a notice of distress generic

Upload: cool1

Post on 09-Mar-2016

58 views

Category:

Documents


1 download

DESCRIPTION

A Notice of Distress Generic

TRANSCRIPT

UNITED STATES DISTRICT COURT

Notice of Distress

FIRST DISTRICT JUVENILE COURT

_______________________CACHE COUNTY, STATE OF UTAH

STATE OF UTAH,

)

Plaintiff

)NOTICE OF DISTRESS OF BOND

)OF Robert T. Jones d/b/a

)JUDGE ROBERT T JONES

JOHN H SMITH

)

_Defendant

)

Case No. 12345

By: John H. Smith, Real Party in Interest

)File on Demand

NOTICE OF DISTRESS OF BOND OF Robert T. Jones,

d/b/a JUDGE ROBERT T JONES

John H. Smith (as a Real Party in Interest) notice, regardless if deemed in-artfully plead, must be held to a less stringent standard than formal pleadings drafted by bar-admitted attorneys and can only be dismissed for failure to state a claim if it appears beyond a doubt that John H. Smith can prove no set of facts in support of [his] claims which would entitle them to relief. [in the nature of Haines v. Kerner, 404 U.S., 519-521; Richardson v. Flemming, 651 F 2d at 368 (quoting Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d. 251, (1976); Conley v. Gibson, 355 U.S. 41, 78 S. Ct. 99, 2 L.Ed.2d 80 (1957); Alexander v Ware, 714 F.2d 416 (1983); Hayes v Western Weighing and Inspection Bureau, 838 F.2d. 1434 (5th Cir. 1988))]. John H. Smiths factual allegations in the text must be accepted as true, along with any reasonable inferences that may be drawn there from. [in the nature of Ryland v. Shapiro, 708 F.2d. 987 (5th Cir.1983)]. John H. Smiths petition must not be read too narrowly, but must instead be read liberally so that any inferences may be drawn there from. [in the nature of Bruce v. Wade, 537 F.2d.850 (5th Cir.1976)].

Cache county

)

) it is true

Utah state

)

I, appearing as John H. Smith, Affiant, over the age of twenty-one years, competent with first hand knowledge do make this affidavit pleading to stop on ongoing tort committed by Robert T. Jones, a man, bonded and d/b/a JUDGE ROBERT T JONES against John H. Smith, a man, and do state the following that:

1. The parties to this distress are:

John H. Smith/distress claimant

Robert T Jones/lien debtor/tort feasor

Jane Doe/lien debtor/joint tort feasor

ALLEGATIONS

2. The above listed lien debtors/joint tort feasors are committing an ongoing tort against the private and public interests of John H. Smith.

3. The above listed lien debtors/joint tort feasors have unlawfully distressed and submitted to peonage and involuntary servitude the biological property of John H. Smith.

4. The above listed lien debtors/joint tort feasors have never placed any value into account JOHN H. SMITH.

5. John H. Smith is the sole owner of any equity in JOHN H SMITH, and has not given permission for any or all of the above listed lien debtors/joint tort feasors to access JOHN H SMITH.

PROOF OF ALLEGATIONS

6. The proof of the allegations are contained in the clerks file in Case No. 12345 and in the official court record and transcripts.

LEDGER AND TRUE BILL

Ledgering: Ledgering for the violations of the united States Constitution and the Bill of Rights against John H Smtih by Robert T. Jones, d/b/a JUDGE ROBERT T JONES and Jane Doe, d/b/a CLERK JANE DOE described in the Allegations above is under 18 USC 241, CONSPIRACY AGAINST THE RIGHTS OF CITIZENS. If two or more persons conspire to injure, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or if two or more persons go in disguise on the highway or the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured they shall be fined not more that $10,000 or imprisoned not more than 10 years, or both: and if death results they shall be subject to imprisonment for any term of years or for life.

