CAUSE NO. 9842 COUNTY OF BASTROP ET AL, IN THE 21 st PLAINTIFF, JUDICIAL V. DISTRICT COURT WILLIAM MICHAEL JOHNSON, DEFENDANT. BASTROP COUNTY, TEXAS VERIFIED ORIGINAL ANSWER Comes now the private man William Michael Johnson, authorized representative for the WILLIAM MICHAEL JOHNSON supposed to be the alleged defendant, and now defendant (herein) in special appearance, reserving all rights, without waiving any rights, remedy, defenses statutory or procedural, by way of sufficiency of pleadings in defense of private property to challenge the subject matter and in personam jurisdiction of this court regarding the instigating petition in the above captioned matter; to wit and whereas State of Texas ) ) ss. Bastrop county ) Upon being duly sworn does say, I am a man with the proper Christian name known as and styled as William Michael and I am of the Johnson family/clan, and I go by the appellation William Michael: Johnson; and I am competent in this matter, and I find sometimes being alleged by others as WILLIAM MICHAEL JOHNSON, and I peacefully, lawfully and currently take up housekeeping on the private property which is familiar to some as 191 Duck Pond Road in Bastrop county Texas united States of America, also noted in Warranty Deed, DEED RECORDS 2022 as recorded VOL 318 PAGES 278, 279, 280 in Records of Bastrop County, Texas APR 14 1983, and I am the titled land owner (in accord with Texas Penal Code 1.07(a)(35)(A)), and the property is recorded and posted as private property, and DEFENDANT'S VERIFIED ANSWER 1
the property came to me, in private, and remains free of all encumbrance, and the recorded warranty deed so said above does, on Page 278, read in part for which no lien, expressed or implied, is retained or shall exist. ; and the recorded warranty deed so said above does, on Page 278, read in part by these presents do GRANT, SELL AND CONVEY unto William Michael Johnson [sic] ; and I have lawful and legal possession of said property (Id. 1.07(a)(39)), and I enjoy, full, undiluted, possessory rights of said property (Id. 1.07(a)(35)(A)), and I have been served with this, what I believe to be, specious action, and I do not accept or consent to this instant action, and I am unrepresented, and I do solemnly affirm that the statements herein are from my own personal knowledge and belief, true and correct in substance and in fact, not meant to deceive, made in good faith and affirmed to provide proper testimony and evidence into the record of this matter in lawful defense of private property, property free of all encumbrance, against said and as further grounds for the abatement of and dismissing the alleged plaintiff s petition therefore I do state: 1. I am not learned in the law; and 2. I am in want of full disclosure; and 3. I am in want of knowing the alleged Plaintiff; and 4. I am in want of knowing the alleged COUNTY OF BASTROP ; and 5. I am unable to make legal determination; and 6. therefore I take the only prudent course of action known to be available; and 7. without dishonor; 8. do DENY each and every allegation of the plaintiff s unverified complaint by which plaintiff seeks relief, to impose liability upon Me or to otherwise unlawfully usurp, or otherwise trespass, abscond with, My private property; and 9. I do in good faith deny that the alleged plaintiff has any actionable justiciable claim in the premises; and as an alternative to dismissal, a lawful 10. Jury Trial is demanded; and further, DEFENDANT'S VERIFIED ANSWER 2
11. be it known that as a man I, William Michael Johnson, do accept the presiding judge s required oath, and bond, and there now exists a firm and binding contract wherein the judge swore to preserve, protect and defend rights and property so help me God. if this be not true let it be corrected on the record now or it will stand as truth in this matter; and 12. I do deny being a corporation; and 13. I do reserve all rights at all times and waive no rights at any time and do expect them to be honored, protected and defended at all times if this be not true let it be corrected on the record now or it will stand as truth in this matter; and 14. I do demand that any presumptions by the court and any complaining party be brought forth and duly entered into the record of this matter or forevermore not be considered; and 15. I do say that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. are not proper parties to this instant action, have no standing in this matter and that the cause number 9842 should be abated and dismissed on this fact alone; and further, if further need be - without dismissal that is, 16. As it does relate, I am not in possession of any thing that establishes that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. has having any authority to create a colorable persona, (CONVERSION) under colorable law by the use of the all-capital-letter-spelled, WILLIAM MICHAEL JOHNSON ; and 17. I claim the right to actual possession ; and 18. I am not in possession of any thing that defeats or otherwise nullifies My right of possession; and 19. I believe that nothing exists that will go to defeat, encumber or otherwise nullify My right of possession; and further, as further may need be, 20. I do not comprehend, I am not aware of, and I do not understand Lee Gordon, alleged State Bar #08212500, and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. as found in this specious 9842 matter and I believe, and have reason to believe, that it is incompetence shown by instigating attorney(s) and possibly some manner of fraud upon the court; and further 21. For the record, the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. do not represent Me, William Michael Johnson or the fiction WILLIAM MICHAEL JOHNSON ; DEFENDANT'S VERIFIED ANSWER 3
