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Lien Process, notics and info

1.
Notice of Interest

Musashi/claimant
address

Cheatham-Badd doing business as Judge /respondent


address

Date:00.00.00

This fiduciary interest in the property, real and moveable, of respondent arises from a complaint
of (insert only one crime here).

For the avoidance of doubt, claimant intends to make a civil claim valued at (insert value here)

Respondent has twenty one (21) days to respond.

(Print name here)

2.
Affidavit of Obligation/Commercial Lien

Musashi/lien claimant
address

Cheatham-Badd doing business as zxcxzxc/lien debtor


address

Date: 00.00.00

Allegations arise as to the conduct of insert name, doing business as job title, of (insert business
name and address here) in that he (insert list of crimes here) contrary to law and the
commercial interests of lien claimant

Proof of Allegations are (insert proof here)

Lien claimant currently values this affidavit of obligation commercial lien at (here list crimes and
attached values. Separate lien into components of criminal value; psychic distress and
assignments)
Therefore the Sum Certain for this True Bill in commerce is.............................

Surety for the value of this lien instrument is lien debtor's public liability insurance bond and, if
this is insufficient, all his personal and private property real and moveable.
All responses must be made in the form of an affidavit, sworn and subscribed, witnessed, under
penalty of perjury, your full commercial liability and sent to the notary address below within thirty
(30) days of receipt of this instrument.

I, Musashi, certify upon my oath, under penalty of perjury and my own full commercial liability,
that the contents of this affidavit of obligation are true, correct, complete, and not meant to
mislead.

Autographed this day...........................2013 in the presence of …................................a notary


public in the city of ….............. in the county of …..................
lien claimant autograph...................................................................................
notary public autograph.......................................................seal

3.
Notice of Fault & Opportunity to Cure

musashi/lien claimant
address

so and so doing business as Chief Constable West Yorkshire Police/lien debtor


address

Date:00.00.00

Attention
As you have not responded to a Notice of Interest sent to you on such and such a date and
received by you on such and such a date
or an Affidavit of Obligation sent to you on such and such a date and received by you on such
and such a date you are thought to be in dishonour.

Therefore, in case this is an oversight, or a mistake, a further three (3) days are given to you to
respond.

Responses, other than full settlement of the True Bill, must be in the form of an affidavit, sworn
and subscribed, under penalty of perjury, witnessed, on your own full commercial liability and
received at the notary address below within three (3) days of receipt of this Notice

Autographed this day.......................................................................... 2014 in the presence of


…..............................................a notary public in the city/town of ….................................. in the
county of...............................
Lien claimant autograph...................................................................................
Notary public autograph.......................................................seal
4.
Certificate of Default

Musashi/lien claimant
address

So and so doing business as Chief Constable West Yorkshire Police/lien debtor


address

Date:00.00.00

As you have not responded to a Notice of Interest sent to you on ….....................................and


received by you on …........................ or
an Affidavit of Obligation sent to you on …...........................................................................and
received by you on............................,, or
a Notice of Fault & Opportunity to Cure sent to you on …....................................................and
received by you on ….........................
you are now believed to be in dishonour.

Accordingly, I hereby issue this Certificate of Default.

Autographed this day................................................................................2014 in the presence of


…..............................................a notary public in the city/town of …...............................in the
county of ….................................
Lien claimant autograph........................................................
Notary public autograph.......................................................seal

5.
Enforcement in the High Court is governed by CPR Parts 70 and 74 together with RSC Orders
17, 45 to 47 and 52 as in Schedule 1 to the CPR.

The Part 40B Practice Direction contains further information about the effect of non-compliance
with a judgement or order (and sets out the penal notice), adjustment of the final judgement sum
in respect of interim payments and compensation recovery and refers to various precedents for
types of judgements and orders.

RSC O. 45 deals with enforcement generally. A judgement or order for payment of money (other
than into court) may be enforced by a writ of FIERI FACIAS, THIRD PARTY DEBT ORDER, a
CHARGING ORDER or the appointment of a receiver.
A judgement or order to do or abstain from doing an act may be enforced by a WRIT OF
SEQUESTRATION (with the permission of the court) or an order of committal.
A judgement or order for possession of land may be enforced by a WRIT OF POSSESSION,
and a judgement or order for delivery of goods without the alternative of paying their value by a
WRIT OF SPECIFIC DELIVERY.
In each case, where RSC O.45 r.5 applies, enforcement may also be by a WRIT OF
SEQUESTRATION or an ORDER OF COMMITTAL.
WRITS OF EXECUTION:
RSC O.46 deals with writs of execution generally. Rules 2 and 3 set out the circumstances
when permission to issue a writ is necessary.
Rule 4 contains provisions for making an application for permission.
Rule 5 deals with applications for permission to issue a writ of sequestration.
RSC O. 47 contains provisions concerning writs of Fieri Facias.
Forms of writs of execution may be used as follows:
1.writs of Fieri Facias in form Nos. 53 to 63,
2.writs of delivery in form Nos. 64 and 65,
3.writs of possession in form Nos. 66 and 66A,
4.writ of sequestration in form No. 67,
5.writ of restitution in form No. 68,
6.writ of assistance in form No. 69.

