Diminished Money Counterclaim

[David Merrill]

This form of counterclaim may be very interesting very soon!

Here is some interesting Crosstalk:

ORDER. The Court dismisses this action for lack of jurisdiction. Plaintiff's 7 Response to the Order to Show Cause fails to demonstrate that he can satisfy the case and controversy requirement of Article III, Section 2 of the Constitution. To meet this requirement, Plaintiff must establish that he has "standing to sue." Town of Babylon v. Fed. Hous. Fin. Agency, 699 F.3d 221, 228 (2d Cir. 2012). One element of standing is "injury-in-fact,"

The “Judge” in the matter has failed to recognize the suitor spending a $5 US Note at the face value of a Fed note is “injury in fact”.



However the “Judge” will not supply any order or documentation in the mail for our suitor to Refuse for Cause from his authority as the court of record. In other words the “judge” has no authority because he will not produce a record. The suitor receives nothing in the mail because the “Judge” has not generated any paper!



I wonder if we are witness to a new slang – Judicial Cowardice?



I feel like writing up a Notice of Judicial Cowardice for the suitor to file into the case and see if the clerk of court will publish it on PACER?

[David Merrill]

P.S. There might be another reason this suitor does not have standing to sue. All the Libels of Review are dismissed out as gibberish but if one reads Legal Identity; The Coming of Age of Public Law by Joseph VINING it is revealed that one coming to court in his or her true name lacks standing except as a class action.

I have been toying with the idea that people (suitors) who know their names and redeem lawful money might salvage this case as a class?

Which is why it is so frustrating that the cowardly judge will not generate the Order. What shows up on PACER is nothing but a clerk generated rumor.

[ManOntheLand]

I have gone to great length on the "Do 1099's need rebuttal" thread about contesting every nexus of taxation so as to avoid frivolous return hassles, because up to now, the protocol for using lawful money redemption to avoid taxation seemed to be: file a 1040 as you otherwise would, claim deduction for lawful money on your tax return, and hopefully get refund. As a CTC graduate, I have been down the road before of using an "easy" method of getting 100% refunds, only to have them come after me later. Eventually, they rejected all such filings as frivolous and I now have about $80,000 in frivolous penalties they are trying to collect from me.

I am confused as to what happened here. Did this suitor receive a full tax refund in response to simply filing his counterclaim and serving the Treasury with their copy?
Did he file a tax return with an IRS center as well?

[Chex]

P.S. There might be another reason this suitor does not have standing to sue. All the Libels of Review are dismissed out as gibberish but if one reads Legal Identity; The Coming of Age of Public Law by Joseph VINING it is revealed that one coming to court in his or her true name lacks standing except as a class action.

I have been toying with the idea that people (suitors) who know their names and redeem lawful money might salvage this case as a class?

Which is why it is so frustrating that the cowardly judge will not generate the Order. What shows up on PACER is nothing but a clerk generated rumor.

There you go (Two) people, Legal Identity and true name.

How many people are needed to bring a class action? By: LawInfo
A single person who has been injured may bring a class action on behalf of everyone who has been harmed. It is common, however, after the action has been started for many other injured people to join the class suit. In some situations, there may be a minimum number of class members specified by law in order for the lawsuit to proceed as a class action. http://resources.lawinfo.com/en/lega...a-class-a.html

In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. § 1332(d).[1]

Class actions may be brought in federal court if the claim arises under federal law, or if the claim falls under 28 USCA § 1332(d). Under § 1332(d) (2) the federal district courts have original jurisdiction over any civil action where the amount in controversy exceeds $5,000,000 and
• any member of a class of plaintiffs is a citizen of a State different from any defendant; or
• any member of a class of plaintiffs is a foreign state or a citizen or subject of a foreign state and any defendant is a citizen of a State; or
• any member of a class of plaintiffs is a citizen of a State and any defendant is a foreign state or a citizen or subject of a foreign state.[2]

Nationwide plaintiff classes are possible, but such suits must have a commonality of issues across state lines. This may be difficult if the civil law in the various states lack significant commonalities. Large class actions brought in federal court frequently are consolidated for pre-trial purposes through the device of multidistrict litigation (MDL).[3]

It is also possible to bring class actions under state law, and in some cases the court may extend its jurisdiction to all the members of the class, including out of state (or even internationally) as the key element is the jurisdiction that the court has over the defendant.

