Monday, April 28, 2014

Land Taxes - A4V and COD


I, Jane-Quinn: Doe, a living soul, over 21 years of age, being competent to testify and having first hand knowledge of the facts herein, declare under penalty of perjury of the laws of the united States of America, that the following information is true and correct:

  • Payment of 2012 Taxes and 2011 Tax Lien for parcel number 987654321 was mailed September 16, 2013 to Hoopla County Treasurer (HCT) via USPS Certified Mail Number: 7000 1000 0001 8765 4321, and confirmed as delivered by USPS Delivery Verification at 10:01am September 19, 2013.
  • Payment was made in the form specifically requested by HCT, a money order, a valid negotiable instrument per Uniform Commercial Code Article 3, drawn on a legitimate and open account, tendered in full satisfaction of the claim in the amount of $922.26, sent by the date requested, fully endorsed front and back, all in accordance with UCC § 3-419 and House Joint Resolution 192 of June 5, 1933.
  • When I requested notification and verification that the payment was received and properly credited to my account, HCT, in apparent bad faith, would neither confirm nor deny receiving it, addressed unrelated issues, ignored my requests and continued to invoice me for payment with interest.
  • A NOTICE OF DISHONOR AND OPPORTUNITY TO CURE was mailed to HCT October 18, 2013 in which I requested a direct response to my inquiries within 30 days.
  • A letter was received from Mr. Big Mann, Attorney acting on behalf of Hoopla County Treasurer, dated October 30, 2013 in which he addressed an unrelated issue from a previous communication, namely the inapplicability of form 1040-V, which was not included in the mailing of the payment in question as detailed above.
  • A response was mailed back to Mr. Mann, dated November 12, 2013, in which I asked him to rebut or disprove my assertions of fact as detailed in the NOTICE OF DISHONOR, and asked him to respond within 14 days, otherwise the additionally enclosed COURTESY NOTICE would govern the terms of any future communication between our parties. Mr. Mann failed to respond to my request.
  • HCT received a SECOND NOTICE OF DISHONOR, dated November 20, 2013, stating that the only satisfactory remedy to this situation is to confirm the acceptance of the money order as delivered, that the amount of $922.26 is properly credited and applied towards the 2012 property taxes and tax lien on the above mentioned parcel, and the outstanding balance be discharged, with zero owing.
  • In response, Ms Big Wigg, Hoopla County Treasurer sent a letter dated November 26, 2013 stating “Your taxes remain outstanding until the proper form of payment is received.” along with an invoice for $961.27.
  • This letter activated the Terms and Conditions of the COURTESY NOTICE dated November 12, 2013, mailed to Mr. Mann, who was obligated under Principal Agent Doctrine, and as the Attorney for HCT, to notify Ms Wigg of its contents and intent.
  • As a result, an invoice has been generated that holds Ms Wigg, now Respondent, personally liable in the amount of $6,883.81. This invoice will be considered satisfied and the matter resolved only after Respondent provides proof of discharge of said tax lien by or before the invoice due date of January 23, 2014. Otherwise, if Respondent continues illegal collection attempts on behalf of HCT, Proponent will respond with collection efforts in like degree, along with any other means of restitution deemed necessary, until the resolution of this matter is achieved.

Whereas HCT has apparently refused a valid payment instrument per UCC Article 3 § 3-311, Accord and Satisfaction By Use of an Instrument, and;

Whereas HCT has had plenty of opportunity to appropriately address my legitimate requests and provide sufficient verified response to support their position, yet failed to do so, and;

Whereas Ms Wigg is professionally in Breach Of Fiduciary Duty per UCC § 3-307 and personally liable for the invoice generated as detailed in the COURTESTY NOTICE, Terms & Conditions Reference Number: TC-1234567, and;

Whereas I rebut the presumption that Hoopla Country Treasurer has the authority or jurisdiction to impose taxes on my property as a condition of ownership, and;

Whereas I now and here forward claim my right to freehold ownership of the property in question in fee simple absolute, and claim my owner's right-of-use to be free of conditions which HCT is attempting to impose with this tax, and;

Whereas when asked, Mr. Mann failed to produce any evidence of a valid legally binding contract requiring me to pay any amount of money to HCT, and in fact no such contract does nor has ever existed, and;

Whereas Hoopla County Treasurer is in fact a foreclosed entity, as detailed in the COURTESY NOTICE, whose agents are acting illegally under color of law, and who can and will be held personally responsible and liable for their actions, and;

Whereas Maxim of Law states a claim can be resolved only through rebuttal by counter-affidavit point-for-point, resolution by jury or payment, and;

Whereas HCT's rebuttal must be in the form of an affidavit, signed under penalty of perjury as required by the Federal Rules of Evidence and 26 U.S.C. §6065, and;

Whereas an unrebutted affidavit stands as truth in law, and HCT has not provided any verifiable proof of their position nor made any effort to rebut even a single one of my claims, and;

Whereas, without proper response from HCT, Proponent's claims and assertions stand as unopposed statements of fact, and HCT is held in default and estoppel from future action, and;

Therefore, having proven my case, and standing in truth, I seek the resolution of this matter by discharge as herein described.

Further, Affiant sayeth naught.

Copies of Supporting Documents Included:
Invoice dated Dec. 23, 2013; COURTESY NOTICE, dated November 12, 2013; Tax Lien Sale Certificate No. 12,345, Book No. 98, Schedule No. 987654321, printed November 26, 2013; Original money order with payment instructions, dated September 16, 2013.

In light of this dishonor and default, I hereby request your services as a Notary Public for the State of Yours, to evidence the dishonor as outlined above.

Delivered by Certified Mail Number: 7000 1000 0001 8000 9876
Dated: December 23, 2013

By: _____________________________
Jane-Quinn: Doe
Authorized Representative for JANE Q DOE
Mailing Address: Your address, Small Town, AZ 97654

State of Arizona
County of Hoopla

On this, the 23 day of December, 2013, before me, a Notary Public, the undersigned officer, personally appeared Jane Doe, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.

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