22. As it does relate, I am not in possession of any thing that establishes the alleged plaintiff s existence; and 23. As it does relate, I am not in possession of any thing that establishes capacity of the alleged plaintiff in this instant matter; and 24. As it does relate, I am not in possession of any thing that establishes the alleged plaintiff s proper registration to do business in the State of Texas; and 25. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s standing in this instant matter; and 26. As it does relate, I am not in possession of any thing that establishes any voluntary nexus between the alleged defendant and the alleged plaintiff as may have occurred in, on or within Bastrop county Texas; and 27. As it does relate, I am not in possession of any thing that establishes that the alleged plaintiff, et al, has any monetary interest in the property at issue by and 28. As it does relate, I am not in possession of any thing that establishes that the alleged plaintiff, et al, has any propriety interest in the property at issue by and 29. As it does relate, I am not in possession of any thing that establishes that the alleged plaintiff, et al, has any contractual interest in the property at issue by and 30. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s alleged attorney s lawful identity in this instant matter; and 31. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s alleged attorney s standing in this instant matter; and 32. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s alleged attorney s authority in this instant matter see, Texas Rules of Civil Procedure (T.R.C.P.), Rule 8; and 33. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s alleged attorney s license to practice law in the State of Texas in this instant matter; and 34. As it may relate, I am not in possession of any thing that establishes the alleged plaintiff s proper underwriting of this instant matter; and 35. As it may relate, I am not in possession of any thing that establishes the real party of interest in this instant matter; and 36. As it may relate, I am not in possession of any thing that shows the real party of interest in this instant matter is in fact a party in this instant matter; and DEFENDANT'S VERIFIED ANSWER 4
37. As it may relate, I am not in possession of any thing that goes to proof that the property so alleged in plaintiff s alleged SCHEDULE A is in fact real property ; and 38. As it may relate, I am not in possession of any thing that shows to be a rendering form as may have been used in this alleged matter; and 39. As it does relate, and pursuant to Texas Business & Commerce Code UCC 3-501, I am not in possession of any thing that goes to the existence of a lawful contract between Me and the alleged plaintiff relative to this instant matter; and 40. As it does relate, I am not in possession of any thing that establishes the alleged plaintiff s allegation that I am in fact the defendant; and 41. As it may relate, I am not in possession of any thing that establishes alleged plaintiff s conformity with existing Federal law, rules and regulations as they may apply in this instant matter; and 42. As it may relate, I am not in possession of any thing that establishes alleged plaintiff s conformity with existing federal law, rules and regulations and specifically the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) as amended by Fair Debt Collection Practices Act (FDCPA), Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996), as it may apply in this instant matter; and 43. As it may relate, I am not in possession of any thing that establishes alleged plaintiff s conformity with existing Texas law, rules and regulations as they may apply in this instant matter; and 44. As it may relate, I am not in possession of any thing that establishes that the alleged plaintiff is in business; and 45. As it may relate, I am not in possession of any thing that establishes that alleged plaintiff s claims that it represents any political subdivisions ; and 46. As it may relate, I am not in possession of any thing that establishes alleged plaintiff s legal capability to allegedly collect property taxes; and 47. As it may relate, I am not in possession of any thing that goes to proof that I did in fact receive anything of value from the alleged plaintiff; and 48. As it may relate, I am not in possession of any thing that goes to proof that I did in fact receive anything of value from the alleged Assessor and Collector of taxes ; and 49. As it does relate, I am not in possession of any thing that goes to a legal nexus between Me and the alleged Property Tax Code ; and 50. As it does relate, I am not in possession of any thing that goes to a legal nexus between My duly recorded private property and the alleged Property Tax Code ; and DEFENDANT'S VERIFIED ANSWER 5
