enterprise affecting interstate commerce

commit two or more acts of fraud or extortion resulting in

damages to property or a business. Property includes bank
accounts and money. Lost business opportunity is damage to
a business interest. Before any party can legally prevail
in any lawsuit, the party must be prepared to show standing
to sue in the jurisdiction and standing to sue the
respondent party. Corporations must also be prepared to
show that the corporation�s charter authorizes the activity
sued over and also authorizes suing. The party legally
prevailing in any lawsuit must show that a contract exists
if the matter is a breach; and regardless, every prevailing
party must �prove up� a claim of damages. After judgment is
rendered, there must always be a second proceeding in rem
for collection. Even though in rem proceedings have been
simplified in most jurisdictions, don�t count on attorneys
knowing how to file an in rem petition.
The Debt Collection Industry is a multi-billion dollar
racket run throughout the country. Just as a photocopy of a
$100 bill is evidence of a $100 bill, it is not the actual
Federal Reserve note; it�s a copy that doesn't spend. Yet,
debt collectors are collecting billions on photocopies of
debt. That is, evidence of debt, not the debt.
The evidence of debt is being sold for and purchased
for pennies on the dollar, while debt collectors/attorneys
are collecting on the full face value plus penalties and
attorney fees. There have been numerous occasions where 2,
3, and even 4 debt collectors have had photocopies of the
same debt and were all trying to collect on the same debt,
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at the same time. How many times does one owe on the same
debt? If at all?
The Courts have been rubber-stamping these
transactions for so long that it has now become custom to
rubber stamp. A custom that is at its best, difficult to
overcome. The Courts don't like having to actually consider
the facts and evidence, it is so much easier to hand out
your money than for them to behave according to their own
rules of procedure and evidence. The Courts want you to
prove a negative that you don�t owe. While refusing to
require the Plaintiff to prove the charges he has brought
against you.
Recently, a housewife in Colorado had gotten totally
fed up. She has sued Wells Fargo for their participation in
this racket. What happens most often is that a bank or
credit card company will bundle defaulted accounts and sell
them on the debt wholesale market. This is after they have
written them off on their corporate taxes and collected the
bad debt insurance. Then they destroy all of their records
so they cannot be compelled to show that they have
collected insurance to pay off the debt.
The wholesaler will then re-bundle and sell either to
attorneys or to companies dedicated to collecting on these
defaulted, already paid for, accounts. (Again, this is
after they have been written off on corporate taxes and bad
debt insurance has been collected.) What is being sold are
photocopies of debt, they don't (except on very rare
occasions) have the original thus cannot extinguish the
debt when paid. What is worse, if there are a thousand
photocopies, there will be a thousand claims and since none
are the original, none can be satisfied/extinguished. Isn�t
that great!
It�s come to my attention that there is web site where
attorneys can go to purchase supposed Affidavits from their
supposed clients; just fill in the blanks and low and
behold an Affidavit appears. Now isn�t that slick? The
Affidavit that appears is at best defective, at worse, a
fraud upon the Court; don�t forget the Rubber Stamp Factor
of the Courts.
The debt collection racket is one of the biggest
components of the obscenely corrupt legal industry. If
after reading this book you were to carefully examine any
debt collection lawsuit case you will very likely find that
almost none of them was done properly.
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Julio Martinez-Clark � www.Beat-Debt-Collectors.com
3. Secrets of the Legal Industry
Most judgments are not merely voidable, but are in
fact void judgments. They can be vacated; made to go away
(Although, it is an up hill battle). Rarely has any
authenticated evidence, competent fact witness, or even a
claim been put before a court and on the record.
Defective affidavits, hearsay as evidence and no
stated damages are but a few elements that rob the court of
subject matter jurisdiction (at last count there are more
than twenty elements that deprive the court of subject
matter jurisdiction. Some of the elements are: denial of
due process, denial of access to court, fraud upon the
court, and fraud upon the court by the court. Although
these pages are aimed primarily towards debt, credit card
debt, the principals set forth herein apply to virtually
all civil and criminal cases.
Common pleas such as "open account" or "account
stated" are often used in place of, and sometimes in
conjunction with, breach of contract. To file under breach
a contract would require that they (the creditors) bring in
the signed contract, agreement, or note. If they don�t
bring in a contract, they bring in the "terms of agreement"
which has no signature or persons name on it, a template
that could apply to anyone.
These are just some of the tools used by debt
collectors (credit card debt collectors in particular) and
their attorneys (also called counsels) to perpetrate a
fraud upon the court, with or without the courts
cooperation or complicity.
At the same time, courts, almost as a rule, openly
display a bitter and venomous hatred of pro se / pro per
litigants. Pro se is a Latin adjective meaning "for self",
that is applied to someone who represents himself or
herself without a lawyer in a court proceeding, whether as
a defendant or a plaintiff and whether the matter is civil
or criminal. So don't expect the courts to just roll over
and give you what you demand without a battle. It doesn't
matter to them that you are right, it matters only that you
are pro se; an inferior, low life being, and the courts
have a position and the income of their brotherhood to
protect.
