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redemption/redemption3.htm
Commercial Lien
A commercial lien is a non-judicial claim or charge against property of a Lien Debtor for
payment of a debt or discharge of a duty or obligation. A lien has the effect of
permanently seizing property in three months, ninety days, upon failure of the lien
debtor to rebut the Affidavit of Claim of Lien. The commercial grace of a lien is provided
by the three-month delay of the execution process, allowing resolution either verbally, in
writing, or by jury trial within the 90 day grace period. A Distress (to be defined in Blacks
6th) bonded by an affidavit of information becomes a finalized matured commercial lien
and accounts receivable ninety days from the date of filing. The Lien Right of a Lien
must be expressed in the form of an Affidavit sworn true, correct and complete, with
positive identification of the Affiant. The swearing is based on one's own commercial
liability.
A commercial lien differs from a true bill in commerce only in that ordinarily a true bill in
commerce is private, whereas a lien is the same bill publicly declared, usually filed in
the office of the County Recorder, and, like all such declarations, when uncontested by
categorical point-for-point rebuttal of the affidavit, is a Security (15 USC) and an
accounts-receivable.
A commercial lien differs from a non-commercial lien in that it contains a declaration of a
one-to-one correspondence between an item or service purchased or offenses
committed, and a debt owed. A commercial lien does not require a court process for its
establishment. However, a commercial lien can be challenged via the Seventh
Amendment jury trial, but may not be removed by anyone except the Lien Claimant or a
jury trial, properly constituted, convened, and concluded by due process of law. It
cannot be removed by summary process, i.e. a judges discretion. A commercial lien (or
distress) can exist in ordinary commerce without dependence on a judicial process, and
is therefore not a common law instrument unless challenged in a court of common law,
whereupon it converts to a common law lien. A commercial lien must always contain an
Affidavit in support of Claim of Lien and cannot be removed without a complete rebuttal
of the Liens Claimant affidavit point-by-point, in order to overthrow the one-to-one
correspondence of the commercial lien. Also, no common law process can remove a
commercial lien unless that common law process guarantees and results in a complete
rebuttal of the lien claimants Affidavit categorically and point-for-point in order to
overthrow the one-to-one correspondence of the commercial lien.