What is the name of your state? Florida
Want info & example for filing WRIT OF MANDAMUS to force County Clerk to do her job (per Oath of Office) -- to apply the Florida Statute specifically governing her function, to enforce the most elemental, essential requirement prior to accepting a document for filing in the Official Records of the County.
UNIFORM LIEN REGISTRATION ACT is VERY SPECIFIC -- Only CERTIFICATION allows a lien or notice of lien to be filed by the County Clerk. Most people must use certification language and sign with responsibility for the truthfulness of the document/lien (sworn statement) AND ALSO have their signatures notarized -- but government agencies do not have to have this ADDITIONAL / SECOND certification/ notarization of the original signer/certifier's signature. -- Still, the ORIGINAL certification is required (original signature with someone taking responsibility for accuracy, truthfulness, legality, procedural completeness, etc. -- someone liable for their actions) -- even though the government official does not need his/her signature (with certification language) also notarized.
Clerk of Court is filing IRS liens that have only a computer facsimile of a signature and which lack any certification language whatsoever. Those documents do not meet even the barest minimum requirement to be filed --hence, the Clerk is legally obligated to return the documents to the filer to correct the filing deficiency.
Clerk refuses, quoting a Revenue Ruling which says the IRS did not grant the states authority to make any requirements for filing in their states, and the IRS can do whatever it pleases.
(1) Precedence of laws -- States never relinquished their superior position regarding property and due process laws for their citizens and property within their borders, so State Law is supreme here over federal.
(2) Revenue Rulings are not even "law" per Supreme Court rulings. They are internal administrative guidance which may be enforced against internal agency personnel, but NOT against anyone outsidethe agency. So even if they were "law" (are not, not passed by statute and supported by implementing regulations published in the Federal Register -- and those which are published cannot be "enlarged" by an agency -- also, two govt. lawyers in recent Fed Court case stated under oath that IRS is NOT a federal agency, either!) -- even if agency, and agency rulings were "law," still state law would govern here.
If this were not so, all the states should just flush their laws (e.g., Uniform Lien Registration Acts, etc.) down the toilet.
Problem: How to make the Clerk abide by the law and enforce the Florida Uniform Lien Registration Act -- to require that the filer provide a document which on its face meets the minimum requirements, including also certification language and an original signature of a live person certifying to the truth -- even though no ADDITIONAL certification or Notarization is required.
Solution -- WRIT OF MANDAMUS (command). In Florida, and I checked and found that Original Jurisdiction for such is vested in the Circuit Court and District Court. Here, since it is a county official who must be ordered (mandated) to enforce the minimum, clear requirements of the Florida Law for "only certification enables a lien to be filed," the Circuit Court is chosen.
I have never seen any such administrative writs, and I keep reading about judicial appeal writs. HELP!
(1) Do you have a sample Writ of Mandamus which I might use as a model? I know I have to insert the correct facts and law and attach a Memorandum of Law on both hierarchy of laws and what the Florida Uniform Lien Registration Act says so clearly and succinctly. -- OR -- Do you know where I might go to see such writ example?
(2) Do you have any Florida citations that might help? Any other help with this court document filing?
Here, the clerk is clearly afraid of the big bully (IRS), but legally, the clerk has no option but to enforce the Florida Statutes. Now I must convince a judge to order the Clerk to do just that.
No rambling postings, please -- No time for such -- but HELPFUL INFORMATION is MOST welcome! Thank you.
Can copy your posting and paste into e-mail message to <[email protected]> as it might be a while before I have time to review postings at this site.
Please, in subject line write: "WRIT OF MANDAMUS" so I know to read the posting from you, an otherwise unknown person.
Want info & example for filing WRIT OF MANDAMUS to force County Clerk to do her job (per Oath of Office) -- to apply the Florida Statute specifically governing her function, to enforce the most elemental, essential requirement prior to accepting a document for filing in the Official Records of the County.
UNIFORM LIEN REGISTRATION ACT is VERY SPECIFIC -- Only CERTIFICATION allows a lien or notice of lien to be filed by the County Clerk. Most people must use certification language and sign with responsibility for the truthfulness of the document/lien (sworn statement) AND ALSO have their signatures notarized -- but government agencies do not have to have this ADDITIONAL / SECOND certification/ notarization of the original signer/certifier's signature. -- Still, the ORIGINAL certification is required (original signature with someone taking responsibility for accuracy, truthfulness, legality, procedural completeness, etc. -- someone liable for their actions) -- even though the government official does not need his/her signature (with certification language) also notarized.
Clerk of Court is filing IRS liens that have only a computer facsimile of a signature and which lack any certification language whatsoever. Those documents do not meet even the barest minimum requirement to be filed --hence, the Clerk is legally obligated to return the documents to the filer to correct the filing deficiency.
Clerk refuses, quoting a Revenue Ruling which says the IRS did not grant the states authority to make any requirements for filing in their states, and the IRS can do whatever it pleases.
(1) Precedence of laws -- States never relinquished their superior position regarding property and due process laws for their citizens and property within their borders, so State Law is supreme here over federal.
(2) Revenue Rulings are not even "law" per Supreme Court rulings. They are internal administrative guidance which may be enforced against internal agency personnel, but NOT against anyone outsidethe agency. So even if they were "law" (are not, not passed by statute and supported by implementing regulations published in the Federal Register -- and those which are published cannot be "enlarged" by an agency -- also, two govt. lawyers in recent Fed Court case stated under oath that IRS is NOT a federal agency, either!) -- even if agency, and agency rulings were "law," still state law would govern here.
If this were not so, all the states should just flush their laws (e.g., Uniform Lien Registration Acts, etc.) down the toilet.
Problem: How to make the Clerk abide by the law and enforce the Florida Uniform Lien Registration Act -- to require that the filer provide a document which on its face meets the minimum requirements, including also certification language and an original signature of a live person certifying to the truth -- even though no ADDITIONAL certification or Notarization is required.
Solution -- WRIT OF MANDAMUS (command). In Florida, and I checked and found that Original Jurisdiction for such is vested in the Circuit Court and District Court. Here, since it is a county official who must be ordered (mandated) to enforce the minimum, clear requirements of the Florida Law for "only certification enables a lien to be filed," the Circuit Court is chosen.
I have never seen any such administrative writs, and I keep reading about judicial appeal writs. HELP!
(1) Do you have a sample Writ of Mandamus which I might use as a model? I know I have to insert the correct facts and law and attach a Memorandum of Law on both hierarchy of laws and what the Florida Uniform Lien Registration Act says so clearly and succinctly. -- OR -- Do you know where I might go to see such writ example?
(2) Do you have any Florida citations that might help? Any other help with this court document filing?
Here, the clerk is clearly afraid of the big bully (IRS), but legally, the clerk has no option but to enforce the Florida Statutes. Now I must convince a judge to order the Clerk to do just that.
No rambling postings, please -- No time for such -- but HELPFUL INFORMATION is MOST welcome! Thank you.
Can copy your posting and paste into e-mail message to <[email protected]> as it might be a while before I have time to review postings at this site.
Please, in subject line write: "WRIT OF MANDAMUS" so I know to read the posting from you, an otherwise unknown person.
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