Does anyone know any sample cases I can look into for filing a case? A little background on the story. I have had to make decisions quite frequently over the last few years as to holding off payments for certain non essential bills. This falls into that category as there exists no contract specifically naming myself and the Plaintiff's. Everyone always gets paid but not always on time.
In 2013 - I was just starting out and did not know much. I received a property lien in June and arranged monthly payments until it was finished off early the following year.
In May 2015 - I received another Lien placed against my property. I spent a week or so coming up with a letter asking them to remove the lien stating it was unlawful and they had violated my right to due process. I offered to pay the balance under no obligation in July minus the fees for both liens.
In June 2015 - In an event that almost cost me my marriage I had to go ahead and pay the $972. It is nearly two months later and we are still struggling to pay for our food and they will be right back at it come January.
I now have 5 peoples names that touched paperwork on this including their attorney. I'm wanting to get some good paperwork submitted. I'm completely fine allowing them to settle out of court for 2-3% of what I'm asking for the charges provided they provide me an affidavit stating they will never harass me again.
These people are insane and on a power trip. They recently put a sign up that they installed cameras and will prosecute anyone they find feeding ducks!
Eric
"Supreme Court says corporate entities cannot be used to evade Constitutiona"
By, George K. Staropoli
06.12.15
"Supreme Court says corporate entities cannot be used to evade Constitution The recent non-HOA decision by the US Supreme Court in DOT v. Assn American Railroads1 has a direct bearing on the constitutionality of the HOA legal scheme. This case dealt with the legal status of AMTRAK — is it or is it not a government entity — and was there an unconstitutional delegation of legislative authority. While I have argued that HOAs are de facto private governments based on their powers, authority and functions, I make the argument that as a de jure (according to the law) private corporation, HOAs have been unconstitutionally delegated legislative powers.
At issue were opposing arguments that AMTRAK violated “the nondelegation doctrine and the separation of powers principle by placing legislative and rulemaking authority in the hands of a private entity” (p. 3) and that “its charter's disclaimer of agency status prevent[ed] it from being considered a Government entity” (p. 6); “Amtrak was created by the Government, is controlled by the Government, and operates for the Government's benefit. The Government even ‘specif[ies] many of its day-to-day operations’ and ‘for all practical purposes’” (p. 7).
Two very critical points relating to the HOA legal scheme are made.
http://www.rumormillnews.com/cgi-bin/forum.cgi?read=20330
God works in mysterious ways, the latest attempt by HOA to scare me into paying a VOID judgement was to try to turn off my water. They failed. I will take my case to the Federal courts to remove the judgement as soon as I feel comfortable that the court will honor my due process rights.
Thank you. I've had this on the back burner for a bit. Two things I'm making sure I have everything in order and I'm going to get out of the house first before I file the charges. The entire debt load has just kept me from doing pretty much anything. I've decided the best bet is to sell the house, pay off most bills and rent for a year or so. Once I'm out from under the burden of debt and outside of their influence I can pick it right back up.
BTW they also charged $150 attorney's fees the next year for looking over the notice I sent! Its all going in the documentation.
Also I got a call on here with a recommendation to pretty much not do anything. IMO that's the worse thing that we can do that is why we are in this mess in the first place! The more we don't fight back the more they will put us through.