Sumter, South Carolina Blacks / African-American Community
Please read this. Print your name, sign, date and mail this letter to the Justice Department.
will probably never get this opportunity in your life time again. I have
study the laws
of Arizona and have defeated high price lawyers
twice in court. Both times they use the Judges to make it look like
other guys won. You will never get a lawyer to tell you the truth
about this letter.
None will talk to me. I will never be allowed into a court
room again. I simply know to much. Thank
You. We can make America better.
You Have the power. Get involved. Please pass this on to everyone
Sammie H Parker
click here to download PDF Letter Justice Dep
This page will have a copy of our latest organization newsletter. We will update the page each month.
What every African-American should know.
These are a few Laws that every black American should know.
are the laws that allow Lawyers and Judges to get away with stealing you blind. Your IRA and 401K are not safe. Pensions are
protected but IRA's and 401K's are not.
This is why. Once you reach 59-1/2 years you can get money out of your
Lawyers and Judges have found away to steal money from your IRA and 401k and there is not a lot you can
do once you have been targeted.
They look for someone around 50 years of age who is involved in a law
suite. Once you are targeted at that point you are in trouble. They will approach the other party and see if they are willing
to work with them to screw you. They tell them that they will protect them from any prosecutions or attorney fees.
they are trying to get you to do is settle out of court by paying off the other guy. If you don't settle, your problem really
begins. Your lawyer begins to set you up for failure. Even if you somehow manage to win the case, you still lose, because
the judge will rule in favor of the other guy.
If you appeal the case you will then have to pay to the
court the amount of the judgment in advance. You will be appealing to other judges and they work together. If you don't then
a judgment will be entered against you. If you can prove that you were setup, you will not be able to get and attorney for
seven years. That when the Statutes of Limitations run out. By this time you will be about 59-1/2.
you have not retired, they will then freeze your entire bank accounts and garish your pay. They know that you can get money
out of your IRA or 401K to pay off the judgment. I hope that you read this and protect yourself.
These are from the Arizona Revised Statutes
other states have similar
12-1251. Right of recovery; procedure
A person having a valid subsisting interest in real property and a right to immediate possession thereof may recover the property
by action against any person acting as owner, landlord or tenant of the property claimed.
B. The action shall be
commenced and prosecuted as other civil actions.
C. The heirs or devisees may themselves, or jointly with the personal
representative, maintain an action for possession of the real property, or to quiet title thereto against any person except
the personal representative.
D. An action involving title or right to possession of real property belonging to the
estate of decedent may be brought by or against the personal representative without joining the heirs.
In this article, unless the context otherwise requires:
1. "Deliver" means any of the following:
To hand deliver.
(b) To mail by regular first class mail to the address which the sender determines through reasonable
good faith efforts to be best calculated to reach the recipient in a timely manner.
(c) To serve on a party pursuant
to the rules of civil procedure applicable to a summons.
2. "Exempt monies or property" means monies or property
that, pursuant to a state or federal law, is not subject to judicial process, including execution, attachment, garnishment,
replevin, sale or any final process issued from any court or any other judicial remedy provided for the collection of debts.
"Good faith" means honesty in fact in the conduct or transaction concerned.
4. "Judgment creditor" means a person
or entity that has a money judgment or an order for support of a person that is due and unpaid or an order pursuant to chapter
14 of this title allowing him to garnish monies, personal property or shares of stock before final judgment on the underlying
5. "Judgment debtor" means a person or entity against which a money judgment has been awarded or against
which an order for support of a person is due and unpaid or against which an order pursuant to chapter 14 of this title has
6. "Monies" includes cash, credit and accounts, but does not include earnings as defined in section
12-1598, paragraph 4.
7. "Nonexempt monies or property" means monies or property which are not restricted by law
from judicial process.
8. "Personal property" means all property and interests to which a security interest may be
perfected pursuant to title 47, chapter 9, except accounts.
9. "Receipt" means actually received.
Scope of article
A. The provisions of this article are applicable to indebtedness owed to a judgment debtor by a
garnishee for monies which are earnings as defined in section 12-1598, paragraph 4. Earnings become monies, as defined in
section 12-1570, paragraph 6, upon their disbursement by the employer to or for the account of the employee, except disbursements
into a pension or retirement fund.
B. The provisions of this article are not applicable to garnishments of:
Indebtedness owed to a judgment debtor by a garnishee for amounts which are not earnings as defined in section 12-1598, paragraph
2. Monies held by a garnishee on behalf of a judgment debtor.
3. Personal property of a judgment debtor
that is in the possession of a garnishee.
4. Shares or securities of a corporation or a proprietary interest in a
corporation belonging to a judgment debtor, if the garnishee is a corporation.
12-1598.02. Grounds for issuance
of writ of garnishment of earnings
The clerk of the court, justice of the peace or city or town magistrate shall
issue writs of garnishments of earnings, returnable to that court, only in cases in which a party to that action is a judgment
creditor. The city or town magistrate shall issue writs of garnishment only for nonpayment of fines, fees, sanctions and restitution
imposed in that court.