With certain exceptions, writs of execution issued in the Royal Courts of Justice are executed by
the High Court Enforcement Officer. RSC O.46 r.6 sets out the provisions for issue of writs of
execution. In the Queen’s Bench Division writs of execution are issued in the Central Office in
Room E15-E17.
Before the Writ can be sealed for issue, a signed praecipe for its issue must be filed in one of
forms PF 86 to 90, as appropriate, stamped with the appropriate fee. A copy of the judgement or
order requiring enforcement should also be provided.

On an application for permission to issue a writ of possession under RSC O.45 r.3(2), if the
property consists of a house of which various parts are sublet to, or in the occupation of,
different persons, the evidence in support should show the nature and length of the notice which
has been given to the various occupiers.
Where the defendant or any other persons are in actual possession of the premises of which
possession is sought, the evidence must contain the following information:
1 whether the premises or any part of it is residential,
2. if so,
a. what is the rateable value of the residential premises, and
b. whether it is let furnished or unfurnished and, if furnished, the amount of furniture it contains,
and
3. any other matters that will assist the Master in deciding whether any occupier is protected by
the Rent Acts.

Where a party wishes to enforce a judgement or order expressed in a foreign currency by the
issue of a writ of fieri facias, the praecipe and writ of fieri facias must be endorsed with the
following certificate:
"I/We certify that the rate current in London for the purchase of (state the unit of foreign currency
in which the judgement is expressed) at the close of business on (state the nearest preceding
date to the date of issue of the writ of fieri facias) was ( ) to the £ sterling and at this rate the
sum of (state amount of the judgement debt in the foreign currency) amounts to £ ".

The schedule to the writ of fieri facias should be amended;


1. showing the amount of the judgement or order in the foreign currency at paragraph 1. 77
Insert a new paragraph 2. as follows:
"2. Amount of the sterling equivalent as appears from the certificate endorsed on the receipt for
issue of the writ £ ".
3. renumbering the remaining paragraphs accordingly.
The writ of fieri facias will then be issued for the sterling equivalent of the judgement expressed
in foreign currency as appears from the certificate.

County Court judgements or orders to which Article 8(1) of the High Court and County Courts
Jurisdiction Order 1991 applies may be enforced in the High Court, and since 26th April 1999,
any County Court judgement for over £600 may be transferred to the High Court for
enforcement by a High Court Enforcement Officer (except where it is a judgement arising from a
regulated agreement under the Consumer Credit Act).

The party seeking enforcement should obtain from the appropriate county court a certificate of
the judgement of the county court in compliance with CCR O. 22 r.8(1A) (in Schedule 2 to the
CPR), setting out details of the judgement or order to be enforced, sealed with the seal of that
court and dated and signed by an officer of that court and stating on its face that it is granted for
the purpose of enforcing the judgement or order by execution against goods in the High Court.
Form N293A is a
"Combined Certificate of Judgement and Request for Writ of Fieri Facias" and should be used.

A correctly completed form N293A together with a copy should be filed in Room E15-E17 where
the court officer will;
1. allocate a reference number,
2. date seal the Certificate and copy, returning the original to the party and
retaining the copy, and
3. enter the proceedings in a register kept for that purpose.
The certificate will be treated for enforcement purposes as a High Court judgement and interest
at the appropriate rate will run from the date of the Certificate.

The title of all subsequent documents should be set out as follows:

"IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

High Court Claim No.

County Court Claim No.

(Sent from the [ ] County Court by Certificate dated (date))

Claimant

Defendant".
When the writ of fieri facias is issued, the Certificate of judgement retained by the party will be
date-sealed by the court officer on the bottom left hand corner and endorsed with either the
named Enforcement Officer or the District for Enforcement for which the writ is directed.

The Sheriffs Lodgement Centre at 20 – 21 Tooks Court, London EC4A 1LB provides a service
for arranging transfer up of county court judgements.

It is important to remember in these cases that although any application for a stay of execution
may be made to a Master in the High Court by application notice filed in accordance with Part
23, all other applications for enforcement or other relief must be made to the issuing county
court. This practice is followed in the district registries with such variations as circumstances
require.