51. As it does relate, I am not in possession of any thing that goes to a voluntary legal nexus between Me and the alleged Assessor and Collector of taxes ; and 52. As it does relate, I am not in possession of any thing that goes to showing delinquency; and 53. As it does relate, I am not in possession of any thing that goes to the alleged tax being in harmony with the Texas constitution; and 54. As it does relate, I am not in possession of any thing that goes to the alleged taxes being in compliance with the Texas constitution; and 55. As it does relate, I am not in possession of any thing that goes to the alleged plaintiff s assertion that I have any voluntary legal relations with anything as so described in Plaintiff s alleged SCHEDULE A which is found incorporated into Plaintiff s original petition; and 56. As it does relate, I am not in possession of any thing that establishes legal relation with Me and the alleged CAUSE NO. 9842 in the 21 st DISTRICT COURT OF BASTROP COUNTY, TEXAS; and 57. As it does relate, I am not in possession of any thing that establishes how the alleged CAUSE NO. 9842 in the 21 st DISTRICT COURT OF BASTROP COUNTY, TEXAS has any pertinence to Me; and 58. As it does relate, I am not in possession of any thing that establishes how the alleged CAUSE NO. 9842 in the 21 st DISTRICT COURT OF BASTROP COUNTY, TEXAS has any pertinence to My private property; and 59. As it does relate, I am not in possession of any thing that establishes how the alleged THE STATE OF TEXAS has any interest in My private property or this matter; and 60. As it does relate, I am not in possession of any thing that establishes how the alleged 21 st DISTRICT COURT OF BASTROP COUNTY, TEXAS has any interest in My private property; and 61. As it does relate, I am not in possession of anything that establishes that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. has any legal interest in My private property; and 62. As it does relate, I am not in possession of any thing that establishes that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. has any lawful interest in My private property; and DEFENDANT'S VERIFIED ANSWER 6
63. As it does relate, I am not in possession of any thing that establishes that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. has any authority of or to conversion of My private property; and 64. As it does relate, I am not in possession of any thing that establishes that the alleged Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. has any use authority for My private property; and 65. As it does relate, I am not in possession of anything that establishes that the alleged COUNTY OF BASTROP ET AL has any use authority for My private property; and 66. As it does relate, I am not in possession of any thing that establishes that the alleged COUNTY OF BASTROP ET AL has any use authority to create a colorable persona, (CONVERSION) under colorable law by the use of the all-capital-letter-spelled, WILLIAM MICHAEL JOHNSON ; and 67. As it does relate, I am not in possession of any thing that establishes My liability for the alleged SCHEDULE A DELINQUENT TAXES DUE County of Bastrop ; and 68. As it does relate, I am not in possession of any thing that responsively establishes what My alleged liability for the alleged SCHEDULE A DELINQUENT TAXES DUE County of Bastrop is ; and 69. As it does relate, I am not in possession of any thing that definitively and/or precisely establishes what the alleged liability for the alleged SCHEDULE A DELINQUENT TAXES DUE County of Bastrop is; and 70. As it may relate, I am not in possession of anything that establishes who duly authorized this instant matter; and 71. As it does relate, I am not in possession of anything that establishes full disclosure of material facts relating to this instant matter; and 72. As it may relate, I am not in possession of anything that establishes that there was not misleading information given this court regarding the assertions found in Plaintiff s original petition; and 73. As it may relate, I am not in possession of anything that goes to show that whatever the alleged plaintiff is or may be working with isn t counterfeit; and DEFENDANT'S VERIFIED ANSWER 7
74. As it may relate, I am not in possession of anything that goes to show that the alleged plaintiff has been harmed and damaged by Me in any way regarding this instant matter; and 75. As it may relate, I am not in possession of any thing that goes to show remedy for Me regarding this instant matter; and 76. As it does relate, I am not in possession of anything that goes to show that the alleged plaintiff has stated a claim upon which relief can be granted; and 77. As it does relate, I am not in possession of any thing that contravenes or annuls the Texas Constitution; and further 78. I am not in possession of any thing that contravenes, annuls or supersedes the Constitution of the United States; and 79. the official record made in this instant case CAUSE NO. 9842 verifies that the court wanted subject matter jurisdiction to rule and determine that the man William Michael Johnson is a judgment debtor to one alleged COUNTY OF BASTROP ET AL ; and 80. I am aware, and now this court is Judicially Noticed that, -- a judgment must be proved only by evidence entered on the record through a competent witness, see: American Red Cross v. Community Blood Center of the Ozarks, 257 F.3d 859 (8th Cir. 07/25/2001); and 