-term credit instruments most commonly used by persons or firms engaged in international trade. They are short-term government securities (for example: Treasury Bills) and may be sold on the open market at a discount. Counterclaim. A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. Fed. R. Civil P. 13. If established, such will defeat or diminish the plaintiffs claim. Under federal rule practice, and also in most states, counterclaims are either compulsory (required to be made) or permissive (made at option of defendant). 20. Enclosed with this NON-NEGOTIABLE ACTUAL AND CONSTRUCTIVE NOTICE OF COMPULSORY COUNTERCLAIM, hereinafter ACTUAL AND CONSTRUCTIVE NOTICE, is a Texas Open Records Act Request previously sent for a certified copy (to the county clerk of Dallas, Texas ignored by said clerk) of all liens, judgments, notices, foreclosures, Internal Revenue Service levees or any record recorded in the name of debtor or secured party within the Regulation Z grace period. In the event Respondents disagrees with the statements and demands set forth herein, Respondents must return, within ten (10) calendar days from the date of Respondents receipt of this ACTUAL AND CONSTRUCTIVE NOTICE, a W-9 with Respondents correct, full name and Taxpayer Identification Number executed thereon. 21. Secured Party must receive, postmarked within the Regulation Z grace period, proof of claim upon which relief can be granted re all past present or future cases/claims or, in the alternative, verified notice signed and sworn true, correct, and complete that Respondents has withdrawn Respondents offer, i.e. terminated prosecution of all cases/claim remove all liens, restored all (foreclosures) taking of private property using official office to deny remedy or recourse by law under color of official right, rebuilt all private property destroyed, using official office to deny recourse or remedy by law and; Respondents are ready and willing to make restitution for all damages past and present to secured party. Failure by Secured Party to receive said proof of claim or notice of withdrawal and settlement within the Regulation Z grace period constitutes legal notice that Respondents is willfully refusing to clear the commercial account and is retaining the funds, thereby owing the taxes on said funds. In such instance Secured Party is authorized to file and Internal Revenue Service, IRS, Form 8300 Report of Cash Payments Over ,000 Received in a Trade or Business against Respondents as the subject of a Suspicious Transaction (tax fugitive) re amount cited in the above-referenced Bill of Exchange. In the event Respondents refuses to provide Respondents Taxpayer Identification Number as herein demanded, it is the intent of Secured Party to execute Form 8300 to reflect Respondents refusal. D. Summary and Conclusion. 22. This ACTUAL AND CONSTRUCTIVE NOTICE is the private property, for private use only, of Secured Party. 23. Secured Party reserves the right to incorporate this ACTUAL AND CONSTRUCTIVE NOTICE into any legal, financial, commercial, or criminal proceedings that may arise out of the subject matter set forth herein. 24. If anyone has information that would controvert and overcome this Declaration Statement, NON-NEGOTIABLE ACTUAL AND CONSTRUCTIVE NOTICE OF COMPULSORY COUNTERCLAIM, please advise me IN DECLARATION/AFFIDAVIT FORM by writing WITHIN 10 DAYS from receipt hereof a counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, that this Declaration Statement is substantially and materially false sufficiently to change materially my status and factual declarations. Your silence stands as consent to and tacit approval of, the factual declarations herein being established as fact as a matter of law. I do understand the liabilities for making false statements and do accept all liability for my acts. (Briscoe v. LaHue 460 U.S. 325) If there is anyone being damaged by any statement herein, if he will inform me by facts, I will sincerely make every effort to amend my ways. I reserve my unalienable right to amend this Declaration as necessary at times and places of my own choosing, according as new facts and revelations are made available to me at various future times and places as yet unknown, and as yet to be determined, in order that the truth may be ascertained. May the will of the Heavenly Father be done on earth as it is in heaven. (Matthew 6:10). E. Verification. 25. The Undersigned me, Secured Party, holder in due coarse of original does herewith declare, state and say that Secured Party me issues this NON-NEGOTIABLE ACTUAL AND CONSTRUCTIVE NOTICE OF COMPULSORY COUNTERCLAIM with sincere intent, that Secured Party is competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just to the best of Secured Partys knowledge. NOTICE TO THE PRINCIPALS IS NOTICE TO THE AGENTS NOTICE TO THE AGENTS IS NOTICE TO THE PRINCIPALS NON-NEGOTIABLE Ralph, evans pursuant to Common Law (this is not a name, but my absolute private property) 330 U.S. 258 states that a Sovereign is not a person, and CJS, Vol. 65, Sec. 1, pg 1 states that "A name is word or words used to distinguish and identify a person." Declaring Ralph Kenneth Evans Holder in Due coarse me This Date January 10, 200x Per Me: Holder in Due coarse Ralph Kenneth Evans non-Resident Certificate of Birth as received by the GEORGIA DEPARTMENT OF PUBLIC HEALTH BUREAU OF VITAL STATISTICS Aug. 30, 1938 as a loan for recording of Census only and un-returned being either lost or stolen. Employer Identification number 260-54-8516 (per Security Agreement and filed UCC-1 Texas Secretary of State File 99-112464) and holder in due coarse of the preferred stock of the corporation of the United States February 21, 1871 16 Stat. L. 419 (Jure Divino, Jure Imperii, Jure Gestionis) accept for value all endorsements front and back on all documents ( in accord with UCC 3-419) in accord with House Joint Resolution 192, (brought privately by UCC 10-104 Section 2 ) Public Policy supersedes all Statutes, Codes and Rules notwithstanding. Jurat Notary Public seal: State of Texas County of Dallas On this day of the month in the year of our Lord and Savior, Two thousand. Personally appeared before me, me a man holder in due coarse Ralph Kenneth Evans known to me to be the me described herein. Whom executed the foregoing document/instrument VERIFIED NON-NEGOTIABLE ACTUAL AND CONSTRUCTIVE NOTICE OF COMPULSORY COUNTERCLAIM by Declaration and acknowledged that he executed the same as his free act and deed on behalf of self. __________________________ Notary Public Signature SERVICE; by electronic mail to all Respondent by service to any one of the respondents and to the Clerk of the 5th circuit court of the united States located in New Orleans so the court may have Notice and information, this 10th day of January of 200x. Claim for Relief March 3, 2003 Registered Mail # TO: I. R. S. AGENT Ms. G. FRITZGERALD and MS HUNTER DIRECTORS SCOTT, BOOTH AND OLSON INTERNAL REVENUE 9500 FOREST LANE DALLAS, TEXAS 75243 Claim for Relief from Alleged Levy AND DEMAND FOR REFUND BY AFFIDAVIT Ralph Kenneth: Evans State of and Republic of Texas (TRCP 53) and (FRCP 38(a)(b) 39(a)) county of Dallas I, Ralph Kenneth: Evans demandant now comes as a Sovereign, Citizen, sui juris, free, man, a follower of Yahshua the Messiah in the laws of the Almighty Supreme Creator first and foremost and the laws of man when they are not in conflict (Leviticus 18:3,4, Revelations 18:4 and II Corinthians 6:14-18). Pursuant to Matthew 5:33-37 and James 5:12, let my yea be yea and my nay be nay as supported by Federal Public Law 103-141, 107 Stat 1489 and Federal Public Law 97-280 96 Stat. 1211. I, have personal knowledge of the matters stated herein, and hereby asseverate understanding the liabilities presented in Briscoe v Lahue 460 us 325. I Ralph Kenneth: Evans give notice of DEMAND FOR RELIEF OF ALLEGED LEVY AND DEMAND REFUND PRESENTED by affidavit of Ralph Kenneth: Evans. 1) In the nature of (TRCP 53) I, Ralph Kenneth: Evans am protected by the Laws of the Republic of Texas, and its Constitution and the American flag of peace. The limits of the United States and its agents Venue and jurisdiction over me is contract only. 2) In the nature of (TRCP 52) I, Ralph Kenneth: Evans deny by this affidavit that I am not a corporation that is incorporated in the State of Texas or any other State of The United States. Ralph Kenneth: Evans is a live breathing soul created by God the Father and under the jurisdiction of the King of Kings Jesus Christ, who has all power in heaven and on earth. 3) In the nature of (TRCP 12) I, Ralph Kenneth: Evans demand proof of Status, Standing and Agency before any trespass upon my privacy in the form of a contract that is signed by both parties that was entered into knowingly, voluntarily and intentionally stating all agreed upon considerations which clearly explains all obligations of all parties. 4) I, Ralph Kenneth: Evans am protected under and by the Law of the land (common law) Article 1, Section 19 of the Texas Constitution. All dealing with me must be in that Venue and jurisdiction any other dealings will be considered a criminal trespass, treason and an act of war against the American flag of peace. Deprivation of Ralph Kenneth: Evans rights preserved by Article 3, Section 56 of the Texas constitution causing irreparable damage with specific intent. 5) 5) Pursuant to 28 USC 2410, 26 USC 7421, 26 CFR 301.7421, 26 USC 6326, CFR 301.6326 and 26 USC 7430, 26 CFR 301.7430, S6 USC 7431, 26 CFR 301.7431, 26 USC 7422, CFR 301. 