The specific violations of the Constitution are listed point for point under the corresponding numbered allegation as above. For example numerals such as 193 would be interpreted as Article 1, Section 9, Clause 3 of the Constitution, or AM 1 would be interpreted as Amendment 1 of the Bill of Rights of the Constitution.

1.The biological property of John H. Smith has been unlawfully distressed and placed into peonage and involuntary servitude by the lien debtors:

A. AM 4 any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

B. AM 5no person to be forced to say or do anything that could be used against him later

C. AM 9all rights belong to the people some are stated some are not

D. AM 13no law-abiding person shall be forced to act against his will

E. AM 9all rights belong to the people; some are stated, some are not

F. AM 10all government power comes from the consent of the people governed

G. AM 14all persons born or naturalized are US citizens and protected by US Constitution

H. AM 14all persons equally protected and restricted by law

I. AM 14no person to hold office if he rebels against or violates US Constitution (treason)

J. AM 14no state shall make or enforce any law limiting rights of US Constitution

K. AM 14no state shall deprive anyone of anything without fair trial

L. 101no state shall set anyone above the common man.

M. 101no state shall work against US Constitution with anyone

N. 101no state shall declare war on a person (resort to force) in violation of Constitution

O. 101 no state shall allow any person or group to make a law, judge on it, and punish under it

P. 193no person or group can make a law, judge on it, and punish under it

Q. 331no controlling agency shall harass a US citizen (mixed war/treason)

R. 431no controlling agency shall be formed in violation of US Constitution

S. 441the US to protect every citizen against personal attack or attack on rights

T. 612This Constitution is the Supreme Law of the Land.

U. 613all law makers court officials and enforcement officers are bound by oath to the US Constitution

3.Robert T. Jones and Jane Doe have acted outside of their oaths of office.

A.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

B.AM 10all government power comes from the consent of the people

C.AM 14all persons equally protected and restricted by law

D.AM 14no person to hold office if he rebels against or violates US Constitution (treason)

E.101no state shall work against US Constitution with anyone

F.612This Constitution is the Supreme Law of the Land.

G.613all law makers, court officials, and enforcement officers are bound by oath to the US Constitution

4. I have been threatened with jail for exercising my rights.

A.AM 4I am safe from any unwarranted searches/seizures

B.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

C.AM 5no person to be deprived of anything without due process

D.AM 6in actions involving threat of jail accused to have public trial

E.AM 9all rights belong to the people some are stated some are not

F.AM 10all government power comes from the consent of the people

G.AM 13no law-abiding person shall be forced to act against his will

H.AM 14all persons born or naturalized are US citizens and protected by US Constitution

I.AM 14all persons equally protected and restricted by law

J.AM 14no person to hold office if he rebels against or violates US constitution (treason)

K.AM 14no state shall make or enforce any law limiting rights of US Constitution

L.AM 14no state shall deprive anyone of anything without fair trial

M.101no state shall work against US Constitution with anyone

N.101no state shall declare war on a person (resort to force) in violation of Constitution

O.101no state shall allow any person or group to make a law, judge on it, and punish under it

P.193no person or group can make a law, judge on it, and punish under it

Q.331only courts can decide punishment and rewards with regards to law

R.331no controlling agency shall harass a US citizen (mixed war/treason)

S.431no controlling agency shall be formed in violation of US Constitution

T.441the US to protect every citizen against personal attack or attack on rights

U. 612This Constitution is the Supreme Law of the Land.

V. 613all law makers, court officials, and enforcement officers are bound by oath to the Constitution

5. Agents of the court under the control of Robert T. Jones have appeared hostile and threatening to me while in the possession of fire arms.

