- How to Sue for Illegal Government Enforcement, Litigation Tool #10.015 (OFFSITE LINK)
- Letter to Employer/Financial Institution in Receipt of IRS Notice of Levy (Form 668-A/W)
- Secrets of the Legal Industry-by Richard Cornforth. Instructions on how to sue people who violate your rights.
- Federal Civil Procedure Before Trial-Rutter Group
- Federal Civil Trials and Evidence-Rutter Group
- "right" defined
- Assessment authority
- "employee" defined
- "withholding agent" defined-your private employer isn't authorized to be a mandatory "withholding agent" unless you are a nonresident alien or foreign corporation who is a "public officer" of the U.S. government
- 42 U.S.C. §1983 Civil Action for Deprivation of Rights
- Hafer v. Melo, 502 U.S. 21 (1991)-Supreme Court held that state officials acting outside the color of law may be held personally liable for the injuries or torts they case and that official or sovereign immunity may not be asserted.
- Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971)-pro per successfully sued six federal narcotics agents for acting outside the law. Official immunity asserted but denied.
- Butz v. Economou, 438 U.S. 478, 98 S.Ct. 2894 (1978)- federal agent of Dept. of Agriculture not entitled to absolute immunity from suit when acting outside of lawful authority and violating constitutional rights.
- Bell v. Hood, 327 U.S. 678 (1946)-FBI agents who violated Constitutional rights of a petitioner were held personally liable and not afforded official immunity.
- NOTE: When private parties acting for a non-governmental employer or financial institution improperly honor a Notice of Lien or a Notice of Levy, they are acting as "voluntary government agents under color of law" and can be personally held responsible for damages and violation of Constitutional rights.
“Those who already walk submissively will say there is no cause for
alarm. But submissiveness is not our heritage.
The First Amendment was designed to allow rebellion to
remain as our Heritage. The Constitution was designed
to keep the government off the backs of the people. The
Bill of Rights was added to keep the precincts of belief and expression,
of the press, of political and social activities free from surveillance.
The Bill of Rights was designed to keep agents of government
and official eavesdroppers away from Assemblies of People.
The aim was to allow men to be free and independent to assert
their rights against government.”
[Laird v. Tatum,
408 U.S. 1; 92 S.Ct. 2318 (1972)}
Banks and employers commonly accept
IRS Notice of Levy (
Form 668-A(c)(DO))
and Notice of Lien not signed by a judge or magistrate and erroneously
surrender property without a court order. That makes them thieves,
not Robinhoods! When this happens, you should sue them because
they robbed you and are co-conspirators in depriving you of your property
without due process of law. As always the defendant's (employer
or bank) first motion is a motion to dismiss for failure to state a
claim. WRONG!!! Taking property without due process of law in violation
of the Fourth and Fifth Amendments constitutes a legitimate claim. The
claim lies in the injury caused by the unlawful activity of the bank
or employer’s employees. The loss suffered under the claim is
a loss of property with a specific value, and it had to be replaced
at a specific cost, and it caused public embarrassment and mental stress.
That situation can’t be anything but a valid claim.
Now the 'attorney' for the defendants is trying to shield the defendants behind the immunity clause in 26 U.S.C. §6332(e).....WONT WORK!!!!!
"A defendant sued as a wrongdoer, who seeks to substitute the State in his place, or to justify by the authority of the State, or defend on the ground that the State has adopted his act and exonerated him, cannot rest on the bare assertion of his defense. He is bound to establish it.
The State is a political corporate body, can act only through agents
and can command only by laws. It is necessary, therefore, for such a
defendant, in order to complete his defense, to produce a law of the
State which constitutes his commission as its agent, and a warrant for
his act."
[Poindexter v. Greenhow,
114 U.S. 270 (1885)]
Absent a procedurally valid assessment that can be made ONLY by the "taxpayer" himself on an income tax return and there is no tax due, and there can be no lawful levy absent an assessment. In order for the agent to claim immunity the law would have to be followed to the letter. As above the agent becomes the deputy of the IRS agent and must have a warrant to cover his action. No warrant, you are a thief, period. No immunity for thieves, only Citizens.
If you would like further information about how to sue your employer or the county recorder, read the book on the SEDM website entitled Secrets of the Legal Industry, by Richard Luke Cornforth at:
http://sedm.org/ItemInfo/Ebooks/SecretsOfLegalIndustry.htm