7422 and United States Tax Laws, this Claim for Relief from the attached erroneously filed purported Notice of Intent to Lien - Levy or Notice of Lien - Levy and a demand that all collection activities be immediately stopped and a Release of Levy/Lien be subscribed and issued on the grounds of "Violations of Congressionally - Mandated Procedures" during the administrative assessment - collection process, constituting an unenforceable and "Illegal Use of Liens and Levies", and a "Denial of Due Process of the Law." This letter shall constitute an exhaustion of administrative remedies prior to a lawsuit against you. 6) I am not a "person" liable for the income tax or required to file a Form 1040 by virtue of my non-residence to and lack of income earned within or effectively connected to any U.S. Territory, Possession and/or enclave deriving its authority from Article I, Sec. 2, Cl. 17 or Article 4, Sec. 3, Cl. 2 of the Constitution of the United States. I am a natural born Citizen of one of the 50 Republic states, under the Constitution and Law. 7) No Treasury Department Delegation of Authority Order (TDO) has been issued providing summons, assessment, lien or levy authority applicable to me or to any Citizen of the 50 Republic states. a. In the 50 Republic states of America there is a system of law and order. Any authority delegated to any branch of government must be re-delegated down to the employee or agent actually exercising that authority and must be provided immediately upon the Citizen's request. Without evidence that such authority actually exists, as a matter of law, anyone with a badge could seize the property of any Citizen. The Commerce Clearinghouse Internal Revenue Manual, Volume 1, states as follows: "Each regional and district office and service center should maintain at least one complete and annotated file of all Delegations of Authority(s) [DOA] made to such office and by such office." b. The Reorganization Act of June 20, l949, 63 Stat 203, Ch 226 authorized the President to reorganize the executive agencies (which were created pursuant to Art. 1, Sec 8, Cl 17 and Article 4, Sec. 3, Cl 2 of the Constitution). c. The Reorganization Plan, No. 26 of 1950 (Fed. Reg. 4935, 64 Stat. 1280, codified in the annotations to 5 U.S.C. Sec. 903 divested the Commissioner of the Internal Revenue of all prior authority which was delegated to the Department of the Treasury (which was not and is not the Department of the Treasury of the United States; but, is tied to the International Monetary Fund or IMF). Treasury Department Order No. 150-42, dated July 27, l956, 21 Fed. Reg. 5852 then delegated the following authority to the Commissioner: "The Commissioner shall, to the extent of the authority vested in him, provide for the administration of United States internal revenue laws in the Panama Canal Zone, Puerto Rico and the Virgin Islands. " d. On Feb. 27, 1986 the Federal Register (51 Fed. Reg. 9571) published the following Treasury Department Order No. 150-01: "The Commissioner shall, to the extent of authority otherwise vested in him, provide for the administration of the United States internal revenue laws in the U.S. Territories and insular possessions and other authorized areas of the world." [These areas include countries with which the U.S. has Tax Treaties in force and DO NOT include the 50 Republic States]. 8) Therefore, Delegations of Authorities for Summons, Deficiencies, Assessments, Liens, Levies and Seizures are applicable only in U.S. Territories, possessions and enclaves deriving their authority from Article 1, Sec. 8, Cl. 17 and Article 4, Sec. 3, Cl. 2 of the Constitution of the United States and countries with U.S. Tax Treaties. These do not include the 50 Republic states. Pursuant to 44 U.S.C. Sec. 1501, no Treasury Department Delegation of Authority Order (TDO) has been issued delegating any authority from the Secretary of the Treasury to any employee or agent of the Internal Revenue Service to summons, assess, lien or levy or seize the private property of a Citizen of the 50 Republic states. Further, no such Delegation of Authority Order has been published in the Federal Register or memorialized into Law. While there is no lawful requirement to publish DOAs for inhabitants of U.S. territories, all laws and delegation orders which are binding upon the Citizens of the 50 Republic states must be published in the Federal Register and no such Citizen can be adversely affected or bound by a unpublished order. 9) As you are aware, such an order does not exist in truth and substance because it would violate several sections of the Constitution of the United States (i.e. the apportionment requirement for direct taxes, which the 16th Amendment did not repeal; the 5th Amendment due process clause; the requirement for just compensation, the prohibition against involuntary servitude, etc.). Because our Constitution is the supreme law of the land any law contrary to it would be null and void. U.S. Territories and other countries do not enjoy the same Constitutional protections and restrictions as the Citizens of the 50 Republic states. (Downs v. Bidwell, 182 U.S. 244, Hooven and Allisor Co. v. Evatt, 324 U.S. 674) 10) This is Constructive Notice that without a Delegation of Authority Order applicable to a particular Citizen and/or class of Citizens a lien, levy or seizure constitutes racketeering (punishable under RICO), conspiracy, grand larceny, grand theft, extortion, constructive fraud, mail fraud and conversion. Without a Delegation of Authority Order, you as agents, employees, directors and supervisors of the IRS are merely acting as unauthorized private citizens and, as such, are liable in your personal capacity or all damages inflicted upon such Citizen. 11) There are no implementing Part 1 Income Tax Regulations applicable to the individual income taxes in the Federal Regulations (CFR) for 26 USC 6321 or 6331 or any other Code section relevant to or authorizing any collection activities for Part 1 Income taxes. Therefore, there is no force of law and no civil or criminal penalties can be lawfully imposed. Part 301 is relevant to administrative procedures for Alcohol, Tobacco and Firearms and is only applicable to Title 26 if the 301 regulation provides a specific cross reference to another regulation relevant to a Title 26 Particular type of tax. Otherwise, Part 301 has no "force of law". "For federal tax purposes, regulations govern." - Lyeth v. Hoey, 305 U.S. 188, 59 S. Ct "...the acts and criminal penalties attach only upon violation of regulations promulgated by the Secretary; if the Secretary were to do nothing, the Act itself would impose no penalties on anyone...The government argues that since only those who violate regulations may incur civil and criminal penalties it is the regulations issued by the Secretary of the Treasury and not the broad, authorizing language of the statute, which is to be tested against the standards of the 4th Amendment [the Constitution]" Supreme Court - Texas Bankers Assoc. v. Shultz 416 US 25, 44, 39. 12) No Warrant of Distraint has been issued. I have been denied my 5th Amendment Right of Due Process of the Law as protected by the Constitution of the United States. A mere Notice of Lien-Levy is insufficient without a valid Notice of Distraint. This Notice of Distraint must be issued by a state court and signed by a de jure judge of such court. In law, no authority for issuing a Notice of Distraint exists for the nonfiling of a 1040 Form which is voluntary. See United States v O'Dell No. 10188, Circuit Court of Appeals, Sixth Circuit, March 10, 1947. 229k1781 INTERNAL REVENUE K. In general C.A. 6 1947 "The method for accomplishing a levy on a bank account is the issuing of warrants of distraint, making of the bank a party and the serving with [1] notice of levy [2] copy of warrants of distraint and [3] notice of lien." UCC Sec. 9-401 (26 USC 3690 and 3692) requires appearance in a state court prior to the issuance of a Warrant of Distraint. A denial of this constitutes a denial of due process of law. Also see Senate Report 1078. The supreme Court in G.M. Leasing Corp. v United States, 429 U.S. 338 (1977) held that a judicial warrant for tax levies was necessary to protect against unjustified intrusions into privacy. Further, said supreme court held that forcible entry by IRS officials onto private premises without prior judicial authorization was also an invasion of privacy. 13) Pursuant to the Federal Rules of Civil Procedure 64, no surety bond exists or has been issued. If you can provide evidence that you are operating a valid Delegation of Authority Order from the Treasury Department and an implementing Title 26, Part 1 Regulation promulgated by the Secretary of the Treasury, applicable to me, you have still committed the following Procedural Violations: 14) Pursuant to 26 USC 6331 (a), 26 CFR 301.6331 - 1 (4), I am not a Federal, State or Municipal Employee or an employee of the District of Columbia, or of any agency instrumentality thereof, or any of the persons defined in the Public Salary Act of 1939 (53 Stat., Chap. 59, Title I, Sec 1) who earn "gross income". I am also not a Seaman, a noncompetent Indian or any person upon whom the Secretary or the Assessment Officer has the authority to levy or lien. Further, I do not earn "wages" as such terms are defined in the United States tax laws. 26 USC 6331 (a) AUTHORITY OF SECRETARY "...Levy may be made upon the accrued salary or wages of any officer, employee or elected official of the United States, the District of Columbia or any agency or instrumentality of the United States or District of Columbia..." Levy and Distraint - 26 CFR 301.6331-1 (4) Certain types of compensation (i) Federal Employees. Levy may be made upon the salary or wages of any officer or employee (including members of the Armed Forces) or elected or appointed official of the United States, the District of Columbia or any agency or instrumentality of the United States or the District of Columbia who has control of payment or wages..." (ii) State and Municipal employees. Salaries, wages or other compensation of any officer employee or elected or appointed official or a State or Territory, or of any agency, instrumentality, or political subdivision thereof are also subject to levy to enforce collection of any Federal tax. (iii) Seamen...wages of seamen, apprentice seamen, or fishermen employed on fishing vessels are subject to levy. (5) Noncompetent Indians. Solely for purposes of sections 6321 and 6331, any interest in restricted land held in trust by the United States for an individual noncompetent Indian (and not for a tribe) shall not be deemed to be property belonging to such an Indian." Pursuant to 26 USC 6331 (b) "...a levy shall extend only to property possessed...at the time thereof." This would be applicable only to federal wages already in the possession of the federal Government. 