1 Your name
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
9
NOTICE TO COURT
10 vs.
CHANGE OF VENUE
11 ALL MATTERS IN LAW AND
[DEFENDANT'S NAME],
EQUITY MUST BE IN AN
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Defendant ARTICLE 3 COURT OR DISMISS
13 THIS MATTER WITH PREJUDICE
AS REQUIRED BY THE
14
CONSTITUTION FOR THE
15 UNITED STATES OF AMERICA
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NOTICE TO COURT
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18 CHANGE OF VENUE
19 ALL MATTERS IN LAW AND EQUITY MUST BE IN AN
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ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS
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REQUIRED BY THE CONSTITUTION FOR THE UNITED STATES OF
23 AMERICA
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 1
1 Comes now, [Type in your name and please remove brackets] is a
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State Citizen1 National2 as defined under 8 USC 1101(a)(21) with secured rights
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4 under the state constitution bill of rights and the Constitution for the United states
5 of America bill of rights.
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THE RESPONDENT IS A STATE CITIZEN NATIONAL AND
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8 IS NOT WAIVING ANY PRIVILEGES AND IMMUNITIES SECURED
9 UNDER ARTICLE 4 SECTION 2 OF THE CONSTITUTION FOR THE
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UNITED STATES OF AMERICA AND THEREBY IT IS A FACT THAT
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THE UNDERSIGNED RESPONDENT CANNOT BE SUBJECTED TO
13 LEGAL PROCESS INSIDE OF ADMINISTRATIVE TRIBUNAL
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1. The respondent is a State Citizen National who is asserting his
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sovereignty3and thereby this legislated administrative tribunal requires his
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18 1
19 "One may be a citizen of a State and yet not a citizen of the United States. Thomasson v State, 15
Ind. 449; Cory v Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehlitz, 16 Wis.
20 443."
Mc Donel v State, 90 Ind. Rep. 320 at pg 323;
2
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22 8 U.S. Code § 1101. Definitions (21) The term “national” means a person owing permanent
allegiance to a state.
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24 “Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in
our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the
25 people, by whom and for whom all government exists and acts.”[ Yick Wo v. Hopkins, 118 US 356 Supreme Court
1886] GOOGLE SCHOLAR https://scholar.google.com/scholar?hl=en&as_sdt=6%2C33&q=Yick+Wo+v.
+Hopkins%2C+118+US+356%2C+370.&oq=
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 2
1 consent to be subjected to legal process. 4 This court is prohibited to call the
2
undersigned a citizen. The undersigned is not claiming s citizen status or
3
4 claiming the laws do not apply. It is a fact that a law can only apply when
5 there is evidence a law has been violated and the undersigned is requiring
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that this court cannot apply any law until it can provide evidence the
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8 undersigned violated a child support enforcement law by not supporting his
9 offspring. Therefore, this court cannot use the standard “Shop worn” US v.
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Sloan, 939 F. 2d 499 - Court of Appeals, 7th Circuit 1991 case law to
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dismiss this matter because it believes the undersigned is asserting citizen
13 status. The sole reason for claiming to be a state citizen is to prove that the
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undersigned is not domiciled within the “STATE”5 and thereby the
15 4
16 Legal process (5)The term “legal process” means any writ, order, summons, or other similar
process in the nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent
17 jurisdiction in any State, territory, or possession of the United States; (ii)a court or an administrative agency of
competent jurisdiction in any foreign country with which the United States has entered into an agreement which
18 requires the United States to honor the process; or (iii)an authorized official pursuant to an order of such a court or
an administrative agency of competent jurisdiction or pursuant to State or local law; and (B)which is directed to, and
19 the purpose of which is to compel, a governmental entity which holds moneys which are otherwise payable to an
individual to make a payment from the moneys to another party in order to satisfy a legal obligation of the
20 individual to provide child support or make alimony payments.