When a writ of execution has been issued in the Royal Courts of Justice it may then be
delivered to the Sheriffs Lodgement Centre. Value Added Tax is payable in addition to the High
Court Enforcement Officer’s fee on the services for which the fee is payable, and must be paid
at the time of delivery of the writ. If the goods, chattels and property to be seized in execution
are not within Greater London, the
High Court Enforcement Officer will direct the writ to a High Court Enforcement Officer who is
authorised to act in the appropriate district. Goods, which may not be seized in execution of a
writ, are set out in s.138(3A) of the Supreme Court Act 1981 as follows:
1. such tools, books, vehicles and other items of equipment as are necessary to that person for
use personally by him in his/her employment, business or vocation,
2 such clothing, bedding, furniture, household equipment and provisions as are necessary for
satisfying the basic domestic needs of that person and his/her family,
3. any money, bank notes, bills of exchange, promissory notes, bonds, specialities or securities
for money belonging to that person.

When first executing a writ of fieri facias the High Court Enforcement Officer will deliver to the
debtor or leave at each place where execution is levied a notice of seizure in form No 55. This is
commonly known as "walking possession" and the notice explains to the debtor the situation
with regard to the goods seized and what s/he then has to do.

After execution of a writ of execution, the High Court Enforcement Officer will endorse on the
writ a statement of the manner in which s/he has executed it and will send a copy of the
statement to the party issuing the writ.

Inter pleader proceedings (RSC O.17):


Where a person is under liability in respect of a debt or property and has been, or expects to be
claimed against by two or more persons claiming the same debt or property, if the person under
liability does not dispute the debt or claim the property, s/he may apply to the court for relief by
way of interpleader, i.e. for the entitlement of the persons claiming the same debt or property to
be established in separate
proceedings between them.

Where the High Court Enforcement Officer has seized goods in execution and a person other
than the person against whom the writ of execution was issued wishes to claim the goods
seized, s/he must give notice of his/her claim to the High Court Enforcement Officer, including in
his/her notice a statement of his/her address which will be his/her address for service. The High
Court Enforcement Officer will then give notice of that claim to the judgement creditor on whose
behalf the goods were seized, in form PF 23. The notice requires the judgement creditor to state
whether s/he admits or disputes the claim. The claimant must do so within 7 days of receipt of
the High Court Enforcement Officer’s notice and may use form PF 24 to do so.

Where the judgement creditor admits the claim, the High Court Enforcement Officer will
withdraw from possession of the goods and may apply under RSC O.17 r.2(4) for an order to
restrain a claim being brought against him for having taken possession of the goods. Where the
claimant disputes the claim, the High Court Enforcement Officer may apply for inter pleader
relief. An application for inter pleader relief if made in existing proceedings is made by an
application in accordance with Part 23, otherwise it is made by the issue of a Part 8 claim form.

The Master may deal with the claims summarily, or may direct an issue to be tried between the
parties in dispute (see RSC O.17 r.5) or make such other order as is appropriate.

Examination of judgement debtor (Part 71):


Where a person ("the judgement creditor") has obtained a judgement or order for payment of a
sum of money against a person ("the judgement debtor"), the judgement creditor may apply for
an order requiring the judgement debtor to attend to be orally examined concerning his assets
and means. If the judgement debtor is a company or corporation, the court will order a named
officer of the company or corporation to attend for examination. In the case of a judgement or
order which is not for payment of a sum of money, the court may make an order for the
attendance of the party liable for his examination on such questions as may be specified in the
order.

An application for an order under Part 71 should be made in accordance with Part 23 without
notice to any other party. The application must be supported by evidence giving details of the
judgement or order, including the amount still owing, and showing that the judgement creditor is
entitled to enforce the judgement. Where the judgement debtor is a company, or corporation,
the evidence must give details of the officer to be examined. Form PF 98 may be used as a
precedent for the evidence in support. Where a judgement creditor has obtained judgements in
several different proceedings against the same judgement debtor, only one application need be
made, setting out in the body of the application details of all the judgements on which
examination is sought.

The examination will take place before a Master, Registrar, District Judge or nominated officer,
as may be ordered, and will normally be at the court where the least expense will be incurred,
usually the county court for the area where the judgment debtor lives. If a different court is
requested by the applicant the reason why should be given in the application notice.

The application notice/evidence should be filed in the Masters’ Support Unit Room E16 for
consideration by a Master who will, if satisfied, make the order sought. Where the examination
is to take place in a county court, the judgement creditor should lodge a copy of the order with
the county court and obtain an appointment for the examination. If the examination is to take
place in the Royal Courts of Justice, the order should be taken to Room E17 where the
appointment will be endorsed on the order. In the Central Office the officers are nominated at
the discretion of the Senior Master and their names may be obtained from Room E17.

