From: John Henry Doe Secured Creditor
Registered U.S Mail #
Attorney In Fact for JOHN H. DOE
Notice # 20031106A
12345 South State College Boulevard
Anaheim, California, 92806
Manger of Levies &Attachment Dept # 20476
Bank of America
P.O. Box 54660/ MC: CA9-705-05-07
Los Angeles, Ca 90054-0660
Regarding : Checking Account # 18138-00585 and a Defective Franchise Tax board
notice to levy by way of a defective Fraudulent Commercial Claim.
ORDER TO CEASE AND DESIST
Dear Manger of Levies & Attachment Dept.,
I am the secured Party authorized to speak for and respond on behalf of JOHN H.
DOE. A Franchise Tax Board (hereafter called F.T.B.) agent is attempting to
take exempt property in which I have a primary and perfected UCC-1 security
interest.
The taking of said property is being attempted through a non-judicial process;
that is, it is being attempted through a commercial process. However, the
Commercial process used in this taking is a defective process for the following
reasons:
1. The F.T.B process requires a signed assessment to be issued in affidavit
form, sworn to be true correct and complete, with positive identification of the
affiant (agency employee or agent) under 26 CFR 301.6203-1, IRM
3(17)(14)(4-1-96) and Revenue and Taxation Code 19522 (Conformity Clause).
2. As the primary Secured Party, I have never received a signed assessment in
affidavit form, sworn to be true, correct and complete, with the positive
identification of the affiant (Agency employee or agent).
3. The F.T.B. is required by law to provide me with a true bill sworn to be true
correct and complete, with positive identification of the affiant (Agency
employee or agent).
4. I have never received any such true bill sworn to be true, correct and
complete with positive identification of the affiant (Agency employee or agent).
5. If such an assessment existed, supported by affidavit and true bill with
positive identification, and I had not paid that bill, then the creditor, be it
the United States Treasury, Federal Reserve Bank, F.T.B, or other private entity
would have the power to issue two processes; namely, (A) A Distress which has
the instantaneous effect of a Lis pendens Lien in Commerce, suspending property
in a third party custody of a bank or Sheriff, etc until some performance is
satisfied, and or (B) a lien which has the effect of seizing property in three
(3) months (90 days) upon failure to rebut the affidavit of claim.
The Commercial Grace of a Distress is guaranteed by the attachment of an
Indemnity Bond known as a Bond on Distress, or a Distress Bond. Whereas the
Commercial grace of a lien exists in the three (3) months (90days) delay of
execution process, allowing a verbal or written combat period.
Furthermore, both a lien and a distress must be in the form of an affidavit
sworn to be true, correct and complete, on the positive identification of the
affiant (Agency employee or agent).
6. I have received neither a lien nor a Bonded Distress. (Both of which would
have to be supported by affidavits and a true bills as described in parts 1,
through 4 above).
7. When a Lien or a Distress Bond is issued, it must be
immediately followed by serving at least a Notice of Lien or Notice of Distress
upon the Lien Debtor or Distress defendant, respectively, and preferably, a full
copy of the Lien or Bonded Distress should be served upon the Lien Debtor or
Distress Defendant.
When a Notice (earnings withholding order) alone is presented to the
Debtor or defendant party, specific instructions must be given in the notice
telling the Debtor or Defendant where a true correct complete copy of the Lien
or distress can be found, studied and copied.
8. Since No affidavit, True Bill, Lien or Distress exists in this taking, it is
impossible for a lawful Notice to exist stating where either the Lien or
Distress can be found studied and
copied.
9. An instruction to commercially seize, known as Levy, being a Forth Amendment
United States Constitution instrument, is essentially a Commercial warrant on
Probable Cause, hence must be supported by a commercial affidavit, a
commercial true bill, a commercial Lien or Distress and proof of Commercial
Notice. All of these must be provided. If a distress is used and
Indemnification Bond must also accompany this collection of instruments in order
for the Levy or withholding order to be empowered in Commerce so that it may be
used at some future time to justify an execution sale or transfer through a
commercially Legitimate action.
10. No Notice to attach or take can be presented in this taking because ALL of
the supporting Commercial processes are lacking; and
11. The first defect in this taking is the lack of a commercial Assessment
described in parts1, and 2 above. A taking or legal case stops at it's first
defect.
Therefore, this matter never really was initiated; it does not exist in
Commerce. So every action so far in this taking is Reversible error.
Therefore, Demand is hereby made upon Bank of America Manger of Levies &
Attachment Dept to cease and desist your seizure activity and release all seized
funds immediately within three days under Reg. Z.
Under the Law when you receive a defective Notice of Levy from the F.T.B or any
other Taxing agency that has failed to provide the minimum supporting documents
I have outlined in this letter, and to avoid being held liable, you are required
to return their defective notice Refuse for Cause Without Dishonor, because of
the following reason: notice of levy from the F.T.B is lacking a proper
affidavit, true bill, and distress bond or bond of Distress that must accompany
said notice to support any legitimate "Notice of Levy" or "Earnings withholding
Orders” naming ALLEN E MATTHEWS. Since there are no such documents that have
been provide by taxing agency, therefore your order is being returned.
There is no statute of limitations when FRAUD is involved, and I intend to
prosecute anyone and everyone involved, in their commercial as well as their
individual capacity.
If said documents are ever presented to you in the future, as my fiduciary, you
are hereby noticed to provide them to the secured creditor immediately, at:
John Henry Doe
12345 South State College Boulevard
Anaheim, California, 92806
As a review, you do not have my permission to disburse these funds without my
express written permission, any such unauthorized disbursement of these funds
which I hold a security interest in constitutes a breach of contract and will
subject you and your agents, assigns and heirs to a min. of five million u.S
dollar penalty for each and every occurrence plus legal fees, and subject you to
all the terms and conditions of the registered security agreement on file with
the California secretary of state that is held against this account and that
secured property.
Notice to agent is notice to principal Notice to Principal is notice to agent.
A lack of response on your part will signify that a fault under UCC 1-201(16)
exists, creating fraud through material misrepresentation, as per UCC
1-103. Additionally, if you fail to comply or respond within 15 days of the
mailing of this NOTICE, such non-response will irreversibly constitute your
acceptance of the commercial penalties described herein, and this penalty will
be immediately payable and enforced via this secured transaction. All rights
reserved without prejudice, UCC 1-207.
Date :____________ _________________
Signed