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Liens Against Non-Payors

Robert Kaltenbach

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ir color of law courts' jurisdiction. No statutory judge has authority to remove it. In fact the commercial lien has a clause warning the statutory judges and attorneys from attempting such. One said he had jurisdiction over property in this state and demanded I proceed. I excepted to his ruling and questioned the constitutionally of the validity of his appointment and the State/state that his oath was given to. Each time the attorney spoke up I moved to strike what he said until he showed me a license to practice law which he was unable to do. After he was allowed to speak I sat still and constantly said this court has no jurisdiction. It is not properly set. No judge is sitting and an unlicensed attorney is practicing law before the bench. The case was taken under advisement and later withdrew by the Plaintiff. The lien is still on the property after 7 years. I'll just have to out live to collect as we have no remedy to force collection. Attached is a small commercial lien filed in 2005. She consulted a hot shot attorney and he backed off after calling me on the phone 1 time. Said his fee would be double the cost of paying off the lien. Use attachment as a sample. The state attorney general got involved in one lien I filed and he remained silent. I was threatened with a slander of title charge but held my ground. Never heard another word.

R.K.

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NOTICE OF COMMERCIAL LIEN

DEFAULT JUDGMENT

Against Lien Debtor:

Barbara Deville

Aka

Barbara Adams

The undersigned, Robert Kaltenbach, Lien Claiment herewith claims a Commercial Lien upon all the real and personal property of the above-cited Debtor as set forth in the Commercial Affidavit filed on July 08, 2005 under File No. 2005-00031027 with the Clerk of Court for the Parish of Lafayette, State of Louisiana.

The Lien Debtor failed to respond to the Commercial Affidavit served by the United States Mail Return Receipt Certified Mail number 7004 0750 0002 0411 2694 in which said Lien Debtor was provided commercial due process of law and forewarned of the consequences of disregarding the Notice and Warning. Having so disregarded the Notice and Warning, this Default Judgment is recorded and the Lien is now made absolute for 100 years.

The sum of Nine-Hundred Dollars ($900.00) plus all cost is now in effect with interest at the rate of 21% per year from July 8, 2005 and shall remain in effect until the Lien has been properly extinguished and/or satisfied.

Warning is given that to all Bar Members, titles of nobility, and other fictions who may act against this secured party, creditor, affiant, Robert Kaltenbach, that this proceeding is non-judicial and outside the statutory jurisdiction of all Bar Associations. Any intrusion will be presented to the Judiciary Commission for intrusion into a jurisdiction outside all bar association courts, and a commercial lien for damages will be placed upon all of the intruder’s property. This is not a case under any bankruptcy, admiralty or maritime jurisdiction, nor under any War Powers Act, and all fictional intruders are hereby forewarned and cautioned to consider the penalty for entering a non-judicial commercial proceeding uninvited in any capacity without standing.

________________

Robert Kaltenbach Served via Certified Mail # 7004 0750 0002 0411 2717

1334 Division Road

Arnaudville, LA 70512

July ____2005

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COMMERCIAL LIEN AFFIDAVIT

NOTICE OF VERIFIED NON-JUDICIAL PROCEEDINGS

NOTICE AND WARNING OF NON- BAR SUBJECT MATTER JURISDICTION

July __, 2005

Louis J. Perret, Clerk of the Lafayette Parish Courthouse also known as the Fifteenth Judicial District Court for the Parish of Lafayette, and Michael Neustron Sheriff of Lafayette Parish, and Barbara Adams also known as Barbara Deville. You are hereby notified that a non-judicial lien proceeding is established by the recording of this:

NOTICE OF NON-JUDICIAL COMMERCIAL LIEN AFFIDAVIT

I, Robert Kaltenbach, hereby command Barbara Adams/Deville to answer my commercial affidavit point for point within 10 days of this _____ day of July, 2005 or suffer the pains and penalties of default.

I, Robert Kaltenbach, the undersigned Lien Claimant, the superior secured party/creditor, claim a commercial lien upon the real and personal property of Barbara Adams/Deville, hereinafter Lien Debtor charges as follows:

1. I, Robert Kaltenbach, the undersigned do solemnly declare:

2. That Robert Kaltenbach is a flesh and blood, living, breathing God created man and not a corporate entity, strawman, or other fiction of law.