15) Pursuant to 26 CFR 301.6201 and 26 USC 6201, No Collection Procedures can be instituted without a lawful, properly executed, valid assessment. 26 CFR 301.6201 (a) "The district director is authorized and required to make all inquiries necessary to the determination and assessment of all taxes imposed by the Internal Revenue Code of 1954 or any prior revenue law. 26 USC 6201. AUTHORITY OF SECRETARY. "The Secretary is authorized and required to make the inquiries, determinations, and assessments of all taxes (including interest, additional amounts, additions to the tax and assessable stamp at the time and in the manner provided by law. Such authority shall extend to and include the following: (1) TAXES SHOWN ON RETURN.-- "The Secretary shall assess all taxes determined by the taxpayer or by the Secretary as to which returns or lists are made under this title . (2) UNPAID TAXES PAYABLE BY STAMP..." Pursuant to the Parallel Table of Authorities, 26 USC 6201 comes under Title 27 (AFT) PARALLEL TABLE OF AUTHORITIES Table I--Authorities (cont.) CFR 6201..............................................27 Part 70 Further, 26 CFR 301.6201 (a) only authorizes the district director to make a "determination and assessment of all taxes imposed by the Internal Revenue Code of 1954 or any prior revenue law". There is no authority for making Determinations and Assessments for any Revenue law passed after 1954! The Internal Revenue Code of 1954, established by 19 Federal Register 6224, contained Parts I - 79 ONLY. Parts 301 and above were contained in Title 27, previously the Intoxicating Liquors and currently, Alcohol, Tobacco and Firearms. Part 301 and other parts were not brought into the Internal Revenue Code until 1966 and, according to a 'Publisher's Notice" added to the microfiche of 1954 Code of Federal Regulations: "No Federal Register citation covering this change was discoverable". 16) Pursuant to 26 U.S.C. 6203 and 26 CFR 301.6203-1, NO Summary Record of Assessment, obtained through supporting records has been issued or is referenced on my Individual Master File. 26 USC METHOD OF ASSESSMENT "The assessment shall be made by recording the liability of the taxpayer in the office of the Secretary in accordance with the rules and regulations prescribed by the Secretary. Upon request of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of assessment." 26 CFR 301.6203-1. "The district director and director of the regional service center shall appoint one or more assessment officers. The assessment shall be made by an assessment officer signing the summary record of assessment. The summary record, through supporting records, shall provide: identification of the taxpayer, the character of the liability assessed, the taxable period, if applicable, and the amount of the assessment. The amount of the assessment shall, in the case of tax shown on the return by the taxpayer, be the amount so shown...If the taxpayer requests a copy of the record of assessment, he shall be furnished a copy of the pertinent parts of the assessment which set forth the name of the taxpayer, the date of the assessment, the character of the liability assessed." Further, pursuant to 26 USC 6065 and 26 CFR 1.6065-1 [T.D. 6364, 2/13/59] is also mandatory that this Assessment and all other notices and demands be signed under penalty of perjury. If your agency is acting upon lawful authority there should be no hesitation in making such an attestment. 6065 states: "...Return(s), declaration(s), statement(s) or other document(s) required to be made under any provision of the internal revenue laws or regulations shall contain or be verified by a written declaration that it is made under the penalties of perjury..." 17) Pursuant to 26 USC 6303 and 301.6303, no properly executed Notice and Demand, as required by United States Tax Laws, has been served upon me. 301.6303-1 CFR "Notice and demand for tax. (a) Where it is not otherwise provided by the Code, the district director or the director of the regional service center shall, after the making of an assessment of a tax pursuant to 6203, give notice to each person liable for the unpaid tax, stating the amount and demanding payment thereof. Such notice shall be given as soon as possible and within 60 days..." "Internal Revenue Key 4957" "Taxpayers would be entitled to income tax refund if collection was effected by illegal use of liens and levies in absence of notice and demand from IRS". "Internal Revenue Key 4623" "Ability of Internal Revenue Service to present a computer generated printout reflecting that notice of demand has been sent to taxpayers on certain date does not establish irrebutable presumption that notice was in fact sent for purpose of statute providing that IRS must give notice to each person liable for unpaid tax within 60 days after making of assessment." 26 USCA 6303(a) United States v. Berman, 825 F.2nd 1053, 1056-10657 (6th Cir. 1987) If you have a copy of such a valid, subscribed and attested 26 CFR 301.6303 Notice and Demand, please provide me with a copy. Initiating lien or levy in the absence of a properly executed Notice and Demand for Tax by the IRS creates an "illegal use of liens". 18) Additionally, if levy is based upon a Deficiency, please provide a copy of such a Notice of Deficiency signed and attested to be made under lawful authority, under the penalties of perjury. Also provide the Proof of Registered or Certified mailing, pursuant to 26 USC 6212 and 26 CFR 301.6212. Also, please provide me with a copy of TDO-150-37. 19) If alleged deficiency is based upon calculations made on a Substitute of Return, pursuant to 26 CFR 301.6020-1 (2) (b) (2), please provide me with an actual copy of said "dummy" return with, pursuant to United States tax laws, the following statement shall be typed or printed at the bottom of the return: "This return was prepared and signed under the authority of Section 6020(b) of the Internal Revenue Code" and signed under penalties of perjury by the district director and a revenue officer or manager at GS-9 and above in the Service Center Collection branch. This is constructive notice that making a false or fraudulent return is a criminal offense pursuant to 7206 and 7207. The Delegation Order for filing a "Substitute For Return" on a national level, for 6020(b), is "Commissioner's Delegation Order 182". The authority for the orders as stated there is "301.6020-1(b) and 26 CFR 301.7701-9. Following are the only forms listed in the Delegation Order 182 that the Secretary or his delegate are authorized to file a Substitute for Return for: Form 941 (Employer's Quarterly Federal Tax Return) Form 720 (Quarterly Federal Excise Tax Return) Form 2290 (Federal Use Tax Return on Highway Motor Vehicles) Form CT-1 (Employer's Annual Railroad Retirement Tax Return) Form 1065 (U.S. Partnership Return of income) Form 11-B (Special Tax Return - Gaming Services) Form 942 (Employer's Quarterly Federal Tax Return for Household Employees) Form 943 (Employer's Annual Tax Return for Agricultural Employees As you are aware, all the above Forms are for corporate persons "made liable for" and required to file and those involved in gaming, excise and other "revenue taxable activities". The voluntary 1040 is NOT one of the Forms that the IRS is authorized to issue a Substitute of Return Form for. In the Levy Document you disclose the source of your authority as 26 USC 6331. In your purported authorities to levy on the back of the 668 Form you deliberately and fraudulently omitted 6331(a) which is entitled "AUTHORITY OF SECRETARY". Although the 668 Form states the cites provided are merely "excerpts", the intent of the disclosure was to establish your authority. Omitting non-relevant information may be an acceptable reason for having excerpts in a legal document. However, since the intent of these "excerpts" were to substantiate your authority, your deliberate and misleading omission and suppression of the extremely relevant Authority to levy, in 6331(a) was "an intentional and fraudulent perversion of truth for the purpose of inducing me to surrender my substance and property to you when, according to your own law, you knew that you had NO AUTHORITY to make such a levy on the property of a private Citizen engaged in an occupation of common right! Your willful concealment of that which should have been disclosed is deceitful and, when acted on, results in a legal injury to me. This suppression of truth unmistakably constitutes constructive fraud. Fraud: "An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right; a false representation of a matter of fact whether by words or by conduct by false or misleading allegations, or by concealment of that which should have been disclosed which deceives and is intended to deceive another so that he shall act upon it to his legal injury." Black's Law Dictionary 37 AM Jur 2nd Sec. 144: "Unquestionably, the concealment of material facts that one, under the circumstance, is bound to disclose may constitute fraud. Indeed, one of the fundamental tenants of Anglo-Saxon law of fraud is that fraud may be committed by a suppression of the truth (suppresso veri) as well as by the suggestion of falsehood (suggestio falsi)... Sec 146: "The principle in the law of fraud as it relates to nondisclosure is that a charge of fraud is maintainable where a party knowing material facts is under the duty, under the circumstance, to speak and disclose his information - but remains silent." This is Constructive Notice to you that the