Another day, another sovereign citizen claiming that the government should be responsible for paying his debts. And, just like in the case mentioned yesterday, this case was dismissed by a District Court judge, this time in North Carolina.
A copy of the ruling in the case of Siler-El v. Duke Energy Corp. et al. can be accessed by clicking here.
The plaintiff, proceeding pro se probably to the surprise of nobody, filed this lawsuit against three different creditors — two utilities and a cell-phone carrier — alleging they violated the Fair Debt Collection Practices Act and committed fraud because they sent the plaintiff invoices that should have gone to the government to be paid.
Two of the defendants filed motions to dismiss, to which the plaintiff responded by attaching “all sorts of nonsensical documents purporting to be some type of self-declaration of release of claims as a sovereign citizen,” according to Judge Thomas D. Schroeder of the District Court for the Middle District of California. Among the claims made by the plaintiff in attempting to defeat the motions to didmiss was:
“These so-called utility companies are incorporated in Territories of the bankrupted (Chapter 11) U.S. government (see Exhibits K, 0, P, and Z) and that automatically put them under the umbrella of the U.S. Corporation, making ALL DEFENDANTS debtors as well. This is a material fact, as we all know that any entity under a Head Corporation holds the same liabilities/effects of the the Head Corporation. For example… if the head or mother corporation is bankrupted, then so are the subordinate corporations… no matter the type of entity. Making all these corporations debtors as well as debt collectors posing as creditors who are fraudulently COLLECTING debt. They are fraudulently collecting debt (debt collectors) from the True Creditors (“customers”) instead of honoring the agreement that RIR-192/Public Law 73-10 contain.”
The problem, Judge Schroeder noted, is that none of the defendants are debt collectors, and therefore are not subject to the FDCPA.
“Having reviewed all of Siler-El’s filings carefully, the court finds no cognizable claim in this case,” Judge Schroeder wrote. “This action is frivolous and diverts the attention of this court from other legitimate business.”