3. That Robert Kaltenbach has personal knowledge of the facts presented herein; and

4. That Robert Kaltenbach is competent to state to the matter set forth herein; and

5. That all the facts stated herein are true, correct, certain, admissible as evidence and if called upon as a witness will testify to their veracity; and

6. That Robert Kaltenbach records this non-judicial affidavit to establish due process of law to the eternal principles of commercial law, which includes:

a) A workman is worthy of his hire.

b) All are equal under the law.

c) In commerce truth is sovereign.

d) Truth is established in the form of an affidavit.

e) An unrebutted affidavit stands as truth in commerce.

f) A matter must be expressed to be resolved.

g) A lien or claim can be satisfied only through personal rebuttal, resolution by a proper jury, or payment.

7) That commercial process (including this affidavit and the required response to it) are non-judicial and outside all Bar Association subject matter jurisdiction because:

a. No judge, attorney, court, government, or agency thereof, or any other third party title of nobility whatsoever can abrogate anyone’s affidavit of truth; and

b. Only a party affected by an affidavit can speak and act for himself and is solely responsible for responding with his/her own affidavit of truth, which no one else can do or assist therein; and

c. A response affidavit must contain certain elements in order to be commercially valid.

8) That in compliance thereof Robert Kaltenbach considers Barbara Adams/Deville a bad faith obligator for the following reasons:

a) On June 14, 2005 Lien Claimant, Robert Kaltenbach, offered to repair a bathroom floor on property belonging to the lien debtors for the price of $900.00.

.

b) The Lien Debtor accepted the agreement and work proceeded on June 16, 2005.

c) The work was completed on June 18, 2005.

d) After completing the work a bill was presented to the lien debtors at:

!25 Harolyn Park Drive, Lafayette, LA 70503

e) Telephone calls to the lien debtors concerning payment either produced no response or defective answering device.

f) The Lien Debtor’s bad faith conduct has breached the agreement and is therefore in default and dishonor.

9) Claimant, Robert Kaltenbach, now seeks a lawful judgment of lawful money plus interest and all present and future cost.

10) This commercial lien is good for one hundred years and is placed upon the following described property:

Lot # 11 of Arnould Heights Subdivision Extension #2 located at 208 Tours Street in the City of Lafayette, Lafayette Parish, Louisiana. 70507.

11) By failure to pay Lien Claimant, Robert Kaltenbach, after the job was completed Lien Debtor Barbara Adams/Deville has dishonored the terms of a commercial agreement, denied Robert Kaltenbach contractual rights and is fully liable to Robert Kaltenbach as follows:

Balance due on agreement ……………………$900.00

Present cost of this filing of ……………………….60.00

12) That as a result of this non-payment Robert Kaltenbach claims 21% interest upon the amount

(s) from the date of filing and date additional funds were advanced and to be advanced.

13) Warning is given to all Bar Members, titles of nobility, and other third party fictions who may attempt act against this secured party, creditor, affiant, Robert Kaltenbach, that this proceeding is non-judicial (not under the Louisiana Code of Civil Procedure) and outside the statutory jurisdiction of all Bar Associations and its members. Any uninvited involvement by a third party will trigger a claim against you in your individual capacity according to commercial law.

14) There is no way for a statutory Bar Association court to preempt commercial law. For any officers thereof, to claim subject matter jurisdiction in a non-judicial commercial law case would be suicide, as any entry by a fiction would violate commercial due process of law; any Judge that assumed otherwise will be held accountable and I will place his oath in jeopardy. The only way this dispute can be settled is by a jury at common law as per UCC-1-103.6

15) Any intrusion or fictional judgment that may be obtained in a fictional court will be lacking subject matter jurisdiction and be annulled in a state court and/or voided in a federal court in accordance and under the rules of common and commercial law.

16) CAVEAT! Don’t be misled to believe there is no common law in Louisiana. Such presumption is balderdash. My status commands common law. I am not a debtor to the bankruptcy of the United States. I am a creditor. See Article VII of the Bill of Rights as provided in the Amendments to the Constitution of the United States.

17) This is not a case under any fictional code, bankruptcy, admiralty or maritime jurisdiction, military tribunal nor under any War Powers Act, and all fictional intruders are hereby forewarned and cautioned to consider the penalty for entering a non-judicial commercial proceeding uninvited, in any capacity, without standing.

18) Statutory relief from a commercial lien is failure to state a claim upon which relief can be granted. Any judge that should believe otherwise is guilty of Judicial Misconduct. He is also prejudice and bias and should recuse himself sua sponte and ex proprio motu.

Further Affiant Sayeth Naught.

_________________________

All rights reserved without prejudice

UCC 1-207

Robert Kaltenbach, sui juris

1334 Division Road

Arnaudville, LA 70512

Subscribed to before me the undersigned Notary on this ____ day of July 2005.

_________________________

Notary Public