Internal Revenue Service has no legal or valid collection and enforcement jurisdiction by law over me or any other private Citizen of the Republic 50 states exercising an occupation of Common Right and not privilege. Any authority which you feel you may have is merely "presumptive" and not substantive or lawful and, when lawfully rebutted by the Citizen, is unenforceable as a matter of law. In Bothke v Fluor Engineers, 713, F. 2nd 1405 (1983), the U.S. Court of Appeals ruled that if a taxpayer has informed the IRS agent that he believes that there is an error in assessment and the agent continues levy action, without first determining if the taxpayers argument has merit, such agent loses his immunity from a suit. Further, your fraudulent attempt to appropriate my property and my substance from me without the authority of law, induced by a wrongful use of fear under the color of official right constitutes racketeering, conspiracy, conspiracy against the rights of Citizens, grand theft, larceny, conversion, extortion, misrepresentation, malfeasance under the color of law and trespass. Additionally, because you are utilizing the mails to perpetrate this fraud and extortion, your action constitutes mail fraud. All of these acts are subject to both criminal and civil prosecution in your personal capacity. If you are relying upon the Act of October 6, 1917 (56th Congress, Sess. 1, Chapter 106, pg 11 - the Trading with the Enemy Act) as amended March 9, l933 (73rd Congress, Chap. 1, Title 1, Sec. 2) as your authority for seizing my property, without due process of law , this is further Constructive Notice to you that I am exempt from such Act by virtue of Section of Section 2 (c) of such Act which has never been repealed. Further, such a conclusion would nullify the Act on the basis of unconstitutionality. Also to include me, a natural born Citizen of one of the 50 Republic states, as an enemy subject to property seizure would constitute treason pursuant to the Constitution Article III, Sec. 3, Cl. 1. Assessment Procedures and authority to issue "Substitute's for Returns" is specifically clarified and outlined in Chapter 5200 of the Internal Revenue Manual. CHAPTER 5200 - Delinquent Return Procedures: 5290: "Refusal to File -- USC 6020(b) Assessment Procedure" 5291: "Scope" (1) The procedure applies to employment, excise and partnership tax returns..." 5293: "Returns Prepared Under USC 6020(b)" 5293.1 "General...(1) If the taxpayer fails to file employment, excise and partnership tax returns by the specified date, the return should be prepared under the authority of USC 6020(b) using Form 5604, 6020(b) Action Sheet." 5293.3 "Signing Tax Returns. The following statement shall be typed or printed at the bottom of the return: "This return was prepared and signed under the authority of Section 6020(b) of the Internal Revenue Code. Do not assess failure to pay." 5445.I "...The revenue officer and/or managers at GS-9 and above in the Service Center Collection branch will be responsible for reviewing and signing returns prepared under USC 6020(b). 20) In response to the filing of a UCC-3, I was notified by the Secretary of the State that no lien or levy has been filed with the Secretary of the State as is required by law. The filing of a Notice of Lien - Levy, when in truth and substance no actual levy or lien exists, is a deliberate attempt to damage my credit and credibility and constitutes an improper use of lien - levy. 21) This is further Constructive Notice that any Notice of Lien - Levy which has been filed as a matter of public record containing my name, social security number and the nature of a purported tax liability is a blatant violation of the Unauthorized Disclosure Act (Dole v. United Steel Workers). 26 USC 6103 prohibits the disclosure of any of this information without my consent. Further, because you do not have a Delegation of Authority Order from the Department of the Treasury authorizing you to file Notices of Liens - Levies or to seize the property of Citizens of the 50 Republic states, you cannot claim you are operating under Official Duty. Pursuant to 26 USC 7431, you are liable for the greater of or actual punitive damages for each and every unauthorized disclosure violation. In William Shambling Account Corporation v Commissioner of Internal Revenue, 9th Circuit Court of Appeals, District of the Western United States, Shambling was awarded ,000 fir 55 unauthorized Notices of Lien - Levy filed with the County Recorder. To understand Levy, Seizure and Distraint Laws it is relevant to understand the "Stamp Tax" which is still the basis of all of the Internal Revenue Code sections relevant to "Collections". Under the Stamp Tax, bonded Collection Agents sell importers and exporters "tax stamps" which are affixed to their goods before they can be sold. It was and is these items subject to the stamp tax which were and still are 'the property upon which the tax is imposed', which are lawfully subject to seizure. Those items which are subject to seizure are only those items related to the taxes imposed in Subtitle D and E 26 USC 7301, and 7303 and are defined as: "Any property on which...any tax is imposed by this title..." A Citizen's private property, including (but not limited to) his home, his car, his bank account and his pay check is NOT the lawful subject of seizure under any United States Tax Law. Such a seizure constitutes theft and conversion and any agent who is a party to such a fraud becomes liable to prosecution in his or her personal capacity. According to the "Handbook for Revenue Agents", paragraph 332: (1) "During the course of administratively collecting a tax, an occasion may arise where service of a levy or a notice of levy is not adequate to seize the property of a taxpayer. It cannot be emphasized too strongly that constitutional guarantees and individual rights must not be violated. Property should not be forcibly removed from the person of the taxpayer. Such conduct may expose a revenue officer to an action in trespass assault and battery, conversion, etc." Supreme Court, Larson v Domestic and Foreign Commerce Corp. 337 US 682 (1949) Therefore, I am asking you once again: Remove me from your harassment mode; remove the Notices of Lien - Levy if you have filed one with the Dallas County Clerk. Revenue Ruling 57-576 goes on further to state that such taxes collected are considered overpayment and may be refunded to such foreign Citizen. See section 36.3121(1) (7)-1 and, as a reminder: Pursuant to 28 USC 2410, 26 USC 7421, 26 CFR 301.7421, 26 USC 6326, CFR 301.6326 and 26 USC 7430, 26 CFR 301.7430, S6 USC 7431, 26 CFR 301.7431, 26 USC 7422, CFR 301. 7422 and United States Tax Laws, this Claim for Relief from the attached erroneously filed purported Notice of Intent to Lien - Levy or Notice of Lien - Levy and a demand that all collection activities be immediately stopped and a Release of Levy/Lien be subscribed and issued on the grounds of "Violations of Congressionally - Mandated Procedures" during the administrative assessment - collection process, constituting an unenforceable and "Illegal Use of Liens and Levies", and a "Denial of Due Process of the Law." This letter shall constitute an exhaustion of administrative remedies prior to a lawsuit against you. 22) So, Ms. FITZGERALD, YOU HAVE HAD YOUR SIX MONTHS TO REPENT OF THE THEFT OF MY FUNDS AND YOU HAVE REPENTED NOT just do the right thing and enter Transaction Code 591 and Code MFR-01 with the appropriate closing codes for the account that you allege is mine as I have nothing to do with your agency. Return the .56 you stole from our account at Security Bank Garland, Texas on June 17, 1996. Process my 1992, 1993,1994 and 1995 over payment of taxes and return to me the money you owe me. Do not ask me ever again to sign one of your uncounsciousable fraudulent contract the 1040 Label (codicil) Form (which is the wrong form for the 1.1-1 income tax it should be the 2555 form per the O.B.M. number assigned) under 28 USC 1746 (2) do not ever again invade my privacy and leave me in peace. So you will know your area of jurisdiction see FRCP 54, which does not include me. 23) I am not a citizen as defined under the 14th amendment neither am I a register voter that claims to be a United States citizen. I am a Citizen as defined under the 11th amendment and reserve my right to trial under the 7th amendment of the Constitution of the United States of America and Article 1 Section 19 of the Texas Constitution. Under the law of the land (the common law) under which there is no statue of limitation for damages. 24) I, Ralph Kenneth: Evans has a SUBSTANTIVE RIGHT to LIFE, LIBERTY and PROPERTY. The Rules cannot impair the RIGHT pursuant to 28 USC 2072(B). Indeed, Miranda v. Arizona, 384 US. 436 establishes that where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. My RIGHTS HAVE BEEN abrogated by you in the theft of my property. 25) Uncontested allegations in an affidavit must be accepted as fact (Morris v. National Cash Register 44 SW 2nd 433). I reiterate all my previous uncontested affidavits (including the waiver of tort) sent to the INTERNAL REVENUE SERVICE verbatim. 