The order (endorsed with the penal notice as set out in paragraph 9.1 of the Part 40B Practice
Direction) together with details of the appointment must be served personally on the judgement
debtor or on the officer of the judgement debtor company or corporation to be examined. A
judgement debtor should be offered his conduct money, i.e. expenses of travelling to and from
the examination and of attending to give evidence.

The officer conducting the examination will take down, or arrange to have taken down in writing
the judgement debtor’s statement. The officer will read the statement to the judgement debtor
and will ask him or her to sign it. If he or she refuses to do so the officer will sign the statement.
If the judgement debtor refuses to answer any question or if any other difficulties arise, the
matter will be referred to the Interim Applications Judge in Court.

Third Party Debt Order proceedings (CPR Part 72):


Where a judgement creditor has obtained a judgement or order for payment of a sum of money
against a judgement debtor, and another person ("the Third Party ") is indebted to the
judgement debtor, the judgement creditor may apply to the Master for an order that the Third
Party pays to the judgement creditor the amount of the debt due to the judgement debtor, or
sufficient of it to satisfy the judgement debt.

The application should be made by filing an application notice in Practice Form N349, verified
by a statement of truth, but the application notice need not be served on the judgement debtor.
The application will normally be dealt with without a hearing and must be supported by evidence
as set out in CPR 72 Practice Direction 1.2. If the Master is satisfied that such an order is
appropriate, s/he will make an interim order in form N84 specifying the debt attached and
appointing a time for the Third Party and the judgement debtor to attend and show cause why
the order should not be made final.
The Third Party Debt Order to show cause must be served on the Third Party, and on the
judgement debtor, in accordance with CPR 72.5. Where the Third Party or the judgement debtor
fails to attend the hearing or attends but does not dispute the debt, the Master may make a final
Third Party Debt Order against the Third Party under CPR 72.8 in form N85. The final order may
be enforced in the same manner as any other order for the payment of money. Where the Third
Party or the judgement debtor
disputes the debt, the Master may dispose of the matter as set out in CPR 72.8.

Where the judgement creditor seeks to enforce a judgement expressed in a foreign currency by
Third Party Debt Order proceedings, the evidence in support of the application must contain
words to the following effect:
"The rate current in London for the purchase of (state the unit of foreign currency in
which the judgement is expressed) at the close of business on (state the nearest preceding date
to the date of verifying the evidence) was ( ) to the £ sterling, and at this rate the sum of (state
the amount of the judgement debt in the foreign currency) amounts to £...... I have obtained this
information from (state source) and believe it to be true."
Charging Orders (CPR Part 73):
A judgement creditor may apply for a charging order on the property or assets of the judgement
debtor, which will have the effect of providing him with security over the property of the
judgement debtor. The High Court has jurisdiction to impose a charging order in the following
cases:
1. where the property is a fund lodged in the High Court,
2. where the order to be enforced is a maintenance order of the High Court, and
3. where the judgement or order is made in the High Court and exceeds £5000.
The property and assets of the judgement debtor on which a charge may be imposed by a
charging order are specified by s.2 of the Charging Orders Act 1979.

An interim charging order imposing a charge on land will be drawn in respect of the judgement
debtors interest in the land and not the land itself, unless the court orders otherwise. If an
interim charging order is made on stocks or shares in more than one company, a separate order
must be drawn in respect of each company. A judgement creditor may apply in a single
application notice for charging orders over more than one asset, but if the court makes charging
orders over more than one asset, there will be separate orders relating to each. If the judgement
debt is expressed in a foreign currency, the evidence in support of any application for a charging
order should contain a similar provision to that set out in paragraph 12.5.4 above.

The application for a charging order is made to a Master and should be made in Practice Form
N379 if the application relates to land, or N380 if the application relates to securities. The
application is made without being served and will normally be dealt with without a hearing. If the
Master is satisfied that such an order is appropriate, s/he will make an order in form N86
appointing a time for the judgement
debtor to attend and show cause why the order should not be made absolute.

The interim order and the application notice should be served in accordance with CPR 73.5, or
otherwise as directed by the Master. After further consideration at the hearing the Master will
either make the order Final (with or without modifications) as in form N87, or discharge it. Where
the order is discharged or varied, the order of discharge must be served in accordance with
CPR 73.9(3).12.6.5 CPR 73.7 deals with the effects of a charging order on funds in court, which
includes securities held in court.

Although the court may make a charging order in a foreign currency, to facilitate enforcement it
is usually preferable for it to be expressed in sterling. Thus if the foreign debt is in a foreign
currency the evidence in support of the application should contain the sterling equivalent and
request the charging order to be made in sterling. (See paragraph 12.6.2 above).

Enforcement of Charging Order


Proceedings for the enforcement of a charging order by sale of the property charged must be
begun by a Part 8 Claim Form issued out of the Chancery Division of the High Court or a
Chancery district registry unless the High Court has no jurisdiction, in which case application
should be made to the appropriate County Court. (RSC O.50 r.9A).

