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Debt Elimination

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District Court (Cal.) Dismisses “Redemptionist” Claim against Bank

by Scott J. Hyman |

In Marshall v. Mechs. Bank Auto Fin., No. 2:22-cv-06973-MCS-KS, 2023 U.S. Dist. LEXIS 26934, at *4-7 (C.D. Cal. Feb. 15, 2023), Judge Scarsi dismissed what he called a 'redemptionist' claim against a bank. The section of the FAC outlining the basis upon which this [*5] Court may exercise jurisdiction cites provisions of the Uniform Commercial Code; Public Law No. 73-10,… Read More

District Court (Cal.) Dismisses Allegations Against Bank Based on Theory that Plaintiff is a “foreign national” over which the United States Did Not Have Jurisdiction

by Scott J. Hyman |

In El v. Ally Bank, No. 2:22-cv-00874-APG-DJA, 2022 U.S. Dist. LEXIS 130239, at *1-5 (D. Nev. July 22, 2022), Magistrate Albregts dismissed a claim that the Court described as being based on sovereign citizen theories against a Bank. Not only do El's motions fail to state the grounds for the relief she seeks or even what relief she seeks, El's motions… Read More

District Court (Az.) Finds Dismissal of Case Against Auto Finance Lender Appropriate Where Plaintiff’s Claim Had “many hallmarks of the ‘sovereign citizen’ redemption theory”

by Scott J. Hyman |

In Pondexter v. Murrieta, No. CV-20-02124-PHX-DLR, 2021 U.S. Dist. LEXIS 10166 (D. Ariz. Jan. 20, 2021), Judge Reyes dismissed a case filed against an auto lender. This lawsuit stems from a retail installment sale contract ("RISC") for the purchase of a 2019 Mercedes (the "Mercedes"), entered into between Plaintiff and Autonation Chevrolet Arrowhead ("Autonation") on August 29, 2020. (Doc. 2-2… Read More

District Court (N.Y.) Explains Sovereign Citizens/Redemptionist Debt Elimination Theories About as Succinctly as Possible

by Scott J. Hyman |

It was a criminal case, and it’s difficult to do, but Judge D’Agostino in Muhammad v. Smith, 2014 WL 3670609 (N.D.N.Y. 2014) layed out the redeptionist/sovereign citizen movement about as succinctly as possible. Plaintiff's assertions appear to be based, at least in part, on the “redemptionist” theory or the related “sovereign citizen” theory, which are frivolous legal theories that have… Read More

District Court (Ga.) Explains What a “Sovereign Citizen” Is

by Scott J. Hyman |

In U.S. v. Cartman, 2013 WL 2445158 (N.D.Ga. 2013), Judge Carnes tried and convicted a Defendant notwithstanding his assertion that he is a “sovereign citizen”.  Unfortunately, we know more about these Sovereigns that we’d like to, but sometimes one needs – for a Brief or for explanation – a citation for what this is all about.  Judge Carnes’ explained it:… Read More

7th Circuit Explains “Sovereign Citizens” Movement, But Says District Court Should Have Declined Jurisdiction Over the Claim

by Scott J. Hyman |

In El v. AmeriCredit Financial Services, Inc., --- F.3d ----, 2013 WL 1150210 (7th Cir. 2013), Judge Posner writing for the Court of Appeals for the 7th Circuit reversed the District Court’s dealing with a plaintiff who purportedly was a member of the Sovereign Citizens movement. The plaintiff bought a used pickup truck in 2011 for $28,000 and financed the… Read More