From reading some of the posts within the website it seems that I am not the only person being abused by the Franchise Tax Board.
I would like to ask everyone who will read this statement a few questions.
- Are the laws of the State of California only for the Citizens?
- Do the State Agencies have to comply with State laws?
- Is the California Constitution the law of the State?
- Can the FTB create their own laws and apply them as they see fit?
- Can the FTB violate Federal Laws?
- Are the Administrative and Civil Procedures of the State only on the books for window dressing?
Now, if you have never had to deal with the FTB, then consider yourself lucky for now. The FTB seems to feel, at least until recently, that they did not have to answer to anyone. In a recent court
case (Hyatt), the FTB was spanked by a jury for over a $300 million dollar judgement.
In the aforementioned incident, the FTB personnel harassed, violated the person's privacy rights and basically stalked this man for an alleged financial debt. The FTB went about their usual procedure of violating the rights of the person and have paid a very high price for doing so.
Ok, here are a few facts that you, all people, must know that the FTB are not allowed to do. According to the Constitution of California, Article 15 under the Usury section 1, it states. The rate of interest upon the loan or forbearance of any money, goods, or things in action, or on accounts after demand, shall be 7 percent per annum but it shall be competent for the parties to any loan or forbearance of any money, goods or things in action to contract in writing for a rate of interest. Sub Section (1) For any loan or forbearance of any money, goods, or things in action, if the money, goods, or things in action are for the use primarily for personal, family, or household purposes, at a rate not exceeding 10 percent per annum; ...... Sub Section (2),paragraph (3) The rate of interest upon a judgement rendered in any court of this State shall be set by the Legislature at not more than 10 percent per annum.
For clarification, I will give the definitions of some of the words being used in the previous statements.
Annum: Latin referring to a year.
Forbearance: It refers to the borrower and the lender agreeing to a special arrangement for stopping a foreclosure.
Many of you are probably thinking that this cannot be true, but it is. The Usury Section in the Constitution is very clear. As anyone who did attend and listen in civic and government class knows, any law that is in conflict with the Constitution, being either a State or the Federal Constitution, then that law is no law at all. It is invalid upon its face.
How does the FTB get away with charging all those outrageous interest charges? Answer, no one fights back! If and when people read what the LAW states and use what the LAW says against the FTB, they will continue to violate the law with impunity.
The FTB even states in one of their own documents that the charging of interest is not a penalty but it is for the use of the money. Well that statement definitely would put them in conflict with the information presented in my earlier portion of this post. The Usury section of the Constitution
forbade the charging of any amount above that which the Legislature has set which is 10 percent per annum.
According to the Code of Civil Procedure, Section 488.010-488-140, it describes a writ of attachment which is one of the requirements that is part of due process to acquire someone's property.
Under Section 488.300-488.485 it describes the use of a writ of execution as the other method to obtain the alleged amount owed to the agency.
Contained in the California Codes of Revenue and Taxation Section 13620-13622, it states that a writ of execution should be used by the Controller to enforce a judgement in respect to collecting a tax.
I could go on and on about the number of Civil and Administrative Procedures that the FTB violates, but that does not matter until we, as the victimized, start filing suit against them and costing the agency a substantial amount of money. What I am suggesting is suing them professionally and personally.
The reason that I even decided to write this post is that the agency has recently taken funds from my account and violated the procedures that I just referred to previously.
The funny thing is that they took the money for an alleged debt that was paid over a decade ago. I have the proof via money orders and registered mail receipts.
So, I started looking up everything under the sun to see if they had violated the law in any fashion and the information that I wrote about is what I have found at this time.
Hey these are my thoughts and I could be wrong, but I doubt it.