5
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42 U.S. Code § 1301. Definitions (a) When used in this chapter—
22 (1) The term “State”, except where otherwise provided, includes the District of Columbia and the
Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin
23 Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term
when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana
24 Islands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also
includes the Northern Mariana Islands and American Samoa. In the case of Puerto Rico, the Virgin Islands, and
25 Guam, subchapters I, X, and XIV, and subchapter XVI (as in effect without regard to the amendment made by
section 301 of the Social Security Amendments of 1972) shall continue to apply, and the term “State” when used in
such subchapters (but not in subchapter XVI as in effect pursuant to such amendment after December 31, 1973)
26
NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 3
1 undersigned cannot be called a “Non-resident” as stated under UNIFORM
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INSTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION 201
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4 BASES FOR JURISDICTION OVER NONRESIDENT because he is not
5 domiciled within the “STATE” as defined by 42 USC Section 1301(a).
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2. The respondent being a State Citizen National requires the court to take
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8 judicial notice of an adjudicated fact Yick Wo v. Hopkins, 118 US 356
9 Supreme Court 1886 that his sovereignty is not subject to law, while
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sovereign powers are delegated to the agencies of government, sovereignty
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itself remains with the people, by whom and for whom all government exists
13 and acts and thereby his sovereignty is evidence that the court or
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administrative tribunal6 cannot force him to be subjected to legal process7
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for title IV-D services without his consent.
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includes Puerto Rico, the Virgin Islands, and Guam. Such term when used in subchapter XX also includes the Virgin
20 Islands, Guam, American Samoa, and the Northern Mariana Islands. Such term when used in subchapter IV also
includes American Samoa.
6
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22 Tribunal The court, administrative agency, or quasi-judicial agency authorized to establish or
modify support orders or to determine parentage.(Page 25) GLOSSARY OF COMMON
23 CHILD SUPPORT TERMS Office of Child Support Enforcement
https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf
7
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25 42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
process in the nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent
jurisdiction in any State, territory, or possession of the United States;
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 4
1 3. Furthermore, the respondent being a State Citizen National is a people and
2
is not a person or individual8 defined under 28 USC Section 3002 (10) and
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4 thereby as a people described in the Declaration of Independence, the
5 respondent cannot be subjected to legal process in a statutory court or
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administrative tribunal and requires a change of venue to an article 3 court or
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8 dismiss this matter with prejudice.
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THE UNDERSIGNED RESPONDENT IS CONTESTING THE
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STATE PROCEEDINGS FOR CHILD SUPPORT ENFORCEMENT AND IS
13 DEMANDING A CHANGE OF VENUE TO A COURT OF RECORD IN
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ACCORDANCE WITH 28 USC SECTION 132
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17 1. The Undersigned State Citizen National is demanding a change of venue
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from a statutory court to a court of record in accordance with the 7th
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amendment for any controversy of $20 or more in accordance with common
21 law.
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24 8
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42 U.S. Code § 1301. Definitions (a) (3) The term “person” means an individual, a trust or estate,
a partnership, or a corporation.
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 5
1 2. It is a fact the 7th amendment must be in accordance with common law and
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thereby it is required that the undersigned State Citizen National must waive
3
4 his right to a trial by jury to remain in a statutory court where a trial by jury is
5 not being afforded. The undersigned State Citizen National is not waiving his
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right to a trial by jury in any controversy of $20 or more.
7
8 3. It is an adjudicated fact by the Supreme Court of the United States in matter
9 Murray's Lessee v. Hoboken Land & Improvement Co. held that due process
10
is synonymous with the law of the land requiring that property cannot be
11
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deprived unless by a judgment by peers arising from a trial by jury in
13 accordance with common law under the 7th amendment.
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4. It is the understanding by the undersigned state citizen national that due
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process is a restraint on legislature9 from writing laws that denies trial by jury
17 due process the law of the land.