12-1598.03. Application for writ of garnishment for earnings
A writ of garnishment
shall be issued pursuant to this article after the judgment creditor or a person in his behalf makes an application in writing.
The application shall state the following:
1. That he is a party in an action to whom a money judgment has been awarded.
That he has made demand on the judgment debtor for payment of the amount adjudged due, but the judgment debtor has not paid
that amount and he has not agreed and continued to pay the nonexempt portion of his wages until the judgment is satisfied.
The amount of the outstanding balance due on the judgment is that amount stated on the application.
4. That the garnishee
is believed to be an employer of the judgment debtor or otherwise owes or will owe to the judgment debtor disposable earnings.
The name and address of the garnishee or his authorized agent.
6. That he has not received notice of the judgment
debtor's intent to enter into an agreement for debt scheduling with a qualified debt counseling organization or, if such notice
has been received, that he timely objected, in writing, to the judgment debtor's participation in such an agreement or that
he has been notified that the agreement is no longer effective.
12-1598.04. Issuance of writ of garnishment for
earnings; service and return of writ; lien on nonexempt earnings
A. If a party in an action has been awarded a money
judgment and has submitted the application provided for in section 12-1598.03, the clerk, justice of the peace or city or
town magistrate shall immediately issue a writ and summons of garnishment directed to the sheriff, the constable or any officer
authorized by law to serve process in the county where the garnishee is alleged to be which commands him to immediately summon
the garnishee to appear before the court out of which the writ issued within the time specified in the writ to answer the
B. The writ shall state:
1. The amount of the outstanding balance due on the judgment, including accrued
interest and allowable costs, as of the date of the issuance of the writ, and the rate at which interest accrues on that judgment.
The name and address of the garnishee or his authorized agent.
3. The name and address of the judgment creditor and
his attorney, if applicable.
4. The last mailing address of the judgment debtor known to the judgment creditor.
The judgment creditor, in the manner required for a summons by rules of the court in civil matters, shall serve on the garnishee
two copies of the writ of garnishment and summons, a copy of the underlying judgment, four copies of the answer form, two
copies of the notice to judgment debtor and request for hearing form, two copies of the instructions to garnishee and four
copies of the nonexempt earnings statement provided for in section 12-1598.16.
D. The judgment creditor shall deliver
to the judgment debtor a copy of the writ and the initial notice to judgment debtor and request for hearing form within three
days, not including weekends and holidays, after service of the summons and writ of garnishment on the garnishee. The judgment
creditor shall certify in writing to the court the date and manner of delivery.
E. The caption of pleadings in connection
with a writ of garnishment shall identify which party is the judgment creditor, using that term, and which party is the judgment
debtor, using that term, in addition to other party designations already in the caption.
A. The writ is a lien on the nonexempt earnings of the judgment debtor from the date of service of the writ
until any one of the following occurs:
1. An order of continuing lien is entered.
2. If no order is entered
for a period of forty-five days after the date of the filing of the answer.
3. The writ is quashed, released or becomes
ineffective as a result of the circumstances set forth in section 12-1598.10, subsection D.
B. The garnishee shall
not remit any withheld earnings to the judgment creditor until an order of the court has been entered pursuant to section
C. The garnishee is not liable to the judgment creditor for failing to withhold earnings from a judgment
debtor if those earnings were paid to the judgment debtor on a payday falling within three days, not including weekends and
holidays, after the date of the service of the writ.
12-1598.06. Time for answer
The writ, whether issued
in the superior court, the justice court or the police court, shall require the garnishee to answer within ten days from service
of the writ.
12-1611. Renewal by action
A judgment may be renewed by action
thereon at any time within five years after the date of the judgment.
12-1612. Renewal by affidavit
A judgment for the payment of money which has been entered and docketed in the civil docket or civil order book of the United
States district court or superior court, whether originally rendered by it or entered upon a transcript of judgment from another
court, or recorded with the county recorder, may be renewed by filing an affidavit for renewal with the clerk of the proper
B. The judgment creditor, his personal representative or assignee may within ninety days preceding the expiration
of five years from the date of entry of such judgment, make and file an affidavit, known as a renewal affidavit, entitled
as in the action setting forth:
1. The names of the parties, the name of the court in which docketed, if recorded
the name of the county in which recorded, the date and amount of the judgment, the number and page of the docket in which
entered by the clerk of the court, if recorded, the number and page of the book in which recorded by the county recorder,
the name of the owner of the judgment, and his source and succession of title, if not the judgment creditor.
no execution is anywhere outstanding and unreturned upon the judgment, or if any execution is outstanding, that fact shall
3. The date and amount of all payments upon the judgment and that all payments have been duly credited
upon the judgment.
4. That there are no set-offs or counterclaims in favor of the judgment debtor, and if a counterclaim
or set-off does exist in favor of the judgment debtor, the amount thereof, if certain, or, if the counterclaim or set-off
is unsettled or undetermined, a statement that when it is settled or determined by action or otherwise, it may be allowed
as a payment or credit upon the judgment.
5. The exact amount due upon the judgment after allowing all set-offs and
counterclaims known to affiant, and other facts or circumstances necessary to a complete disclosure as to the exact condition
of the judgment.
