[WSBARP] Ejectment and "Sovereign Citizens"

Cyrus Field cyfield at rockisland.com
Tue Jan 12 13:07:46 PST 2016


Danielle- I had one of these a few years ago against a tax protesting “reverend” down in Oregon and it was a major pain as he certainly knew enough to work the system. For starters, previously unrepresented client sold property to the Rev with a land sale contract. The Rev had removed the forfeiture clause from the contract so when the inevitable default  happened, we had to do a judicial foreclosure. Once we obtained judgment against him, he filed for bankruptcy. Because he had “rescinded” his social security number, bankruptcy judge thru bankruptcy out. He then filed for bankruptcy again, and the new bankruptcy judge spanked him for abusing the system. We then got a state court writ of execution, to heave him and his followers off the property. After a 2 hour standoff with 6 deputies (the Rev had prior weapons convictions), he finally left with the parting words that he was going to sue my client and his attorney (me!). He then filed suit against us in federal court, basically asserting that, because he was a man of cloth, under the constitution he could do whatever he wanted and he had suffered over $5 million in damages . Much to my pleasant surprise (there were no allegations by my client that I’d done anything wrong), the Oregon professional liability fund hired defense counsel for me. However, before we filed an answer, the US District Court judge dismissed the case on her own because the Rev had failed to follow the local rules (caption said “In the Kingdom of Yahweh”). He then refiled with the proper caption but this time added my attorney as a defendant. The Oregon PLF then hired an attorney for my attorney and not surprisingly they got the case dismissed on its merits. 

 

When I moved to Washington, I had to get new malpractice insurance. Most companies turned me down flat out after I disclosed that I had been sued before. The day my Oregon insurance was to expire, I finally found a Washington company that was aware of this reverend (turns out, he had previously sued other attorneys and judges they’d insured in Washington) and was willing to insure me.

 

In hindsight, it’s all rather humorous but at the time it was not pleasant for me or my client. I’d prepare yourself and your client for lots of “fun and games”, worst case scenario (e.g move to change venue to Burns, Oregon?).  Not sure I can be of further assistance but feel free to call should you so desire. Otherwise, best of luck! Cy

 

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)

phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Tuesday, January 12, 2016 11:31 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Ejectment and "Sovereign Citizens"

 

Good Morning,

Upon further review, I realize my question may not have been specific enough.  I know that there's no such thing as a sovereign citizen, but I also know some of them are really committed to creating headaches for people who oppose them.  What sort of antics should I and my client expect, particularly in a property dispute situation? And if anyone has dealt with these types of situations in the past, would they allow me to pick their brain for a few minutes over the phone?




 

Best Regards,


DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC 
234 SW 43rd St, Suite MA | Renton, WA 98057

t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com| www.dimensionlaw.com

 

On Tue, Jan 12, 2016 at 10:30 AM, Lenard <lwlaw at my180.net> wrote:

It has been several years but there is no such thing as a single sovereign citizen.  The US Supreme Court has said that with our form of government the sovereignty lies with the people, not the government or the president (because that would make him a king).  That is, the people collectively, not individually, are sovereign.  Some people misinterpret these old court cases and decide that they are sovereign.  Not so.

 

Lenard L. Wittlake, PLLC

Attorney & Counselor at Law

22 E. Poplar Street, Suite 200

P.O. Box 1233

Walla Walla, WA  99362

(509) 529-1529 <tel:%28509%29%20529-1529>  voice

(509) 850-3515 <tel:%28509%29%20850-3515>  fax

LWLaw at my180.net

www.lwattorney.com

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Danielle Flatt
Sent: Monday, January 11, 2016 4:26 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] Ejectment and "Sovereign Citizens"

 

Good Afternoon,

Has anyone dealt with sovereign citizens and ejectment issues and would be available for a 10-15 minute phone call to answer some questions? 


 

Best Regards,


DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC 
234 SW 43rd St, Suite MA | Renton, WA 98057

t: 206.973.3500 | f: 206.577.5090| e: danielle at dimensionlaw.com| www.dimensionlaw.com


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