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9
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25 “ the Due Process Clause "is a restraint on the legislative as well as on the executive and judicial
powers of the government, and cannot be so construed as to leave congress free to make any process `due process
of law, ‘by its mere will” Rafeedie v. INS, 880 F. 2d 506 - Court of Appeals, Dist. of Columbia Circuit 1989
26
NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 6
1 5. It is the understanding by the respondent that an article 3 court is a court of
2
record10 as recognized by the congress by writing 28 USC Section 13211
3
4 6. The Undersigned understands that the United States of America is a Republic
5 and a Common Law Country. “ COMMON LAW - As distinguished from law
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created by the enactment of legislatures [admiralty], the common law
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8 comprises the body of those principles and rules of action, relating to the
9 government and security of persons and property, which derive their
10
authority solely from usages and customs of immemorial antiquity, or from
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12
the judgments and decrees of the courts recognizing, affirming, and
13 enforcing such usages and customs; and, in this sense, particularly the
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ancient unwritten law of England. [1 Kent, Comm. 492. Western Union Tel.
15
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Co. v. Call Pub. Co., 21 S.Ct. 561, 181 U.S. 92, 45 L.Ed. 765; Barry v. Port
17 Jervis, 72 N.Y.S. 104, 64 App. Div. 268; U. S. v. Miller, D.C.Wash., 236 F.
18
798, 800.]”
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22 Court of Record “A judicial tribunal having attributes and exercising functions independently of
the person of the magistrate designated generally to hold it.” (Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227, 229;
23 ex parte Gladhill, 8 Metc. Mass., 171, per Shaw, C.J. See, also, Ledwith v. Rosalsky, 244 N.y. 406, 155 N.e. 688,
689 Black’s Law dictionary, 4th ed., 425, 426 “Judges are magistrates”)
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25 28 U.S.C. § 132(a) - U.S. Code § 132. Creation and composition of district courts (a) There shall
be in each judicial district a district court which shall be a court of record known as the United States District Court
for the district.
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 7
1 7. Under no circumstances is the clerk and employees of the clerk’s office
2
permitted to profile the undersigned by his/her citations of the United States
3
4 Constitution and presume he/she is a sovereign citizen or a constitutionalist.
5 Presumptions are forbidden when due process is guaranteed. Presumptions of
6
the state of mind of the Undersigned are forbidden.
7
9 8. The Claimant is a Child Support Agency and not a people aggrieved by some
10
conduct by the undersigned, therefore cannot file a claim of an injury in fact
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in a Court of Record. “ People are supreme, not the state. [Waring vs. the
13 Mayor of Savanah, 60 Georgiaat 93]; The state cannot diminish rights of the
14
people. [Hurtado v. California, 100 US 516]; Preamble to the US and NY
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Constitutions - We the people ... do ordain and establish this
17 Constitution...; ...at the Revolution, the sovereignty devolved on the people;
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and they are truly the sovereigns of the country, but they are sovereigns
19
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without subjects...with none to govern but themselves... [CHISHOLM v.
21 GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455, 2 DALL (1793) pp471-
22
472]: “The people of this State, as the successors of its former sovereign, are
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entitled to all the rights which formerly belonged to the King by his
25 prerogative.” [Lansing v. Smith, 4 Wend. 9 (N.Y.) (1829), 21 Am. Dec. 89
26
NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 8
1 10C Const. Law Sec. 298; 18 C Em.Dom. Sec. 3, 228; 37 C Nav.Wat. Sec.
2
219; Nuls Sec. 167; 48 C Wharves Sec. 3, 7].
3
4 9. This court or administrative tribunal is without the authority to deny rights
5 secured by the constitution for the United States of America and thereby a
6
denial or dismissal must be in writing with a rebuttal to the facts presented in
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8 this court pleading to justify the deprivation of rights secured by the bill of
9 rights.
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14 Dated this [day] of [Month], [year].
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Your Name
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NOTICE TO COURTCHANGE OF VENUEALL MATTERS IN LAW AND EQUITY MUST BE IN AN
ARTICLE 3 COURT OR DISMISS THIS MATTER WITH PREJUDICE AS REQUIRED BY THE
CONSTITUTION FOR THE UNITED STATES OF AMERICA - 9