These are the four secrets of the legal industry:
1. Courts of general, limited, or inferior jurisdiction
have no inherent judicial power. Courts of general,
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Julio Martinez-Clark � www.Beat-Debt-Collectors.com
limited, or inferior jurisdiction get their
jurisdiction from one source and one source only:
sufficient pleadings. Someone before the court must
tell the court what its jurisdiction is. Without
pleadings sufficient to empower the court to act,
that court cannot have judicial capacity. No judge
has the power to determine whether he has
jurisdiction. He does have the duty to tell when he
does not. What this means to you is that no court can
declare that it has the legal power to hear or decide
cases, i.e. jurisdiction. Jurisdiction must be proved
and on the record. Without sufficient pleadings,
without jurisdiction, no court can issue a judgment
that isn�t void ab initio, void from the beginning,
void on its face, a nullity, without force and
effect.
2. We have a common law system. No statute, no rule, or
no law means what it says as it is written. Only the
holding tells you what it means. The statute means
what the highest court of competent jurisdiction has
ruled and determined that the statute means in their
most recent ruling. What this means to you is that
courts are governed/ruled by case law, what has been
determined before, what the highest court of
competent jurisdiction has said the law is, means. It
is called the Doctrine of Precedent. This doctrine is
so powerful that it can kill and has. A family in
Florida has become quite familiar with this doctrine
when they tried for 15 years to prevent feeding tubes
from being removed from their daughter who was in a
vegetative state.
a. The real law is found in the Annotated Statutes.
Sometimes referred to as a state or federal
"Code." The Annotated Statutes is a collection of
state or federal laws, generally organized by
topic area, that is accompanied by a brief
summary, or "annotation," of the court decisions
of the appropriate state or federal appeals
courts that have interpreted the meaning,
constitutionality or limitations on the
enforceability of the statutes. The importance of
annotated law: (1). It is organized. (2). It is
abbreviated (you don�t need to read the whole
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Julio Martinez-Clark � www.Beat-Debt-Collectors.com
case) (3). The �holdings� define the real law.
Examples of holdings:
i. Debtor, as natural person who was obligated
to pay debt to hospital for services
provided in connection with her kidney
infection, was "consumer" within meaning of
the Fair Debt Collection Practices Act
(FDCPA). Creighton v. Emporia Credit
Service, Inc., E.D.Va.1997, 981 F.Supp. 411.
ii. Patient who had received medical services on
credit, and who was primarily responsible
for payment of account at medical center,
qualified as "consumer" under the Fair Debt
Collection Practices Act (FDCPA). Adams v.
Law Offices of Stuckert & Yates,
E.D.Pa.1996, 926 F.Supp. 521.
iii. Fair Debt Collection Practices Act,
establishing liability of debt collector who
fails to comply with the Act "with respect
to any person," does not limit recovery to
"consumers," and thus would not preclude
recovery by person to whom debt collector
sent letter seeking to collect debt of such
person's deceased father even if such person
were not a consumer; but, in any event, such
person was a "consumer" when collectors
admittedly demanded payment of debt from
him. Dutton v. Wolhar, D.Del.1992, 809
F.Supp. 1130.
iv. Unpaid administrative and other fees charged
under rental agreement by automobile and
truck rental company in event of accident
constituted "debt" under Fair Debt
Collection Practices Act. Brown v. Budget
Rent-A-Car Systems, Inc., C.A.11 (Fla.)
1997, 119 F.3d 922.
You will find the Annotated Statutes in law libraries
under the Lexis-Nexis brand or Thomson/Westlaw.
3. Attorneys cannot testify. Statements of counsel in
brief or in argument are never facts before the
court. What this means to you is that no attorney can
state a fact before the court. This was more than
adequately pointed out in 2000 when thousands of
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Julio Martinez-Clark � www.Beat-Debt-Collectors.com
Florida ballots were taken before the U.S. Supreme
Court, without even so much as one competent fact
witness. Without a witness the court could not see
the ballots, the ballots were not before the court,
and the ballots could not be introduced as evidence.
4. Before any determination, there must be a court of
complete or competent jurisdiction.
a. There must be two parties with capacity to be
there.
b. There must be subject matter jurisdiction.
c. Appearance or testimony of a competent fact
witness.
What this means to you is that without jurisdiction,
complete jurisdiction, no court can issue a judgment
that isn�t void, a nullity, without force or effect,
on its face and in fact.
3.1 Twenty-Two Reasons To Vacate A Void Judgment
The real issue in void judgments is, subject matter
jurisdiction. Void judgments are those rendered by a court
which lacked jurisdiction, either of the subject matter or
the parties. Wahl v. Round Valley Bank 38 Ariz, 411, 300 P.
955(1931), Tube City Mining & Millng Co. v. Otterson, 16
Ariz. 305, 146p 203(1914); and Millken v. Meyer, 311 U.S.
457, 61 S. CT. 339,85 L. Ed. 2d 278 (1940).
The really big deal with subject matter jurisdiction
is that it can never be presumed, never be waived, and
cannot be constructed even by mutual consent of the
parties. Subject matter jurisdiction is two part: The
statutory or common law authority for the court to hear the
case and the appearance and testimony of a competent fact
witness; in other words, sufficiency of pleadings.
Even if a court (judge) has or appears to have subject
matter jurisdiction, subject matter jurisdiction can be
lost. Major reasons why subject matter jurisdiction is
lost:
1. No petition in the record of the case, Brown v.
VanKeuren, 340 Ill. 118,122 (1930).
2. Defective petition filed, Same case as above.