26) I am not an expert in the law; however, I do know right from wrong. If there is any human being damaged by any statements herein, if he will in form me by facts I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained and proceedings justly determined. If the parties given notice by means of this document have information that would controvert and overcome this Affidavit, please advise me IN WRITTEN AFFIDAVIT FORM within thirty (30) days from receipt hereof providing me with your counter affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, that this Affidavit Statement is substantially and materially false sufficiently to change materially my status and factual declarations. Your silence stands as consent to, and tacit approval of, the factual declarations herein being established as fact as a matter of law. May the will of our Heavenly Father (Yahweh), through the power and authority of the blood of His Son (Yahshua) be done on earth as it is in Heaven. Signed, sealed, and verified under the law of God, James 5:12, first and foremost, and the law of man, 28 USC 1746 (1), when there is no conflict accepting the pains and penalties of perjury. Ralph Kenneth: Evans This_____ Day of the _______ Month 1997 AD. General Delivery Garland Post Office Garland, Texas North America Service by DELIVERY of REGISTERED MAIL #________________________ TO: SCOTT, BOOTH, OLSON, FITZGERALD AND HUNTER. INTERNAL REVENUE SERVICE 9500 FOREST LANE DALLAS, TEXAS 75243 ON THIS______ DAY OF THE_______ MONTH 1997 AD. ___________________________ BY Ralph Kenneth: Evans Title of Land April 1, 2001 Title of Land In the Commercial State of Texas and the republic signed and sealed County of Dallas To whom it may concern: I, me, Ralph Kenneth: Evans family, a man, a living soul make claim of title to a parcel of land being part of a land Patten recorded in the land records of the county of Dallas and of Texas described and according to tile revised map recorded in Volume 86218, Page 3007 of the map records of county of Dallas in a land known as Texas, described by Metes and Bounds as follows: Beginning at a 1/2 inch Iron Rod Set for corner in the West line or Mallard Park at the Northeast corner of Lot 6; THENCE South 00 degrees 01 minutes 36 seconds West along said West line, 45.39 feet to An x set in concrete for corner, said point being in a cul de sac curve to the left having a radius of 50.0 feet, a central angle of 61 degrees 00 minutes 01 seconds and a chord bearing a distance of South 29 degrees 31 minutes 16 seconds West, 5075 feet; THENCE along said curve to the left, an arc length of 53.23 feet to a point for corner, the Southeast corner of said Lot 6; THENCE South 89 degrees 01 minutes 46 seconds West along n South line of Lot 6. 106.84 feet to an angle point for corner; THENCE South 45 degrees 50 minutes 51 seconds West, 80.01 feet to a point for the Southwest corner of said Lot 6; THENCE North 00 degrees 36 minutes 05 seconds West along the West line of Lot 6 and the East line of the City of Dallas Lake R Hubbard Lake line, 62.09 feet to 1/2 inch Iron Rod Set for the Northwest corner of same; THENCE North 45 degrees 50 minutes 51 seconds Last along, a northwest line of said Lot 6, 122.11 feet 1/2 inch Iron Rod Found at an angle point for corner in same: THENCE South 89 degrees 58 minutes 24 seconds East along a North line of Lot 6, 102.30 feet to the Place of Beginning and containing 14,314 square feet or 0.33 of an acre of land. If any party has cause to dispute my title to the herein described private land they must do so within thirty days or forever hold their silence. Executed and Certified true, correct and complete this ___ day of March, two thousand and three. In the Commercial State of Texas and the republic signed and sealed County of Dallas Ralph Kenneth: Evans family, known by me or made known by proper identification does hereby state that he acknowledges by execution of above signature that he has executed his claim to title of herein described land by his own free act and deed and will so state if called for testimony in any Court of competent jurisdiction this ___ day of March 2003. Notary Seal . [Void Judgment] April 13, 2003 CASE NO. 96-03041-A IN THE DISTRICT COURT OF THE STATE OF TEXAS DALLAS COUNTY, TEXAS Ralph-kenneth, evans, Plaintiff v. JUDGE CANDACE TYSON, defendant PETITION / APPLICATION FOR A BILL OF REVIEW IN THE NATURE OF A COLLATERAL ATTACK TO VACATE A VOID JUDGMENT BY DECLARATION I, Ralph-kenneth, evans and all derivatives thereof, a man, living soul, Citizen/sovereign, Kemper v. State, 138 S. W. 1025, page 1043, Declarant, declare that I am competent to testify, that I am over the age of twenty-one, that the following facts stated are true and correct, and if I am called to testify in a court of proper venue and jurisdiction, I will so declare. 1. Ralph-kenneth, evans, an aggrieved party, having exercised due diligence to avail himself of all adequate administrative remedies, petitions this Court for vacation of a void judgment. Copies of the judgments are in the Court record. 2. The Order of the Court is void on its face, a nullity, and of no legal effect. The paper/order was allegedly fixed in law by Judge of Said Court in collusion with JUDGE CANDACE TYSON, Attorney ROBERT GREEBERG and other criminal Persons having no judicial authority to issue said order, rendering it a nullity, utterly void and unenforceable for lack of subject matter jurisdiction. Judges must take oaths, Texas Constitution Art. XVI, Section 1(c)(oath of office), (d)(anti-bribery oath). Failure for upholding their oath subscribed by the Constitution of Texas, one cannot sit either as a de jure or de facto judge, and their acts as such are void, see the principal of Law as quoted in Preito Bail Bonds v. State, 994 S.W. 2d 316 (Tex.App. Dist.8 05/27/1999). ARGUMENT AND AUTHORITIES 3. A void judgment is one rendered when a court has no jurisdiction over the parties or subject matter, no jurisdiction to render judgment, or no capacity to act as a court. A party affected by void judicial action need not appeal, see the principal of Law as quoted in State ex rel. Latty, 907 S.W.2d at 486. A void judgment is a nullity from the beginning, and is attended by none of the consequences of a valid judgment. It is entitled to no respect whatsoever because it does not affect, impair, or create legal rights. See the principal of Law as quoted in Ex parte Seidel, 39 S.W.3d 221, 225 (Tex. Crim. App. 2001). A Void Judgment Is a Void Judgment Is a Void Judgment - Bill of Review and Procedural Due Process in Texas, 40 Baylor L. Rev. 367, 378-79 (1988). See the principal of Law as quoted in Thomas, 906 S.W.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). A void judgment may be attacked at any time by a person whose rights are affected. See the principal of Law as quoted in El-Kareh v. Texas Alcoholic Beverage Comm'n, 874 S.W.2d 192, 194 (Tex. App.--Houston [14th Dist.] 1994, no writ); see also Evans v. C. Woods, Inc., No. 12-99-00153-CV, 1999 WL 787399, at *1 (Tex. App.--Tyler Aug. 30, 1999, no pet. h.) A void judgment is a nullity and can be attacked at any time, Deifik v. State, No. 2-00-443-CR (Tex.App. Dist.2 09/14/2001). A void judgment is a nullity from the beginning, and is attended by none of the consequences of a valid judgment. It is entitled to no respect whatsoever because it does not affect, impair, or create legal rights. Since the trial courts order was void, it may be attacked either by direct appeal or collateral attack; see the principal of Law as quoted in Ex parte Williams, No. 73,845 (Tex.Crim.App. 04/11/2001). A void judgment is a nullity from the beginning, and is attended by none of the consequences of a valid judgment. It is entitled to no respect whatsoever because it does not affect, impair, or create legal rights, Ex parte Spaulding, 687 S.W.2d at 745 (Teague, J., concurring). Since the trial courts order is void, it may be attacked either by direct appeal or collateral attack. See Ex parte Shields, 550 S.W.2d at 675. A void judgment can be collaterally attacked. See the principal of Law as quoted in Glunz v. Hernandez, 908 S.W.2d 253, 255 (Tex. App.-San Antonio 1995, writ denied); Tidwell v. Tidwell, 604 S.W.2d 540, 542 (Tex. Civ. App.- Texarkana 1980, no writ finding that a void judgment may be collaterally attacked by a suit to set aside the judgment after it has become final if such void judgment becomes material). A collateral attack is any proceeding to avoid the effect of a judgment which does not meet all the requirements of a valid direct attack. See Glunz i.d. supra. There is neither a set procedure for a collateral attack nor a statute of limitations. See Glunz i.d. supra; Davis v. Boone, 786 S.W.2d 85, 87 (Tex. App.-San Antonio 1990, no writ). A judgment is void if it is shown that the court lacked jurisdiction 1) over a party or the property; 2) over the subject matter; 3) to enter a particular judgment; or 4) to act as a court. Jurisdiction could not be conferred by waiver or retroactively, see the principal of Law as quoted in ELNA PFEFFER ET AL. v. ALVIN MEISSNER ET AL. (11/23/55) 286 S.W.2d 241. Strictly speaking a void judgment is one which has no legal force or effect whatever. It is an absolute nullity and such invalidity may be asserted by any person whose rights are affected, at any time and at any place. It need not be attacked directly, but may be attacked collaterally whenever and wherever it is interposed. Where a void judgment has been rendered and the record in the cause, or judgment roll, reflects the vice, then the court has not only the power but the duty and even after the expiration of the term to set aside such judgment. See the principal of Law as quoted in Harrison v. Whiteley, Tex.Com.App., 6 S.W.2d 89. This court in Neugent v. Neugent, Tex.Civ.App., 270 S.W.2d 223, followed and applied the rule announced in the Harrison-Whiteley case. The Supreme Court, speaking through Folley, Commissioner, in Bridgman v. Moore, 143 Tex. 250, 183 S.W.2d 705, at page 707, said: The court has not only the power but the duty to vacate the inadvertent entry of a void judgment at any time, either during the term or after the term, with or without a motion therefor. A void judgment has been termed mere waste paper, an absolute nullity; and all acts performed under it are also nullities. Again, it has been said to be in law no judgment at all, having no force or effect, conferring no rights, and binding nobody. It is good nowhere and bad everywhere, and neither lapse of time nor judicial action can impart validity. See the principal of Law as quoted in Commander v. Bryan, 123 S.W.2d 1008, (Tex.Civ.App., Fort Worth, 1938). Also, a void judgment has been defined as one which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at anytime and at