Kind regards, Musashi.


6.
Notice of Distress+

Musashi/complainant
address

Name of official doing business as.........put official title here........................................./


respondent
address........................................................................................................................................
.........................................................................................................................................................
.........................

date:.......................

Allegations are made of ….......for example - - - negligence/fraud/malfeasance . . . . In that


….......name of official......................................................doing business as job
title..........................
….....................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.............................................................................

The value of this Notice of Distress is respondent's specific performance in this instant matter, to
wit, …....what they must by law do. Quote
their rules…....................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................................................
.........................................................................................................................
Surety for the value of this Notice of Distress is respondent's public indemnity insurance bond
and, if this is insufficient, all respondent's personal and private property to the value of this
Notice.

Respondent has twenty one (21) days to respond. All responses must be timely and
appropriate, in the form of an affidavit, made under oath, signed, witnessed, under penalty of
perjury, full commercial liability, and sent to the above address within the time specified.

Signed.

7.
GENERAL POWER OF ATTORNEY
(Pursuant to the Powers of Attorney act 1971, section 10)

This power of Attorney s made this (date) day of (month) 2015 by me (name) of (address).

I appoint (NAME IN ALLCAPS) of (address) (“my attorney”) to be my attorney in accordance


with Section 10 of the Powers of Attorney Act 1971.
This Power of Attorney shall come into force at (time) on (date) and shall remain in force until
(Date)

This Power of Attorney shall continue in force until notice of any act or event which has the
effect of revoking the power of attorney is received by my Attorney. For the avoidance of doubt,
this Power of Attorney may be revoked by me giving written notice to my Attorney of that effect.

In witness whereof I have hereunto set my hand the day and year first above written.

SIGNED as a deed and delivered by the said


(Name)
in the presence of (name)
signature of witness (signature)
full name ( - - - )
address (full address)

7.
THE COMMERCIAL LIEN PROCESS

The purpose of the lien is to take back your power, legally speaking, when you want to
prosecute for an offence against you. You do not need solicitors, or permissions from a court, or
reliance on a judge, and the CPS is kept well out of it – thank God!
It is extra-judicial (conducted in the private outside of the courts) until the lien is perfected and
then you want to take it into the public domain and use the powers of the courts to enforce it.
When you take someone to court, you are dependent on the judge not only to allow the case to
proceed and to find in your favour but also to decide the value of your claim and much else
besides.
If the judge is against you – for whatever reason: basic corruption, protecting the old boys
network etc – then you may lose a good case.
If you have an official up in court on a tort claim then the court will automatically be against you.
This is the way of it, and if you've tangled with officials in this kind of way then you'll know that
this is a truism.
There is no appeal against a decision from county court, only a judicial review.
If he does find for you then he will decide how much compensation you get. Again, he may be
“one of them”, doesn't like you etc, and you get very little and never what you ask for. The state
has a tariff of compensations. You don't. You apply a value to the tort - not them.

TORT
A tort is any wrong done you outside of a contract. A tort may also be a crime and as such can
flipped in and out of the civil and criminal.
If the tort is also a crime then it must be dealt with first in the public as a crime against one is a
crime against society and society must have first say. After that you can begin a civil claim with
the lien whatever the results of the criminal trial.
A not guilty verdict does not stop a civil claim.
A guilty verdict makes the civil claim a rubber stamp job.

The lien takes you out of this dependency on the law society and the legal system and gives
you the power to convict, decide a value and then get the court to do the enforcement work for
you.
The first thing to do is to write up your complaint. Just like doing an essay in school. Keep it
brief, avoid adjectives and adverbs. These words are subjective and descriptive and will take
you into argument about what is 'brutal', what is 'evil', and so on. Lawyers and judges are
trained for this kind of debate and you will probably lose, or at least give the opponents an
opportunity to introduce debate on subjective definitions and cast doubts on your decency,
righteousness and so on. They are trained for this and you will lose. It will detract from the case
and maybe ruin it.

When you have written your complaint give it a monetary value.; a sensible value and one that
any jury might agree is reasonable. Which is why I gave you the magistrates courts sentencing
guidelines. Use their values as a starting point then they cannot argue that the value is too high
or ridiculous. If they want to know where you got such a'high' figure you can say “From your
books” and they have no room to argue then.

When the value is settled you write out your NOTICE OF INTEREST.
Only put one offence in this even if you have twenty. The rest will be picked up later. Send this
by recorded delivery to the defendant along with a copy of the complaint you wrote out. There is
no need to record in this in court or use a notary just yet although in the past I have liked to use
a commissioner for oaths at a fiver a pop. In this NOTICE OF INTEREST you give them 21 days
to respond. That is, to pay up! You can send the next NOTICE before the 21 days are up if you
want.