C. If the judgment was docketed by the clerk of the court upon a certified copy from any other court
and subsequently an abstract recorded with the county recorder, the affidavit shall, in addition to the foregoing, set forth
a statement of each county in which such transcript has been docketed and abstract recorded. The affidavit shall be verified
positively by the person making it, and not upon information and belief.
D. The filing of the affidavit in the office
of the clerk of the court where the judgment is entered and docketed shall renew and revive the judgment to the extent of
the balance shown due in the affidavit.
E. Additional and successive renewal affidavits as provided for in subsection
B may be made and filed within ninety days of expiration of five years from the date of the filing of a prior renewal affidavit.
Recorded judgments which have been timely renewed by a renewal affidavit and successive affidavits, even if such successive
affidavits were not authorized by prior law, may be renewed as provided in this section if the prior renewal affidavits were
filed within ninety days from the expiration of each successive five year period.
12-1613. Docketing and recording
affidavit of renewal; effect
A. The affidavit of renewal shall be docketed by the clerk in the proper docket or book,
and he shall enter in the proper docket or book forthwith, after the statement of the original judgment, the date and fact
of the renewal, and the amount for which the judgment is renewed.
B. The entry and docketing of the affidavit by
the clerk shall renew the judgment for a period of five years from the time of docketing.
C. No lien upon or against
the real property of the judgment debtor shall be continued by an affidavit of renewal until a copy of the affidavit, certified
by the clerk of the court, is recorded in the office of the county recorder.
D. From and after recordation of the
copy of the affidavit of renewal, certified by the clerk of the court, the judgment shall be a lien to the extent of the balance
shown in the affidavit of renewal against all real property of the judgment debtor, except such as is exempt from execution,
including interest in the homestead, for a period of five years from the date of docketing the affidavit of renewal with the
E. A copy of the renewal affidavit and of the docket entries thereon, certified by the clerk of the court
wherein they are filed, may be docketed in any other county of the state in which a transcript of the original judgment was
filed, and a copy of the renewal affidavit may be recorded with the county recorder of any county wherein the original judgment
has been previously filed or docketed or wherein the judgment creditor desires the judgment to become a lien upon real property
of the judgment debtor.
12-1621. Notice of sale; perishable, personal and real property; posting, publication
and place of sale
A. Notice of sale under execution shall be made as follows:
1. For the sale of perishable
personal property, written notice of the time and place of sale shall be posted in three public places, two of which shall
be in the precinct and one at or near the door of the courthouse of the county in which the sale is to take place, for such
period of time before the sale as is reasonable, considering the character and condition of the property.
the sale of personal property other than that which is perishable, a posting similar to that provided in paragraph 1 of this
subsection shall be made for not less than ten days successively before the day of sale.
3. For the sale of real
property, notice shall be given by posting notices for not less than fifteen days successively before the day of sale in three
public places in the county, one of which shall be at or near the courthouse door, and publishing a copy thereof in a newspaper
for three weeks before the day of sale.
B. The notices shall note the judgment, parties, amount and court in which
the judgment was rendered, and particularly describe the property to be sold, and, for real property to be sold, shall include
the legal description of the property and the street address if any, or identifiable location of the property. Failure to
accurately describe within any such notice either the street address or the identifiable location of the real property to
be sold shall not be grounds for invalidating any such sale if the correct legal description of the real property to be sold
was noted. A notice for sale of real property required by subsection A, paragraph 3 shall include a notice in substantially
the following form:
Notice to Judgment Debtor
Title 33, chapter 8, article 1 of the Arizona Revised Statutes,
may permit you to protect your residence from certain types of legal process through the homestead exemption.
you are in doubt as to your rights, you should obtain legal advice.
C. Real property shall be sold at or near the
courthouse door of the county where the property is situated. Personal property shall be sold on the premises where it is
taken in execution, at the courthouse door of the county or at some other place more convenient for exhibiting the property
to purchasers if necessitated by the nature of the property.
12-1622. Procedure in selling property under execution
All sales under execution shall be made at public auction to the highest bidder, between the hours of ten a.m. and four p.m.
After sufficient property has been sold to satisfy the judgment and costs, no more shall be sold.
C. No person making
the sale shall become a purchaser or be interested in such sales.
D. When the sale is of personal property capable
of immediate delivery, the property shall be within view and shall be sold in parcels so as to bring the highest price and
the judgment debtor or creditor may direct the selling officer in such cases.
E. Partnership interests and interests
in personal property without right to exclusive possession may be sold without the presence or the delivery of the property.
When the sale is of property too bulky to be taken into immediate possession, or of livestock running at large on a range,
it is not necessary that such property or any part thereof be present at the place of sale, and the purchaser at the sale
may take the property or gather and pen the stock and select therefrom the number purchased by him.
G. When the sale
is of real property, consisting of lands that may be sold in parcels, it may be sold separately at direction of the judgment
debtor, who shall have the option of designating the order in which parcels shall be sold.
H. When property is held
in common, the interest of the judgment debtor shall be sold as a whole.
I. Shares of stock in a corporation may
be sold as other personal property capable of manual delivery is sold subject to the provisions of section 47-8113.