any place directly or collaterally. See the principal of Law as quoted in Blacks Law Dictionary; Reynolds v. Volunteer State Life Ins. Co., 80 S.W.2d 1087, (Tex.Civ.App., Eastland, 1935, writ ref.); Gentry v. Texas Department of Public Safety, 379 S.W.2d 114, 119, (Tex.Civ.App., Houston, 1964, writ ref., n.r.e., 386 S.W.2d 758). It has also been held that It is not necessary to take any steps to have a void judgment reversed, vacated, or set aside. It may be impeached in any action, direct or collateral. See the principal of Law as quoted in Holder v. Scott, 396 S.W.2d 906, (Tex.Civ.App., Texarkana, 1965, writ ref., n.r.e.). REMEDY SOUGHT 4. The orders ender by Judge of said Court in collusion with JUDGE CANDANCE TYSON and ROBERT M GREENBERG, and other criminal Persons is void on its face. Therefore the Court has the duty to vacate all orders, the jail sentence and restoring to Ralph-kenneth, evans his Liberty and additionally vacating all Orders, Judgments, and Decrees based on the Courts Lack Of Subject Matter Jurisdiction. With the agreement to leave alone Ralph-kenneth, evans, now and forever, and recovery of all sums paid by or taken from as well as compensation for time spent falsely imprisoned along with statutory interest, the cost of bringing this action and any and all other damages cause me, Ralph-kenneth, evans. Dated this (nnth), day of the (nnth) month in the year of our Lord and Savior, Two Thousand (200n) A.D. Prepared and submitted pursuant to Title 28 USC 1746 (1) by: Ralph-kenneth, evans this (nnth) day of the (nnn) month in the year of our Lord and Savior, Two Thousand (200n) A.D. Mailing Location: C/O Xxxxx Xxxxxxx Post office of the States united City, Texas state Certificate of Service A true copy of this PETITION / APPLICATION FOR A BILL OF REVIEW IN THE NATURE OF A COLLATERAL ATTACK TO VACATE A VOID JUDGMENT BY DECLARATION is mailed to the DISTRICT COURT CLERK JIM HAMLIN 600 Commerce St., Dallas Texas this (nnth), day of the (nnn) month in the year of our Lord and Savior, Two Thousand (200n) A.D. By me: _____________. Reference Material Posted April 20, 2003 A Certificate of Release of Federal Tax Lien IRS Department of the Treasury Internal Revenue Service Publication 1450 (Rev. 4-2001) Catalog Number 10665H To obtain and actual copy (in pdf format) Request copy from wtplc@lycos.com Section 6325(a) of the Internal Revenue Code directs us to release a Federal Tax Lien after a tax liability is paid in full or legally unenforceable. We also must release a lien when we accept a bond for payment of the tax. Instructions on Requesting A Certificate of Release of Federal Tax Lien Section 6325(a) of the Internal Revenue Code directs us to release a Federal Tax Lien after a tax liability is paid in full or legally unenforceable. We also must release a lien when we accept a bond for payment of the tax. If we haven't released the lien within thirty days, you can ask for a Certificate of Release of Federal Tax Lien. Send your written request with any required documents to: Area Director of Internal Revenue Service (Address to Area Office where the lien is filed) Attention: Technical Support Manager Your request must contain the following Information: A. The date of your request; B. The name and address of the taxpayer; C. One copy of each Notice of Federal Tax Lien you want released.; and D. Why you want us to release the lien. If you've paid the tax, please enclose a copy of either of the following: 1. An Internal Revenue Service receipt: 2. A canceled check; 3. Any other acceptable proof of payment Please include a telephone number with the best lime for us to call you if we need additional information. We may need to research your account to confirm you no longer have a liability. We will provide a release once we have verified the status of your account. For an Immediate or urgent Certificate of Release of Federal Tax Lien, visit or telephone the area office that filed the Notice of Federal Tax Lien. Be prepared to show proof of payment. You can pay any unpaid tax with a certified check, cashier's check, or money order to receive a release. IRS Department of the Treasury Internal Revenue Service Publication 1450 (Rev. 4-2001) Catalog Number 10665H [For The Record] May 15, 2003 FOR THE RECORD: This matter is in chambers. The commercial agents, officers of the STATE have made a fraudulent commercial claim against my copyrighted Character. Judge, I am accepting Case # # # # # # with all attachments. There are no facts in dispute. Case # # # # # # # is being returned to you with all attachments for closure and discharge. Equality under the Law is PARAMOUNT, and Mandatory by law. I declare myself competent. I declare the commercial agents and all officers of the STATE incompetent all of the commercial agents and officers of the STATE involved with this claim are FIRED. Release the voucher to me immediately. [Bond Cover Letter] May 16, 2003 COMPANY NAME, officers, heirs, agents and assigns, P.O. Box 920000 Dallas, TX. FEDERAL ZONE # 78000 Subject: Claim Number: 10 0000 0000000000 00 Greetings; Take Notice: You will find enclose a bond, a public check and a private check. You may process one the other two must be return to me with cause. If you process the private check it is agreed by you to be in accord with our contract/agreement for use of my private property my copyright. _____________________ owner. [Bond Notice and Demand] May 16, 2003 Bond to discharge debt for claim number 10 0000 0000000000 00 We, and I Ralph Kenneth, family of Evans, principal, as surety, is held and bound to pay COMPANY NAME , the sum of .50, unless the said debtor RALPH EVANS (Copyright) shall satisfy any debt which may be recovered against him by the alleged said creditor COMPANY NAME , for the alleged claim against said debtor RALPH EVANS (Copyright) for .50, returnable to COMPANY NAME , P.O. Box 920000 Dallas, TX FEDERAL ZONE # 78000. This 15th day of May 2003 by me Ralph Kenneth, family of Evans, owner, principal, surety, the man. debtors signature: RALPH EVANS (Copyright) copyrighted fiction. Surety signature: _______________________________ Seal: ORDER Negotiate this item through the back office for settlement via the pass through account at the treasury window under public policy for discharge of debts in accordance HJR 192 June 5, 1933; 73rd Congress, 1st Session. Charge account numbers B00000 and/or B000000. This 16th day of May, 2003. ____________________ seal Service by private carrier: Attachment(s): Acceptance MEMORANDUM WITH POINTS AND AUTHORITIES - NOTICE AND DEMAND - LETTER OF ADVICE MEMORANDUM WITH POINTS AND AUTHORITIES - NOTICE AND DEMAND- Pertaining to the Public Fraud, Law, Money and Commercial Liens COMPANY NAME , officers, heirs, agents and assigns, P.O. Box 920000 Dallas, TX. FEDERAL ZONE # 78000 Subject: Claim Number: 10 0000 0000000000 00 Greetings; Take Notice: 1. That, prior to 1938, all U.S. Supreme Court Decisions were based upon what is termed: "Public Law" or that system of law that was controlled by Constitutional limitation. After 1938, all U.S. Supreme Court Decisions are based on "Public Policy" concerning commercial transactions made under the "Negotiable Instrument/bond Law," as a result of the U.S. Bankruptcy as declared by President Roosevelt on March 9, 1933 and codified at 12 U.S.C.A. 95a. and by Executive Orders. This bankruptcy caused the change from "Public Law" to "Private Commercial Law" and was recognized by the Supreme Court in Erie v. Tompkins, (1938). After that case, all the procedures of Law were officially blended with procedures of Equity. 2. That, the Negotiable Instrument/bonds Law is a branch of the "International Law Merchant," which is now known as the "Uniform Commercial Code," (UCC) that was 'drafted' and made uniform, and "adopted in whole or substantially by all states." Black's Law Dictionary, Sixth Edition - page 1531. Thus the several states were and are bound into commercial agreements to the federal United States under the Uniform Commercial Code. 3. That, the several (now 50) States accepted the "benefits" of federal grants offered by the Federal United States as the "consideration" of a commercial agreement between themselves. Under the agreement the States (Conference of Governors, March 6, 1933) pledged their full faith and credit and agreed to obey the dictates of Congress, and assume their portion of the National Debt, collected as "your fair share," as an example, in the nature of the unlawful income tax, wherein the IRS operates and collects such 'taxes' under the same UCC. 4. That, this system of Negotiable paper has bound all corporate entities (cities, municipalities, counties, etc.) of government together to the process/system of the Commercial Venue of Commercial Law as expressed and exercised within the Commercial Lien Process. This nationwide Commercial "bond" also altered the original (law) status of the Courts to nothing more than "administrative tribunals" merely administering the bankruptcy (private policy) of debt collection for the Creditors. 5. That, by and through the bankruptcy, the UCC, and other acts, Congress in failing to uphold its constitutional duty to provide a lawful medium of exchange (i.e., "money" backed by silver and gold, or minted coin pursuant to Article 1, section 8, clause 5) have by these various "Acts" created an abundance of this new type of money called commercial credit money to circulate within the Legislative democracy called the United States...of which "they" are not bound by Constitutional law and limitation. 