If you receive no reply to your NOTICE OF INTEREST, an inappropriate reply, or anything other
than payment or legal based argument in the form of an affidavit, then send the
AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN. All responses to your documents must be
in the form of an affidavit. Letters do not count – ignore them and continue with your own
affidavit process.

AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN


There are seven categories in this document and all must be fulfilled.
Parties (those involved)
Allegations
Proof of allegations
Value/ledger
Surety for the value
Notice (how long they have to pay up)
Jurat (swearing that it's all true)

Do not get creative with this. Do not add anything to it or take anything away from it. If you do it
ceases to be a commercial lien, becomes something else and is useless to you. Maybe even
dangerous. This is a money claim and money claims are dangerous. You have to get it right and
keep it there.
If you have no legal proof then stay away from any claim in public. That's to say that if you can't
prove your claim then you don't have a claim!

Write out your AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN, take it to a notary public and
ask him/her to act as notary acceptor. Which means that the notary will send it and act as
receiver of any reply. This is your proof of contents, proof of posting and proof of receipt.
The cost of this service varies from place to place but will be about £80 per document. The
notary knows what is required and will need you to swear on oath when you and he/she signs
and seals the paper. Give thirty days on the lien to respond/pay up/dispute the claim by affidavit.

After thirty days you return to the notary and ask for your money. If it hasn't arrived for you and
there is no affidavit in response then you send the next document,
THE NOTICE OF FAULT AND OPPORTUNITY TO CURE.
Three days are given to reply. Again, you do this through the notary acceptor with the usual
swearing and signing.

Go back after three days and see if your money is there. If it isn't then give him/her the last
document to sign and seal. this is the CERTIFICATE OF DEFAULT and although it is done with
the notary you do not send it - just keep it.

You should now have in your possession the following original documents:
Complaint
Notice of Interest
Affidavit of Obligation
Notice of Fault & Opportunity to Cure
Certificate of Default.

Ninety days after sending the Affidavit of Obligation you have what is known as a PERFECTED
LIEN.

So far you have been acting in the private jurisdiction which has no meaning in the public
jurisdiction, no power and no authority behind it to collect on the debt.

The next step is to take the Certificate of Default to the county court and record it with the
District Judge. This is part of his job and he cannot refuse to record a proper item. The duties of
the county recorder were given to the district judge. The Recorder's duties were effectively
hidden behind the DJ and it took us a while to find where that duty had gone.

Once the matter has been recorded in the public domain you can begin a Part 8 claim, using the
CIVIL PROCEDURES RULES. I've given you a copy of these. Stick to these rules and protocols
rigidly – or risk losing your claim! Once it is recorded it will have an immediate effect on the
defendant’s credit rating and he will feel it.

When you run it through court and get the order of the court, you can use the powers of the
court to enforce payment. Start at Part 70 of the COR for guidance.
These include:
1. third party debt orders (requires interim order first)
2. charging orders (requires interim order first)
3. attachment orders (requires interim order first) under the Attachments of Earnings Act, 1971
4. bankruptcy
5. imprisonment (under the Debtors Act 1835, section 5)
which means six weeks in jail for contempt of court and the sum owed is not diminished by the
time spent in jail.

It will be recorded in the Land Registry (Charges Dept.) and the Trust Registry in Cleveland St.
Bank accounts may not be diminished (the bank must freeze the account), wages will be
attached, loans refused, debts pursued by any others he might owe money to, land titles come
to you and banks must inform if they hold any accounts in the name of the defendant. The Bank
of England must tell of any stocks and shares the debtor has anywhere, and title comes to you.
Run a lien properly and you can put the guy in a cardboard box behind Tesco for the rest of his
life.

Further:
A debtor is an insurable interest and life assurance may be taken out on him. If the premiums
are maintained for the duration of the policy then a payout is guaranteed upon the death of the
debtor. A payout is assured even if he pays the debt two minutes after the policy is taken out.
Just pay the premiums and all is well. A sound investment for the future.
I have suggested in the past that it is a good incentive to pay the debt when told that there is life
assurance on you and your death brings a big payout! You have value dead and no value alive.

The lien lasts for 99 years but if it is put into trust then it has perpetuity – lasts forever and
follows the property down through the years. If he dies and the son/daughter inherits then
he/she inherits the debt and it still must be paid out of the estate. The debt is on the property,
not the man only. If he dies then a claim is made to probate for your share of the estate.
Liens always come first – first in line is first in time.

Naturally you can plague him with bailiffs. If you have the order of the court then you can get the
HIGH COURT CHIEF ENFORCEMENT OFFICER to go and collect your debt for you using a
writ of fieri facias. I cover this in the paperwork I gave you.

