Enforcing a Commercial Lien

Enforcing a Commercial Lien

Postby chateaux69 » Mon May 10, 2010 2:04 pm

After completing the administative process with a bank and collections agency, I have a notarized Certificate of Non Response regarding my Affidavit of Obligation/Commercial Lien and would like some help with the next steps.

The Affidavit of Obligation/Commercial Lien was issued 1st March 2010 and the Certificate of Non Response was issued 30th April 2010. In the affidavit it was stated,
"Default:
In the event of Lien Debtors’ default; should payment in full not be received by Lien Claimant from Lien Debtors within thirty (30) days of notice of said default, triple damages plus costs will be added to the value of this Commercial Lien and the public liability insurance policies of Lien Debtors may be seized in order to satisfy any remaining value.
If this Commercial Lien has not been satisfied in full within ninety (90) days of service, Lien Claimant reserves the right to issue any and all recovery proceedings deemed to be necessary, as well as the right to claim exemplary damages for the commercial injuries caused, which will be charged at ONE HUNDRED TIMES THE VALUE OF THIS COMMERCIAL LIEN.


After reading various pdf's on Liens I can't find any that show how to complete the process and I was hoping some of the more experienced members of this forum could help.

Any and all advice would be welcomed.

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Re: Enforcing a Commercial Lien

Postby ala » Tue Feb 22, 2011 2:49 pm

all constructive critisism welcomed



how to file a english commercial lien

1.go to your local county court .
2.find the clerk or recorder of the deeds who is responsible for filing puplic documents.
3.ask them for the proper filing form
4.fill in the detail ,and ask them to file it
5.get a reciept.
Last edited by ala on Wed Mar 30, 2011 12:20 pm, edited 1 time in total.
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Re: Enforcing a Commercial Lien

Postby enegiss » Tue Feb 22, 2011 7:03 pm

there is a suggestion that you notarise the lien and turn it into a debt value, enter the debt as a (SD)special deposit with a bank, and give the bank the abillity to use the deposit as a loan vehicle to fractionalise, it is believed that this may lead to you charging interest to the bank for this loan of your SD to them, there are a couple of vids from the ship and mitre venue in liverpool explaining this better, by a guy called pete cooney, as for success, who knows, hope that helps. peace an light
if you wish to create a favourable History, then you have to start now.
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Re: Enforcing a Commercial Lien

Postby chateaux69 » Tue Feb 22, 2011 9:02 pm

Enegis - thank you for your reply and I believe what you say regarding entering the debt as a (SD)special deposit with a bank as Freeman Michael mentions this in one of his posts however it's the same old story of I know the theory but it's how to put it into practice seeing as the CC Co. has totally ignored all affidavits and proceeded with court proceedings. I've been in front of a judge already for a hearing and had to change my defence as the affidavits are not worth squat!!

I will of course look into Pete Cooney and see what that brings. Many thanks.

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Re: Enforcing a Commercial Lien

Postby enegiss » Tue Feb 22, 2011 10:14 pm

as the affidavits are not worth squat!!
:grin: aint that the truth, lol, wriggly worms arent they, more to the point, what are they worth now to you! (the affi,s) squat. i am sure it is meant to seem that way, but in reality, we know them to be the truth and they are worth to ourselves the evidence of their wrongs, for if the tables ever turn, what do they hold to re-butt them, other than their aquiessence by silence, so in time maybe, who knows? best of luck bruv. peace and light
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Re: Enforcing a Commercial Lien

Postby Freeman Stephen » Tue Feb 22, 2011 10:27 pm

This sounds a bit nuts and i know very little about Cr but isnt the next step to go and seize their property. If you contact the police they might even accompany you to make sure neither of you do anything illegal. Having the police at your back suggests to your debtor that your seizure is not illegal.
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Re: Enforcing a Commercial Lien

Postby huntingross » Tue Feb 22, 2011 10:41 pm

I was present in a Court of Session case where reliance upon an un-rebutted affidavit was key.

The judge didn't place much worth on it for the reason that whilst the affidavit may be a statement of facts, it is not as strong as cross examined evidence in court.

The affidavit is a pre-judicial process. The following is taken from Thefreedictionary

Judicial Proceedings :
Affidavits serve as evidence in civil actions and criminal prosecutions in certain instances. They are considered a very weak type of evidence because they are not taken in court, and the affiant is not subject to cross-examination. Their use is usually restricted to times when no better evidence can be offered. If a witness who has made an affidavit is not available to testify at a trial, his or her affidavit may be admitted as evidence. If the witness is present, his or her affidavit is inadmissible except when used to impeach the witness's testimony, or to help the witness with past recollection of facts.

Affidavits are also used as evidence in ex parte proceedings such as a hearing for the issuance of a Temporary Restraining Order or an order to show cause. The expeditious nature of such proceedings is considered to substantially outweigh the weak Probative value of the affidavits. In addition, there is normally a subsequent opportunity in the course of litigation for the opposing party to refute the affidavits or cross-examine the affiants.

An affidavit based on the knowledge of the affiant is accorded more weight than one based on information and belief. When admissible, affidavits are not conclusive evidence of the facts stated therein.

Administrative Proceedings :
Affidavits are frequently used in administrative and Quasi-Judicial proceedings as evidence when no objection is made to their admission and there is an opportunity for cross-examination.
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Re: Enforcing a Commercial Lien

Postby virtualcrusader » Sun Jan 06, 2013 10:21 pm

ala wrote:all constructive critisism welcomed



how to file a english commercial lien

1.go to your local county court .
2.find the clerk or recorder of the deeds who is responsible for filing puplic documents.
3.ask them for the proper filing form
4.fill in the detail ,and ask them to file it
5.get a reciept.



Ala, all good and certainly sounds first steps and then 'what' ?
You walk into someone's house and take their goods ?
You pass it to the sheriff to do ?
Anybody out there taken this far enough to confirm the possibilities ?
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