6. That, the Commercial Law Venue, compelled upon the people a forced "benefit" of "limited liability for the payment of debt" by the "use" of federal reserve notes (debt instruments) wherein "YOUR" debts are only discharged, (not paid) in the form of interest-bearing Negotiable Instrument/bonds (federal reserve notes). "There is a distinction between a debt discharged and one paid. When discharged the debt still exists, though divested of its character as a legal obligation.." Stanek v. White, 215 NWR 781 (1927). Federal reserve notes are only evidence of debt owed to the Federal Reserve Bank and Federal Reserve Notes are a commercial lien on the Federal Reserve Bank. 7. That, since 1933, by the acts of the Bankruptcy and the UCC, the Law has been tainted, or "colored," (i.e., color of law) as it were, because the commercial law is operated in conjunction with the Negotiable Instrument/bonds Law, wherein the Federal Government by and through the Bankers, can/have declared that a 'piece of paper' has and represents value. Albeit that there is no substance (gold or silver) backing the 'piece of paper,' which the Federal Reserve Bank of Chicago in it's publication "Modern Money Mechanics," page 3, has in fact declared the use of these debt instruments (federal reserve notes) a "confidence" game. The substance of the Law (property) (i.e., gold, silver, etc.) has been removed, like the substance that is the basis of money, accordingly, LAW like MONEY becomes a fiction, make-believe! Therefore, in the U.S.A., by and through the UCC, all contracts, agreements, (implied, or otherwise, etc.), applications, permits, etc. where the "colorable" consideration (federal reserve notes) was passed in those 'contracts,' etc., all such contracts are then also "colored" and are not genuine, for no lawful consideration (gold or silver) was paid by either party to the contract to, by Law, pass both the "possession and the property" to the lawful Buyer. See - Bouvier's Dict. of Law, 1839, "TITLE," definition #5. "The lawful coin of the United States will pass the property along with the possession." 8. That, today, all our "courts" (sic) sit as Non-Constitutional-Non-Article III-Legislative Tribunals administering the bankruptcy through 'their' statutes which are in reality "commercial obligations" for the BENEFIT OR PRIVILEGE OF DISCHARGING YOUR DEBTS WITH THE LIMITED LIABILITY OF THE FEDERAL RESERVE MONOPOLY 'COLORABLE' MONEY NOTES! 9. That, under the current "colorable" legal system, the de-facto (we just do it) legislature has created "colorable" rights called privileges, imposes duties, lays down rules of conduct, and the legislative tribunals declare the same as "rights." These privileges are granted and given upon the peoples' voluntary act of asking "permission," then upon providing any colorable consideration (payment = discharge) the people then come under the administrative jurisdiction of Commercial Law. 10. That, today, in AMERICA, everyone, all governments included, are statutory law merchants dealing in negotiable paper (instruments) under the UCC for the limited liability for the discharge of debts, wherein a debt remains (fraud) and nothing else! The so-called "judges" are operating only a commercial tribunal to administer their "corporate" regulations concerning all financial transactions...both voluntary and those compelled. 11. That, ALL DEBTS are satisfied by one or both of two ways, a payment, or a promise to pay. Every payment is by substance, and every promise to pay is accomplished by a currency or paper which is technically known as commercial lien. The satisfaction of the debt by providing substance is called "paying the debt." The satisfaction of the debt by a written or printed promise to pay the debt is called "discharging the debt." All debts are "paid" by substance. All debts are only "discharged" by CURRENCY, POCKET MONEY NOTES, OR OTHER COMMERCIAL LIENS ( Negotiable Instrument/bonds, i.e., Commercial Lien Security/Asset, i.e., UCC 1 Asset). 12. That, all paper money consists of NOTES which declare a debt or obligation and which promise or demand payment. All such evidences of debt or obligations are technically known as COMMERCIAL LIENS. Such 'notes' includes currency, for example, federal reserve notes, checks, drafts, conditional checks, notes of exchange (paper money/instruments between banks). 13. That, a Federal Reserve note is a commercial lien on the Federal Reserve Bank. A personal check is a commercial lien on the bank account of the maker of the check (cheque). A draft is a check (cheque) with a conditional agreement printed above the place of endorsement on the backside of the draft. A "note" of exchange is a commercial lien between the banks consisting of one bank demanding payment (discharge) from another bank. A personal check (cheque), while passing between banks, as a note of exchange, is a commercial lien. 14. That, bank accounts are backed (supported) either by substance money or by paper money, or by both. The substance money is called collateral. The paper money can be currency (for example, paper money notes), a loan of credit from the bank, or checks or other paper money as such, are commercial liens, received from other sources. Therefore the "property" declared/pledged or claimed to secure the obligation, and damages, is the collateral by and through the Commercial Lien process, which establishes (creates) the credit called commercial credit money. 15. That, valid "credit" currency (commercial lien) can be established by making a valid claim of debt (based on a damage or injury) by an affidavit in the form of a 'private security agreement' (and other related documents) and by allowing the lien to mature in three (3) months (90 days) into an accounts receivable (under commercial law) by the failure of the lien debtor to contest the 'agreement/lien' by answering or rebutting, by his affidavit, on a point for point basis. 16. That, a lien must contain 1) the names of the party/parties, claimants, and debtors. 2) an affidavit stating the events which created the obligation. 3) a ledger giving a one-to one correspondence between events and their values. 4) a list of property pledged or claimed to secure the payment (discharge) of the obligation, and 5) any evidence or exhibits in support of the claims made against the debtor. 17. That, the primary method of establishing a COMMERCIAL LIEN currency/paper/ Negotiable Instrument/bond is to combine, 1) a promise to perform. 2) a claim of breach/damage /injury/fraud, etc., and 3) a three month (90 day) default to challenge or rebut the claim/lien on said point for point basis. 18. That, Commercial Lien/value/currency can be in the form of a bank check (cheque), a draft, a UCC 1 Security, and its partial assignments... that pass, and are accepted, or circulate 'as' credit money. 19. Therefore, the "people," operating in their private capacity, by and through the remedy provided in the Uniform Commercial Code, pursuant to their collective sovereign capacity, upon injury or damage, may as a matter of right, proceed to utilize the Commercial Law venue against the agents of governments, their creations (corporations) and its officers (accountability = liability) to arrive at the truth and secure damages by the Commercial Lien process (to create & establish the damages in the form of UCC "money," i.e., a security, an asset, and liability) supported by the full faith and credit of the United States Federal Government under the Commercial Law and the UCC... America's Federal (and State) Common Law. 20. That, in the Commercial Venue, TRUTH is sovereign, and the sovereign must always tell the TRUTH. CAVEAT Upon receipt of this Memorandum of Points and Authorities - Notice and Demand, to the intended party, private service, as either a 'Public Servant' who by "Oath of Office" or duty as an "Officer" of a government created corporation, municipality, etc., and/or by and through your "superior knowledge of the law," you have 15 days to review and correct any errors within the Memorandum and respond as to any corrections to the enumerated points herein. Failure to do so within the 15 days, allowing up to three days grace for mail delivery, will place you and your office in default, and the presumption will be taken upon the public record that you and your office fully agrees to the points and authorities contained within this Memorandum and that they are true, correct and certain. (F.R.C.P. 8d) Notice to Principal is Notice to agent and Notice to agent is Notice to Principal. Service by private carrier to COMPANY NAME office located on Northwest Drive in the city of Garland in the land of Texas. this 16th day of May, 2003 Respectfully: Surety ______________, the man. seal Mailing Location Exact: Notary Public 3300 broad Blvd. Number 000 Garland, Texas 75000 Attachment(s): BONDS, Acceptance LETTER OF ADVICE LETTER OF ADVICE NOT SUBJECT TO NEGOTIABILITY - - ACCEPT Re: claim number 10 0000 0000000000 00 Attn: COMPANY NAME , officers, heirs, agents and assigns, P.O. Box 920000 Dallas, TX. FEDERAL ZONE # 78000 Re: Notice - Processing of Bond for discharge of debt (BA Time Draft) Date: on or before May 29, 2003 I am in receipt of the attached offer requesting payment. Enclosed please find another bond (BA - Time Draft) the processing of which will discharge the entire current amount on the claim herein accepted for value. This Negotiable Instrument/bond is presented under the authority of Public Law 73-10 UCC 3-104(c), Spencer v Sterling Bank, 63 Cal Ap 4th 1055 (1998), Guaranty Trust Co. Of New York v Henwood et al, 59 S.Ct. 847, and Witkin Negotiable Instrument/bonds, Vol 3 (2001 Supplement) on the undersigned UCC Contract Trust Account. Following are the steps required to settle this account. This is not a Treasury / Bond Account. 1. The enclosed Negotiable Instrument/bond is hereby presented and the following process must be followed to the letter in order to satisfy the claimed amount due on this account and discharge of this debt. 2. My Personal Direct Treasury Trust (UCC Contract) Account has been set up at the Department of the Treasury and may only be accessed with my approval through the bank account of the Claimant directly to the Secretary of the Treasury. The original Negotiable Instrument/bond/bond must be presented by Claimants financial institutional via Registered or Registered Mail directly to the Secretary of the Treasury - Department of the Treasury Bank (Federal Window), 1500 Pennsylvania Ave NW, Washington, D.C. 20220, Attn: John Snow. 3. The Item Processor at Claimant's financial institution, with full identification and Bailee (Authorized Agent) signature, is to present original, the Negotiable Instrument/bond/ along with the Instruction Notice and the stamped Claim to the Secretary of the Treasury - Department of the Treasury Bank at the above address. 