A bankrupt cannot be pursued by creditors so the last thing you should think of in bankrupting
the debtor. That let's him off the hook for a while unless the assets can cover the debt and
makes you helpless to collect on the debt.

Finally
You can make assignments in the lien. You can ask for exemplary damages in certain case –
particularly with elected officials – the value of which you do not claim but assign to some third
party as part of the lien. A public benefit to the granting of exemplary damages is always looked
on more favourably. It shows you are not trying to benefit more than you may reasonably be
entitled to and want to benefit some charity, or kitten rescue centre and so on.
If you have a group running somewhere, or can create one, such as Friends of Local Libraries,
then you can assign the damages to it. It's a good way to get public money back into the public.
That Friends group would have equitable rights to the money involved but no right to pursue in
default of you pursuing. Only the claimant has the right to pursue.

Any questions – and I'm sure you'll have some – can be sent tomy e-mail address and I'll do
what I can to assist with answers.

Lance.

THE COMMERCIAL LIEN PROCESS

The purpose of the lien is to take back your power, legally speaking, when you want to
prosecute for an offence against you. You do not need solicitors, or permissions from a court, or
reliance on a judge, and the CPS is kept well out of it – thank God!
It is extra-judicial (conducted in the private outside of the courts) until the lien is perfected and
then you want to take it into the public domain and use the powers of the courts to enforce it.
When you take someone to court, you are dependent on the judge not only to allow the case to
proceed and to find in your favour but also to decide the value of your claim and much else
besides.
If the judge is against you – for whatever reason: basic corruption, protecting the old boys
network etc – then you may lose a good case.
If you have an official up in court on a tort claim then the court will automatically be against you.
This is the way of it, and if you've tangled with officials in this kind of way then you'll know that
this is a truism.
There is no appeal against a decision from county court, only a judicial review.
If he does find for you then he will decide how much compensation you get. Again, he may be
“one of them”, doesn't like you etc, and you get very little and never what you ask for. The state
has a tariff of compensations. You don't. You apply a value to the tort - not them.

TORT
A tort is any wrong done you outside of a contract. A tort may also be a crime and as such can
flipped in and out of the civil and criminal.
If the tort is also a crime then it must be dealt with first in the public as a crime against one is a
crime against society and society must have first say. After that you can begin a civil claim with
the lien whatever the results of the criminal trial.
A not guilty verdict does not stop a civil claim.
A guilty verdict makes the civil claim a rubber stamp job.

The lien takes you out of this dependency on the law society and the legal system and gives
you the power to convict, decide a value and then get the court to do the enforcement work for
you.
The first thing to do is to write up your complaint. Just like doing an essay in school. Keep it
brief, avoid adjectives and adverbs. These words are subjective and descriptive and will take
you into argument about what is 'brutal', what is 'evil', and so on. Lawyers and judges are
trained for this kind of debate and you will probably lose, or at least give the opponents an
opportunity to introduce debate on subjective definitions and cast doubts on your decency,
righteousness and so on. They are trained for this and you will lose. It will detract from the case
and maybe ruin it.

When you have written your complaint give it a monetary value.; a sensible value and one that
any jury might agree is reasonable. Which is why I gave you the magistrates courts sentencing
guidelines. Use their values as a starting point then they cannot argue that the value is too high
or ridiculous. If they want to know where you got such a'high' figure you can say “From your
books” and they have no room to argue then.

When the value is settled you write out your NOTICE OF INTEREST.
Only put one offence in this even if you have twenty. The rest will be picked up later. Send this
by recorded delivery to the defendant along with a copy of the complaint you wrote out. There is
no need to record in this in court or use a notary just yet although in the past I have liked to use
a commissioner for oaths at a fiver a pop. In this NOTICE OF INTEREST you give them 21 days
to respond. That is, to pay up! You can send the next NOTICE before the 21 days are up if you
want.

If you receive no reply to your NOTICE OF INTEREST, an inappropriate reply, or anything other
than payment or legal based argument in the form of an affidavit, then send the
AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN. All responses to your documents must be
in the form of an affidavit. Letters do not count – ignore them and continue with your own
affidavit process.

AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN


There are seven categories in this document and all must be fulfilled.
Parties (those involved)
Allegations
Proof of allegations
Value/ledger
Surety for the value
Notice (how long they have to pay up)
Jurat (swearing that it's all true)

Do not get creative with this. Do not add anything to it or take anything away from it. If you do it
ceases to be a commercial lien, becomes something else and is useless to you. Maybe even
dangerous. This is a money claim and money claims are dangerous. You have to get it right and
keep it there.
If you have no legal proof then stay away from any claim in public. That's to say that if you can't
prove your claim then you don't have a claim!

