It is quite ironic that Mr. Morales makes so many statements to the press about the Republic of Texas filing "bogus" liens when in fact they do not and he does. It's the age old tactic of accusing your opponent of doing the very wrong that you are doing to deflect attention from yourself, a clear case of "The Pot calling the Kettle Black!"

How does Mr. Morales and every other lawyer in Texas file bogus liens? The answer is quite simple. It's called a Writ of Attachment. Blacks Law Dictionary, 6th Edition defines a writ of attachment as "an order to seize a debtor's property so as to secure the claim of a creditor."

Every day, somewhere in Texas, an attorney asks for and a judge issues a writ of attachment for the body of a person to force that person into court. The attorneys and judges are clearly violating the law.

Texas Practice and Civil Remedies Code, Title 3 § 61.061 states: "Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal property held by the attaching officer, and on the proceeds of any attached personal property that may have been sold." When a person is "arrested" on a Writ of Attachment a lien is created on the body of the person. It is patently obvious to anyone with common sense that an individual human cannot be "attached and/or sold" to satisfy a judgment. Only chattel property or real property may be attached and sold for this purpose, and that only with due process of law.

Texas Practice and Civil Remedies Code Title 3 § 61.041 "A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution." You cannot "levy" a natural, human, sentient being. Regardless of how the courts treat us, we are NOT their property.

In 1941, after the Texas Legislature gave the Supreme Court rule-making power in civil actions, the Court adopted the Texas Rules of Civil Procedure (TRCP). Gov't Code §22.004; TRCP 2, 814. The Supreme Court may not, by its rules, "abridge, enlarge, or modify the substantive rights of a litigant." Gov't Code §22.004(a); TRCP 815; Kennedy v. Hyde, 682 S.W.sd 525, 528 (Tex.1984). When a rule of procedure conflicts with a statutory enactment, the statute prevails. See Few v. Charter Oak Fire Ins. Co., 463 S.W.2d 424, 425 (Tex. 1971) O'CONNOR'S TEXAS RULES Chapter 1, Subchapter A, §1

TRCP Rule 692 is said to be the authorization for the body of a person to be "attached" (see Attached Rule 692). What they really mean is that a person can be arrested without a warrant and simply call it "attachment." This rule is in clear violation of Texas Statutes on Attachment (see above), which clearly state that a Writ of Attachment can only be used on property.

Not only is it in violation of Texas Statutes, it is also in violation of the Constitution and also is contradicted in the very rules of Civil Procedure in which it is contained. TRCP, Rule 1 states: "The proper objective of rules of civil procedure is to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under established principles of substantive law." (Emphasis added) TRCP, Rule 815 states: "These rules shall not be construed to enlarge or diminish any substantive rights or obligations of any parties to any civil action." TRCP, Rule 693 states: "The principles, practice and procedure governing courts of equity shall govern proceedings to injunctions when the same are not in conflict with these rules or the provisions of the statutes." (Emphasis added) THEREFORE, it is clear, by the Statutes of Texas that a Writ of Attachment may NOT be used to "arrest" a person and seize his body for a civil procedure.

Every time an attorney asks for a Writ of Attachment on the body of a person, and a judge orders the writ to issue, they are BREAKING THE LAW and CREATING A BOGUS LIEN on the body of the person so "attached." In addition, this action against a person constitutes FALSE ARREST, and KIDNAPPING by the well meaning law officers who have been duped by the courts into obeying illegal judicial orders.

When Attorney General Dan Morales had Writs of Attachment issued to "arrest" Citizens of the Republic of Texas he BROKE THE LAW and caused a BOGUS LIEN to be created. The judge that issued the orders BROKE THE LAW. The deputies and police that made the "arrests" BROKE THE LAW. The difference is that the Attorney General and the judge knew that they were breaking the law, and unfortunately, the deputies and police were counting on these people to OBEY THE LAW. The Supreme Court, no matter how Supreme they think they are, CANNOT MAKE LAW. The constitution clearly defines the government as "three branches of government consisting of Executive, Legislative and Judicial." Has anyone ever heard of "Separation of Powers?" It is the job of the legislature to make laws, not courts, judges or attorneys. If TRCP Rule 692 were valid, it would be a LAW made by the judges of the Supreme Court.
       THIS CANNOT BE!! IT MUST BE STOPPED!!