4. Claimant*s financial institution is to retain the document copies and request that a copy of the Return Receipt from the Federal Window be supplied to them noting the date the original Negotiable Instrument/bond was received at the Federal Window in accordance with Public and Banking Policy. For out of state transactions the UCC and Banking Codes stipulate fifteen (15) days. 5. The copy of the Negotiable Instrument/bonds is to be held at the financial institution until the required period for the Federal Window, Regulation J and Federal Reserve, Reg Z - Truth in Lending, 12 USC Section 2261 et seq, the Order / Property has passed. Then the full-faced amount of the Negotiable Instrument/bond is automatically released by the local financial institution for credit to Claimant*s account and discharge the claim. 6. If the Secretary of the Treasury (Drawee) sends notice in writing of some error or problem please notify the undersigned immediately upon receipt of such Notice and the matter will be addressed with the Department of the Treasury Bank and the Federal Window. You will be notified of the corrective action taken. 7. I hereby request that you notify me, the undersigned when the time period for the Federal Window and the Federal Reserve under Regulation J and Regulation Z has transpired and the account has been adjusted. Thank you for your cooperation in getting this account settled and the claim discharged. _______________ Ralph Kenneth: Evans, Owner the man. For your authority see: BANK ONE NATIONAL ASSOCIATION VS ROBERT WARD at al Case No. 2001-31518-CICI IN THE CIRCUIT COURT, 7TH CIRCUIT VOLUSIA COUNTY, FL Attachment(s): BONDS MEMORANDUM WITH POINTS AND AUTHORITIES - NOTICE AND DEMAND- Service: By private carrier this 16th day of May, 2003 [Full Disclosure] May 30, 2003 Non-negotiable Notice of Acceptance and Demand for Full Disclosure Commerce operates in truth; demand for truth is made of all parties for full disclosure this date ____ 2003. I am in receipt of your papers in which you allege to be a _____________ dated 00/00/03 regarding my non-commercial COPYRIGHT. I accept your paper. Non-Negotiable Notice that all papers for offer of contract for use of my copyright is accepted per the terms of said offer and per the terms of copyright contract. Non-negotiable notice and demand for full disclosure for the following; You failed to include your check. You failed to include your License. You failed to include your Bond or the name and location of your Bonding Agent, if the Bond was not posted in cash. If the Bond was posted in cash, you failed to enclose a copy of your receipt. Supply these items to me immediately within ten days. I, me explicitly reserve all of my Rights. Notice to the agent is notice to the principal applies to this notice. Notice to the Principal is notice to the agent applies to this notice. By me, addressee____________ living soul, principal and holder in due course. _______________________ Service by CERTIFICATE OF MAILING Form 3817 _____ day of ______ Two thousand three A.D. to Issuers by me Addressee :____________________ A suggestion. When you go into the court next time. When the court opens: Then state - FOR THE RECORD - Judge, I am accepting Case #___________ and there are no facts in dispute. I have returned all the paper including the case # ____________ to you for closure and discharge. Equality under the Law is PARAMOUNT, and I hereby declare myself competent. (Then have a list of all the people who have written this charge against you on a piece of paper), read their names one by one and when you have finished, State I hereby declare all of these named as incompetent and are hereby FIRED!. Release the voucher to me. Then sit down and shut up, be quite saying nothing else no matter what bite your lips go deaf, blind, obey no other order look at them like they are raving mad. [Criminal Complaint Recorded via Registered Mail] [Posted June 6, 2003] This Criminal complaint is recorded under the laws of the United States of America, by united states mail, Register # ______________________ with return receipt requested. County Court of Record for the people of the county of County , Texas Mandated by Article 5 Section 15 as preserved by Article 1 Section 13 of the 1876 Constitution of State of Texas as published in the 2000 edition Addressee: Your Name Applicant, Aggrieved Party, Cause Number________________ Holder in due Course of Title ______________________________________________ Verified Criminal Complaint by Declaration in the Nature of an Affidavit of Truth in Commerce Presented by me Your Name one of We the People of the several United States PETITION FOR DECLARATORY JUDGMENT under the organic law. Declaration in support of PETITION FOR DECLARATORY JUDGMENT By THE COUNTY CONSTITUTIONAL COURT OF RECORD MANDATED BY ARTICLE 5 SECTION 15, 17 AND BY AUTHORITY OF ARTICLE 1, SECTIONS 13, 19 and 29 OF THE 1876 Constitution of the State of Texas and THE VII, VIII, IX AND X AMENDMENTS OF THE 1787 Constitution of the united States of America Commerce operates in truth, demand for truth is made of all parties for full disclosure. Republic and one of the several United States of America, Texas County of County Signed and Sealed In the Matter of the Copyright of my fiction known as YOUR FICTION NAME and all derivatives thereof and We the Peoples Life, Liberty, Property, and Pursuit of Happiness, and the Peoples Divine/inalienable right to trial by jury by law, the original jurisdiction common law in the Peoples supreme court mandate by the Constitution for the State of Texas (herein after CFST) Art 5 Section 15 and the document untitled but commonly referred to as Constitution of the United States of America as ratified in 1789 and amended in 1791 (herein after CFUS) under Article I Section 8 Clause 9 and Article III Sec. 1. I, me, Your Name the undersigned, one of We the People, Sovereigns, natural born living souls, the Posterity, born upon the land in the one of several counties within the one of the several States united of America, Creditor, Claimant, and Secured Party, hereinafter Secured Party, I, me, do hereby solemnly declare, say, and state: 1. I, me, the Secured Party am competent to state the matters set forth herewith. 2. I, me, the Secured Party have personal knowledge of the Facts stated herein. 3. All the Facts stated herein are true, correct, complete, and not misleading, admissible as evidence, and if testifying, I, me, Secured Party shall so state. Plain Statement of Facts. A matter must be expressed to be resolved. In commerce truth is sovereign. Truth is expressed in the form of an Affidavit. An unrebutted Affidavit stands as Truth in commerce. An unrebutted Affidavit becomes the judgment in commerce An Affidavit of Truth, under commercial law, can only be satisfied: by a rebuttal Affidavit of truth, by payment, by agreement, by resolution by a jury according to the rules of Common Law This declaration is in commerce. I, me, Secured Party am expressing truth by this Verified Criminal Complaint by Declaration in the Nature of an Affidavit of Truth in Commerce for violations of the CFST and the CFUS, the RICO Act, copyright law and Revised Statutes of The United States, 1st session, 43 Congress 1873-1874 included. WHEREAS, the public record is the highest form of evidence, I, me, Secured Party am hereby timely creating public record with this Criminal Complaint by Declaration in the Nature of an Affidavit of Truth in Commerce Presented by me, addressee, the undersigned, one of the We the People of the several united States against the Clerk for county of County , Texas, the TEXAS BAR ASSOCIATION and the AMERICAN BAR ASSOCIATION and agents thereof operating a Criminal Racketeering Cartel against the People upon the Land of Texas. 1. Fact: This is a criminal complaint by declaration by me the Secured Party in the Article III court of record of the people upon the land of the county of County , Texas state under the law of the State and Republic of Texas Article 1 CFST and the Laws for the United States of America pursuant to both Constitutions listed above and for the following: 2. Fact: The clerk of records for the county of County , Texas, Clerks Name (hereinafter Clerk) did refuse to file my copyright of my private work of fiction by declaration (Copy attached #1) and clerk is holder of original that was presented to Clerk for recording. The Clerk has acted in violation of my rights, in violation of her pledge of office by oath, in violation of the statutes of the United States codified at Revised Statutes of The United States, 1st session, 43 Congress 1873-1874. Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying, &c., public records.) SEC. 5403. Every person who willfully destroys or attempts to destroy, or, with intent to steal or destroy, takes and carries away any record, paper, or proceeding of a court of justice, filled or deposited with any clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both: [See Sections 5408,5411,5412.1] Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Conspiracy to defeat enforcement of the laws.) SEC. 5407. If two or more persons in any State or Territory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. See @ Section 1977-1991, 20042010, 5506-5510.1 Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE.---: (Destroying record by officer in charge.) SEC. 5408. Every officer, having the custody of any record, document, paper, or proceeding specified in section fifty-four hundred and three, who fraudulentl