81. I am aware, and now this court is Judicially Noticed, that, The statements of counsel in brief or in argument are not true facts before the court and are therefore insufficient for the court's summary conclusion, see: Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647; and 82. having determined that the court lacked jurisdiction, we must dismiss -- subject matter jurisdiction is the power and authority of the court to determine a controversy and without which it cannot proceed; and further 83. I do believe and verily say that each and every uncontested, unrebutted allegation of fact in this verified original answer and counterclaim must be accepted as true; and 84. As it does relate, I am not in possession of any thing that establishes due process relating to this instant matter, as Collection of tax constitutes deprivation of property; accordingly, taxing unit must afford property owner due process of law, State v. Southoaks Dev. Co., 920 S.W. 2d 330, 336-37 (San Antonio); and 85. As it does relate, I am not in possession of anything that establishes proper service relating to this instant matter; and DEFENDANT'S VERIFIED ANSWER 8
AFFIRMATIVE DEFENSE 86. attaching to this answer is a copy of a TAX RECEIPT 2006-28177-BAST as received from BASTROP COUNTY TAX OFFICE showing a receipt for taxes paid as of 12/19/2006 CONCLUSION 87. Wherefore, I, William Michael Johnson, a man, the alleged defendant, in good faith defense of private property, property free of all encumbrance, does demand that this Court for the above listed reasons, immediately abate and DISMISS with prejudice, as required by law, the alleged plaintiff s original petition and CITATION DELINQUENT TAX SUIT as filed in the above captioned matter as the facts show that there exists no claim upon which relief can be granted, there exists no damaged party and there is no lawful petition or complaint filed and this court is absent both subject matter and in personam jurisdiction, the appearing plaintiff and its alleged attorney actors in this matter do not show clean hands, all proceedings are thus void ab initio. The violations of the Rules of Court, Federal and State law, and common law requires the abatement and instant dismissal of this defective complaint in this CAUSE NO. 9842, with the alleged plaintiff and alleged plaintiff s attorney(s) compensating William Michael Johnson for the costs in this action; and as Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C. each individually and together knowingly and willingly violated the law in willful attempt to defraud both William Michael Johnson and this court - the Court should order them each personally to compensate him, as necessary, to amend the bad behavior of Lee Gordon, alleged State Bar #08212500; and MCCREARY, VESELKA, BRAGG & ALLEN, P.C.. Should this court fail to dismiss this action, it must cite with clarity those facts it relies upon to proceed in violation of the Constitutions, supra, State Statutes, settled case law, supra, and common law. 88. I, William Michael Johnson, now demand relief that can be granted in the form of judgment from this honorable court as follows: a. That alleged plaintiff takes nothing by this complaint, which will be dismissed with prejudice, and b. That I recover costs from alleged plaintiff, and c. That I recover any bond in this instant matter; and as DEFENDANT'S VERIFIED ANSWER 9
d. As I am not an attorney there can be no call for attorney fees, however; there may be awarded punitive damages of $3,000.00 (three thousand Dollars US), or more, against the Plaintiff and accordingly to be timely paid over to Me to compensate for My having to, with duress, answer this spurious action; and e. That the Court order that I, William Michael Johnson, be granted such other and further relief, special or general, legal or equitable, as I may be shown to be justly entitled or otherwise awarded by the Jury; and in finality f. That the ORDER of the court be surrendered to Me, William Michael Johnson forthwith. DATED this day of March in the year A.D. 2007, the undersigned being first duly sworn deposes and says, I, William Michael Johnson, verify the factual averments of the above and foregoing under penalty of perjury. William Michael Johnson, unrepresented on the land c/o 191 Duck Pond Road McDade, Bastrop county Texas usa 512-273-2396 DEFENDANT'S VERIFIED ANSWER 10
State of Texas VERIFICATION County of Bastrop Before me, a notary public, on this day of March, 2007 personally appeared William Michael Johnson, known to me to be the person whose name is subscribed to the foregoing and, being by me first duly sworn, declared that the statements therein contained are true and correct. (L.S.) Notary Public in and for the State of Texas My Commission Expires CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing DEFENDANT'S VERIFIED ANSWER was by my hand delivered on March, 2007 to the District Court, 21 st Judicial District, Bastrop, Texas, for filing into Cause Number: 9842, and then in time thereafter by me delivered to: Lee Gordon, alleged State Bar #08212500, MCCREARY, VESELKA, BRAGG & ALLEN, P.C.; P.O. Box 26990, Austin, Texas 78755 via prepaid USPS Certified Mail, Article # 7006 2760 0002 0863 4856 Domestic Return Receipt PS Form 3811 used. county Texas Not a party to this action. DEFENDANT'S VERIFIED ANSWER 11