Time: Tue Oct 07 04:47:21 1997
by primenet.com (8.8.5/8.8.5) with ESMTP id EAA28079;
Tue, 7 Oct 1997 04:40:34 -0700 (MST)
by usr01.primenet.com (8.8.5/8.8.5) with SMTP id EAA16000;
Tue, 7 Oct 1997 04:40:21 -0700 (MST)
Date: Tue, 07 Oct 1997 04:39:41 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: "Paper Terrorism" in Missouri (fwd)
<snip>
>
>------- Forwarded Message Follows -------
>Date: Mon, 06 Oct 1997 14:06:20 -0500
>To: swaxman@ix.netcom.com (sheldon waxman)
>From: "R. J. Tavel, J.D." <rj@drtavel.com>
>Subject: Re: "Paper Terrorism" in MO
>
>Has anyone looked into the possibility that a UCC-1 form may be the
>instrument of choice in this arena? Here again, those looking for
>exemption from the system are being thwarted by that very system when one
>of the system's own implements might have performed more effectively, as
>Secretary of State Cook notes hereinbelow. SRJ
>
>> At 03:36 AM 10/6/97 -0500, you wrote:
>> > . . . in missouri, they actually enacted law which made it a crime to
>> >seek a remedy which the courts later determined was without merit.
>> >
>> Can you brief us on this? Statutes, journal, newspaper articles and
>> legislative history? SRJ
>
>RJ,
>
>I can do more than merely brief you, I can supply the absurd content of
>the news release from Secratary Cook's office which has been since
>withdrawn from the SOS website:
>
>Release Date: May 20, 1996
>
>For additional information call: Jim Grebing, Communications Director,
>(573) 526-1085
>
>For Radio Actuality: (573)526-1200 or 1-800-240-2765.
>
>COOK PRAISES TOUGH LAW AGAINST COMMON LAW COURTS
>Legislation passed last week by the General Assembly will give Missouri
>one of the toughest laws in the nation to deal with the growing problem
>of liens being filed against citizens by so-called common law courts,
>Secretary of State Rebecca M. Cook said Monday.
>"This is one of the most comprehensive, far-reaching laws in the country
>and it should give our local official the tools they need to fight this
>problem of nonconsentual common law court liens," said Cook, who drafted
>the legislation along with Rep. Phil Smith, D-Louisiana.
>"These so-called freemen' will no longer be able to take their
>dissatisfaction and gum up our legal process. They cannot use our legal
>process only when it suits their needs, and hopefully, we can get these
>bogus common law court actions out of our legitimate legal system."
>The legislation clarifies the legal authority of county recorders and
>the Secretary of State's Office to refuse to file liens from the common
>law courts. It also protects recorders from being held liable if they do
>not accept a document.
>In addition, if a common law lien does get filed, the person it is filed
>against can petition in circuit court to have it thrown out. If the lien
>is found to be invalid, or if the person filing the lien fails to appear
>in circuit court, the court must strike the lien. The judge also has the
>authority to penalize the filer with a minimum fine of $5,000 or order
>the filer to pay actual damages, whichever is greater.
>"I want to commend Rep. Smith for his leadership in the General Assembly
>on this very important issue," said Cook. "I also want to commend all of
>the members of the House and Senate for moving swiftly on our
>legislation."
>Smith said these false liens are being used as a tool to intimidate
>citizens, especially public officials who have taken action against them
>for criminal activity.
>"In the past, we have never had this kind of trouble. If a lien was
>filed it was done under the jurisdiction of valid courts," said Smith.
>"Unfortunately the present system cannot deal with false liens and we
>must tighten rules to protect innocent people."
>Common law courts are appearing in many parts of the country, and those
>who support such courts believe they are "sovereign" citizens and immune
>from state and federal courts. There have been a number of instances
>where "sovereign" citizens have filed liens from common law courts
>against public officials who have taken action against them. Liens have
>also been filed against bankers, realtors, and average citizens.
>The liens are filed in recorders of deeds offices and could affect
>titles to property and can have an impact of credit ratings. Many of the
>"judgements" are for millions of dollars and often times credit agencies
>do not detect that the lien is false.
>Both county recorders and the Secretary of State's office accept filings
>on personal property for the Uniform Commercial Code.
>Cook became aware of the problem earlier this year during an
>investigation in the Securities division of the office. Law enforcement
>officials were aware of the difficulties recorders were encountering.
>Smith said he realized the severity of the problem after a huge
>judgement was filed against a judge, prosecuting attorney, and highway
>patrolman in Lincoln County which is located in his district.
>In April, Cook worked with Smith to draft legislation and presented the
>proposed bill to the annual meeting of the Missouri Recorders
>Association on April 16. Input was sought from the recorders, legal
>experts, the Missouri Bankers Association, and the Office of State
>Courts Administrator to put the bill in its final form.
>"Getting the input of others was extremely important because we wanted
>to make sure that in dealing with the illegitimate liens we were not
>going to stall the legitimate legal process," explained Cook.
>"Rep. Smith and I are pleased with the input we received and the support
>for working together to address this issue. We were very concerned that
>if we did not take steps to bring this problem under control right away,
>it would only get worse and become an even greater problem in the
>future."
>Smith introduced the bill in the House, (HB 1647) but because it was
>late in the session it had to be added as an amendment to another bill.
>He offered it as an amendment to several bills to ensure it would be
>passed during this session. Smith stressed that the common law court
>actions are a serious threat to our legitimate system of justice.
>"We need to protect our judicial system. If jurors and witnesses are
>threatened with liens, our judicial system will be in serious jeopardy,"
>Smith said.
>There is an emergency clause attached to the legislation, which means it
>will become effective upon the signature of Gov. Mel Carnahan.
>"This legislation we have passed will make it clear that we have taken
>the imposition of liens against our citizens seriously and that
>fraudulent lien will not be tolerated," said Cook.
>"These false documents are nothing more than an attempt by a handful of
>extremist to make a mockery of our legal system. They purport to want to
>live under their own law and be judged by their own courts as sovereign'
>citizens, but that is not the way our democratic system of government is
>designed to work. We are governed by the wishes of the majority, not
>held hostage by radical groups claiming to be above the laws everyone
>else lives by."
>
>Office of Secretary of State Rebecca McDowell Cook
>600 W. Main
>Jefferson City, Missouri 65101</H>
>
>Information contained in this document was compiled using publications
>from the Secretary of State's Office.
>
> Recent News Releases
> SOS Home Page
>
<snip>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best 06
Tucson, Arizona state : state zone, not the federal zone 07
Postal Zone 85719/tdc : USPS delays first class w/o this 08
_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice. We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
[This text formatted on-screen in Courier 11, non-proportional spacing.] 13
Return to Table of Contents for
Supreme Law School: E-mail