A.AM 4I am safe from any unwarranted searches/seizures

B.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

C.AM 5no person to be forced to say or do anything that could be used against him later

D.AM 5no person to be deprived of anything without due process

E.AM 6I may require as much in writing as is required of me

F.AM 9all rights belong to the people some are stated some are not

G.AM 10all government power comes from the consent of the people

H.AM 13no law-abiding person shall be forced to act against his will

I.AM 14all persons born or naturalized are US citizens and protected by US Constitution

J.AM 14all persons equally protected and restricted by law

K.AM 14no person to hold office if he rebels against or violates US Constitution (treason)

L.AM 14no state shall make or enforce any law limiting rights of US Constitution

M.AM 14no state shall deprive anyone of anything without fair trial

N.101no state shall work against US Constitution with anyone

O.101no state shall declare war on a person (resort to force)in violation of Constitution

P.101no state shall allow any person or group to make a law, judge on it, and punish under it

Q.193no person or group can make a law, judge on it, and punish under it

R.331no controlling agency shall harass a US citizen (mixed war/treason)

S. 331no controlling agency shall be formed in violation of US Constitution

T. 441the US to protect every citizen against personal attack or attack on rights

U. 612This Constitution is the Supreme Law of the Land.

V. 613all law makers court officials, and enforcement officers are bound by oath to the US Constitution

6. Robert T. Jones has libeled and accused me of breaking some laws.

A.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

B.AM 5no person to be deprived of anything without due process

C.AM 6in actions involving threat of jail accused to have public trial

D. AM 9all rights belong to the people some are stated some are not

E. AM 10all government power comes from the consent of the people

F. AM 14all persons born or naturalized are US citizens and protected by US Constitution

G. AM 14all persons equally protected and restricted by law

H. AM 14 no person to hold office if he rebels against or violates US Constitution (treason)

I. AM 14no state shall make or enforce any law limiting rights of US Constitution

J. 101no state shall work against US Constitution with anyone

K. 101no state shall declare war on a person (resort to force) in violation of Constitution

L. 331no controlling agency shall harass a US citizen (mixed war/treason)

M. 441the US to protect every citizen against personal attack or attack on rights

N. 612This Constitution is the Supreme Law of the Land.

O. 613all law makers, court officials, and enforcement officers are bound by oath to the US Constitution.

7. Without explaining the conditions of the contract and without making any attempt at a full disclosure, Robert T. Jones and Jane Doe have tried to attach adhesion and unconscionable contracts to me.

A.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

B.AM 5no person to be forced to say or do anything that could be used against him later

C.AM 5no person to be deprived of anything without due process

D.AM 6I may require as much in writing as is required of me

E.AM 6in actions involving threat of jail accused to have public trial

F.AM 9all rights belong to the people some are stated some are not

G.AM 10all government power comes from the consent of the people

H.AM 13no law-abiding person shall be forced to act against his will

I.AM 14all persons born or naturalized are US citizens and protected by US Constitution

J.AM 14all persons equally protected and restricted by law

K.AM 14no person to hold office if he rebels against or violates US Constitution (treason)

L.AM 14no state shall make or enforce any law limiting rights of US Constitution

M.AM 14no state shall deprive anyone of anything without fair trail

N.101no state shall work against US Constitution with anyone

O.101no state to pass any law impairing the obligations of contract

P.101no state shall allow any person or group to make a law, judge on it, and punish under it

Q.111only Congress has power to make law

R.193no person or group can make a law, judge on it, and punish under it

S.331only courts can decide punishment and regards with regards to law

T.331no controlling agency shall harass a US citizen (mixed war/treason)

U.431no controlling agency shall be formed in violation of US Constitution

V.441the US to protect every citizen against personal attack or attack on rights

W.612This Constitution is the Supreme Law of the Land.

X.613all law makers, court officials, and enforcement officers are bound by oath to the US Constitution.

8. Robert T. Jones and Jane Doe have constantly send unsolicited presentments to me trying to attach my property unlawfully.

A.AM 4I am safe from any unwarranted searches/seizures

B.AM 4any action against me must be fully described in writing, issued by a court of law, signed by a judge, and sworn on oath

C.AM 5no person to be forced to say or do anything that could be used against him later.