The ancestor of the class action was what modern observers call "group litigation," which appears to have been quite common in medieval England from about 1200 onward.[10] These lawsuits involved groups of people either suing or being sued in actions at common law.

These groups were usually based on existing societal structures like villages, towns, parishes, and guilds. What is striking about these early cases is that unlike modern courts, the medieval English courts never questioned the right of the actual plaintiffs to sue on behalf of a group or a few representatives to defend an entire group.

The Class Action Fairness Act of 2005 addresses these concerns. Coupon settlements may be scrutinized by an independent expert before judicial approval in order to ensure that the settlement will be of value to the class members (28 U.S.C.A. 1712(d)).

Further, if the action provides for settlement in coupons (LOL Federal Reserve Notes ), the attorney must take a corresponding part of his fee in coupons (i.e. More Federal Reserve Notes). 28 U.S.C.A. 1712(a). http://en.wikipedia.org/wiki/Class_action

Good advice: Send notices to all potential plaintiffs of the class action suit. You (and your attorney) are responsible for doing this in a timely manner. The defendants must provide any names and addresses you request. Ask your legal team to publish your notices in national publications like The New York Times and The Wall Street Journal so you can reach more potential plaintiffs. http://www.ehow.com/how_7697816_star...n-lawsuit.html

Punitive damages are a form of punishment for the company committing the illegal acts, or causing harm. Punitive damages in large lawsuits can be particularly high, when it is demonstrated the company has shown great disregard for the health, safety or emotional well being of the plaintiffs. http://www.wisegeek.org/what-is-a-cl...on-lawsuit.htm

[David Merrill]

He filed the Diminished Money Counterclaim in federal court for $350. That is now dismissed because the judge could see no injury around the $5 US note. The suitor, upon filing in the USDC filed his original 1040 wet ink Form with the IRS campus as usual but it was an attachment inside the DMC.

He got a full refund in record time.

[ManOntheLand]

He filed the Diminished Money Counterclaim in federal court for $350. That is now dismissed because the judge could see no injury around the $5 US note. The suitor, upon filing in the USDC filed his original 1040 wet ink Form with the IRS campus as usual but it was an attachment inside the DMC.

So just to be clear, only the 1040 was filed with the IRS campus? Or was IRS campus served with the DMC with 1040 attached? Do you think the refund was issued quickly by IRS so that the suitor could not claim any injury?

He got a full refund in record time.

By full refund, do you mean he got all FICA withholding as well?

[David Merrill]

By full refund, do you mean he got all FICA withholding as well?

I doubt he would have claimed any of that on the 1040 Form.

[Freed Gerdes]

Line 69 of the Form 1040 is "Excess Social Security taxes...". If he claimed all SS taxes paid were 'excess,' this sum goes to total taxes paid, which would increase the refund by that amount. So it seems that SS taxes could be redeemed and refunded on a Form 1040. I have not tried it myself; anyone comment here?

Freed G

[Brian]

Line 69 of the Form 1040 is "Excess Social Security taxes...". If he claimed all SS taxes paid were 'excess,' this sum goes to total taxes paid, which would increase the refund by that amount. So it seems that SS taxes could be redeemed and refunded on a Form 1040. I have not tried it myself; anyone comment here?

Freed G

The 6% SSA tax paid on your behalf by your employer is a "special" income tax MEASURED by your wages. So if you did not engage in that "special" activity (being paid in money substitutes ala FR credits) you would be entitled to a refund of that tax. However your employer would still have to pay their 6% because their end is taxed on the activity of hiring an employee(s) (aka: employer-employee relationship) again MEASURED by the employees wages. I think Medicare and O'Care function in similar manners.

[David Merrill]

I believe those questions are answered in the thread here.