Civil Practice and Remedies Code TITLE 3 --- EXTRAORDINARY REMEDIES Sec. 61.001. General Grounds. A writ of original attachment is available to a plaintiff in a suit if: (1) the defendant is justly indebted to the plaintiff; (2) the attachment is not sought for the purpose of injuring or harassing the defendant; (3) the plaintiff will probably lose his debt unless the writ of attachment is issued; and (4) specific grounds for the writ exist under Section 61.002. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.002. Specific Grounds. Attachment is available if: (1) the defendant is not a resident of this state or is a foreign corporation or is acting as such; (2) the defendant is about to move from this state permanently and has refused to pay or secure the debt due the plaintiff; (3) the defendant is in hiding so that ordinary process of law cannot be served on him; (4) the defendant has hidden or is about to hide his property for the purpose of defrauding his creditors; (5) the defendant is about to remove his property from this state without leaving an amount sufficient to pay his debts; (6) the defendant is about to remove all or part of his property from the county in which the suit is brought with the intent to defraud his creditors; (7) the defendant has disposed of or is about to dispose of all or part of his property with the intent to defraud his creditors; (8) the defendant is about to convert all or part of his property into money for the purpose of placing it beyond the reach of his creditors; or (9) the defendant owes the plaintiff for property obtained by the defendant under false pretenses. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.003. Pending Suit Required. A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of a suit, but may not be issued before a suit has been instituted. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.004. Available for Debt Not Due. A writ of attachment may be issued even though the plaintiff's debt or demand is not due. The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the debt or demand becomes due. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.005. Certain Torts and Unliquidated Demands. Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, partnership, association, or corporation on whom personal service cannot be obtained in this state. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.021. Who May Issue. The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to his court. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.022. Affidavit. (a) To apply for a writ of attachment, a plaintiff or his agent or attorney must file with the court an affidavit that states: (1) general grounds for issuance under Sections 61.001(1), (2), and (3); (2) the amount of the demand; and (3) specific grounds for issuance under Section 61.002. (b) The affidavit shall be filed with the papers of the case. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.023. Bond. (a) Before a writ of attachment may be issued, the plaintiff must execute a bond that: (1) has two or more good and sufficient sureties; (2) is payable to the defendant; (3) is in an amount fixed by the judge or justice issuing the writ; and (4) is conditioned on the plaintiff prosecuting his suit to effect and paying all damages and costs adjudged against him for wrongful attachment. (b) The plaintiff shall deliver the bond to the officer issuing the writ for that officer's approval. The bond shall be filed with the papers of the case. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.041. Subject Property. A writ of attachment may be levied only on property that by law is subject to levy under a writ of execution. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.042. Attachment of Personalty. The officer attaching personal property shall retain possession until final judgment unless the property is: (1) replevied; (2) sold as provided by law; or (3) claimed by a third party who posts bond and tries his right to the property. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.043. Attachment of Realty. (a) To attach real property, the officer levying the writ shall immediately file a copy of the writ and the applicable part of the return with the county clerk of each county in which the property is located. (b) If the writ of attachment is quashed or vacated, the court that issued the writ shall send a certified copy of the order to the county clerk of each county in which the property is located. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.044. Claim on Attached Personalty by Third Party. A person other than the defendant may claim attached personal property by making an affidavit and giving bond in the manner provided by law for trial of right of property. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.061. Attachment Lien. Unless quashed or vacated, an executed writ of attachment creates a lien from the date of levy on the real property attached, on the personal property held by the attaching officer, and on the proceeds of any attached personal property that may have been sold. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.062. Judgment and Foreclosure. (a) If the plaintiff recovers in the suit, the attachment lien is foreclosed as in the case of other liens. The court shall direct proceeds from personal property previously sold to be applied to the satisfaction of the judgment and the sale of personal property remaining in the hands of the officer and of the real property levied on to satisfy the judgment. (b) If the writ of attachment on real property was issued from a county or justice court, the court is not required to enter an order or decree foreclosing the lien, but to preserve the lien the judgment must briefly recite the issuance and levy of the writ. The land may be sold under execution after judgment, and the sale vests in the purchaser all of the estate of the defendant in the land at the time of the levy. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

Sec. 61.063. Judgment on Replevied Property. A judgment against a defendant who has replevied attached personal property shall be against the defendant and his sureties on the replevy bond for the amount of the judgment plus interest and costs or for an amount equal to the value of the replevied property plus interest, according to the terms of the replevy bond. Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

RULE 692. DISOBEDIENCE

Disobedience of an injunction may be punished by the court or judge, in term time or in vacation, as a contempt. In case of such disobedience, the complainant, his agent or attorney, may file in the court in which injunction is pending or with the judge in vacation, his affidavit stating what person is guilty of such disobedience and describing the acts constituting the same; and thereupon the court or judge shall cause to be issued an attachment order for such person, directed to the sheriff or any constable of any county, and requiring such officer to arrest the person therein named if found within his county and have him before the court or judge at the time and place named in such writ; or said court or judge may issue a show cause order, directing and requiring such person to appear on such date as may be designated and show cause why he should not be adjudged in contempt of court... (emphasis added)

Commentary: Arrest without a warrant? Seems like the Constitution has something to say about that. This rule is clearly against the Constitution and Statute law.