D.AM 5no person to be deprived o anything without due process

E.AM 9all rights belong to the people some are stated some are not

F.AM 10all government power comes from the consent of the people

G.AM 13no law-abiding person shall be forced to act against his will

H.AM 14all persons born or naturalized are US citizens and protected by US Constitution

I.AM 14all persons equally protected and restricted by law

J.AM 14no person to hold office if he rebels against or violates US Constitution (treason)

K.AM 14no state shall make or enforce any law limiting rights of US Constitution

L.AM 14no state shall deprive anyone of anything without fair trial

M.101no state shall work against US Constitution with anyone

N.101no state shall declare war on a person (resort to force) in violation of Constitution

O.101no state to pass any law impairing the obligations of contract

P.101no state shall allow any person or group to make a law, judge on it, and punish under it

Q.111only Congress has power to make law

R.193no person or group can make a law, judge on it, and punish under it

S.331no controlling agency shall harass a US citizen (mixed war/treason)

T.431no controlling agency shall be formed in violation of US Constitution

U.441the US to protect every citizen against personal attack or attack on rights

V.612This Constitution is the Supreme Law of the Land.

W.all law makers, court officials, and enforcement officers are bound by oath to the US Constitution

Surety: There are one-hundred fifty-five (127) listed Constitution and Bill of Rights violations valued at $10,000 per violation times two (2) Lien Debtors for a total value of this bill of two-million five-hundred forty-thousand dollars ($2,540,000.00) in Functional Currency of the United States. The surety/property utilized to guarantee the payment of this commercial lien is the operational/commercial bonds of each of the Lien Debtors. If the bond(s) of the Lien Debtors is/are insufficient for coverage the payment(s) the assets of the Lien Debtor(s) will be utilized as follows: all the real and moveable property and bank and savings accounts and of the Lien Debtors except wedding rings, keepsakes, family photographs, diaries, journals, etc., and the property normally exempted in the lien process (includes survival provisions).

Invoice: DEMAND IS NOW MADE UPON Robert T. Jones and Jane Doe individually or severally for the sum certain of two-million five-hundred forty thousand DOLS and zero CTS.

Proof of Allegations: see the official court file for Case No. 12345 on file at the FIRST DISTRICT COURT, CACHE COUNTY, STATE OF UTAH.

VERIFICATION

I, John H. Smith, over the age of twenty-one years, competent to witness, and upon my own unlimited commercial liability, do state that I have read the above Notice of Distress and do know the contents to be true, correct, and complete, and not misleading, the truth, the whole truth, and nothing but the truth, and do believe that the above described acts by the lien debtors/joint tort feasors have been committed with intent and knowledge contrary to law.

_________________________________________

__________

John H. Smith, all rights reserved without the US

date

NOTARY

I, ________________________________ , a notary public residing in _____________ county, Utah state, do say that on the _______ day of ____________ month, 2006 CE, that a man known to me as John H. Smith appeared before me in his true character and did affix his autograph to the above NOTICE OF DISTRESS OF BOND OF Robert T. Jones d/b/a JUDGE ROBERT T. JONES of his own free will and choice.

_________________________________

___________

Notary Public

date

Seal

PROOF OF POST AND CONTENTS POSTED

I, John H. Smith, over the age of twenty-one years, competent to witness, do say that on the ______ day of ________ month, 2006 CE, I did post or cause to be posted (postage prepaid) the above NOTICE OF DISTRESS AFFIDAVIT OF OBLIGATION OF NECESSITY to the below listed party within the US:

Robert T. Smith

Jane Doe

???

???, Utah

???, Utah

domestic, within the US

domestic, within the US

______________________________

________

John H. Smith, UCC3-402 (b)(1)

date

cc.: STATE OF UTAH RISK MANAGEMENT

???

???, Utah

A Security (15 USC)

A USSEC Tracer Flag

Not a Point of Law

123456789

John H. Smith

C/o ???

Anytown, Utah state

non-domestic, without US

Kevin JacksonPage 8 of 8