Write out your AFFIDAVIT OF OBLIGATION/COMMERCIAL LIEN, take it to a notary public and
ask him/her to act as notary acceptor. Which means that the notary will send it and act as
receiver of any reply. This is your proof of contents, proof of posting and proof of receipt.
The cost of this service varies from place to place but will be about £80 per document. The
notary knows what is required and will need you to swear on oath when you and he/she signs
and seals the paper. Give thirty days on the lien to respond/pay up/dispute the claim by affidavit.

After thirty days you return to the notary and ask for your money. If it hasn't arrived for you and
there is no affidavit in response then you send the next document,
THE NOTICE OF FAULT AND OPPORTUNITY TO CURE.
Three days are given to reply. Again, you do this through the notary acceptor with the usual
swearing and signing.

Go back after three days and see if your money is there. If it isn't then give him/her the last
document to sign and seal. this is the CERTIFICATE OF DEFAULT and although it is done with
the notary you do not send it - just keep it.

You should now have in your possession the following original documents:
Complaint
Notice of Interest
Affidavit of Obligation
Notice of Fault & Opportunity to Cure
Certificate of Default.

Ninety days after sending the Affidavit of Obligation you have what is known as a PERFECTED
LIEN.

So far you have been acting in the private jurisdiction which has no meaning in the public
jurisdiction, no power and no authority behind it to collect on the debt.

The next step is to take the Certificate of Default to the county court and record it with the
District Judge. This is part of his job and he cannot refuse to record a proper item. The duties of
the county recorder were given to the district judge. The Recorder's duties were effectively
hidden behind the DJ and it took us a while to find where that duty had gone.

Once the matter has been recorded in the public domain you can begin a Part 8 claim, using the
CIVIL PROCEDURES RULES. I've given you a copy of these. Stick to these rules and protocols
rigidly – or risk losing your claim! Once it is recorded it will have an immediate effect on the
defendant’s credit rating and he will feel it.

When you run it through court and get the order of the court, you can use the powers of the
court to enforce payment. Start at Part 70 of the COR for guidance.
These include:
1. third party debt orders (requires interim order first)
2. charging orders (requires interim order first)
3. attachment orders (requires interim order first) under the Attachments of Earnings Act, 1971
4. bankruptcy
5. imprisonment (under the Debtors Act 1835, section 5)
which means six weeks in jail for contempt of court and the sum owed is not diminished by the
time spent in jail.

It will be recorded in the Land Registry (Charges Dept.) and the Trust Registry in Cleveland St.
Bank accounts may not be diminished (the bank must freeze the account), wages will be
attached, loans refused, debts pursued by any others he might owe money to, land titles come
to you and banks must inform if they hold any accounts in the name of the defendant. The Bank
of England must tell of any stocks and shares the debtor has anywhere, and title comes to you.
Run a lien properly and you can put the guy in a cardboard box behind Tesco for the rest of his
life.

Further:
A debtor is an insurable interest and life assurance may be taken out on him. If the premiums
are maintained for the duration of the policy then a payout is guaranteed upon the death of the
debtor. A payout is assured even if he pays the debt two minutes after the policy is taken out.
Just pay the premiums and all is well. A sound investment for the future.
I have suggested in the past that it is a good incentive to pay the debt when told that there is life
assurance on you and your death brings a big payout! You have value dead and no value alive.

The lien lasts for 99 years but if it is put into trust then it has perpetuity – lasts forever and
follows the property down through the years. If he dies and the son/daughter inherits then
he/she inherits the debt and it still must be paid out of the estate. The debt is on the property,
not the man only. If he dies then a claim is made to probate for your share of the estate.

Liens always come first – first in line is first in time.

Naturally you can plague him with bailiffs. If you have the order of the court then you can get the
HIGH COURT CHIEF ENFORCEMENT OFFICER to go and collect your debt for you using a
writ of fieri facias. I cover this in the paperwork I gave you.

A bankrupt cannot be pursued by creditors so the last thing you should think of in bankrupting
the debtor. That let's him off the hook for a while unless the assets can cover the debt and
makes you helpless to collect on the debt.

Finally
You can make assignments in the lien. You can ask for exemplary damages in certain case –
particularly with elected officials – the value of which you do not claim but assign to some third
party as part of the lien. A public benefit to the granting of exemplary damages is always looked
on more favourably. It shows you are not trying to benefit more than you may reasonably be
entitled to and want to benefit some charity, or kitten rescue centre and so on.
If you have a group running somewhere, or can create one, such as Friends of Local Libraries,
then you can assign the damages to it. It's a good way to get public money back into the public.
That Friends group would have equitable rights to the money involved but no right to pursue in
default of you pursuing. Only the claimant has the right to pursue.

Any questions – and I'm sure you'll have some – can be sent tomy e-mail address and I'll do
what I can to assist with answers.

Lance.

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