Sue the Banks

Table of Contents

  1. How to Start/Where to Begin:
    1. Petition to Quash
    2. Sample Summons in a Civil Action
    3. Summons in a Civil Action
    4. Civil Cover Sheet (requires Acrobat)
    5. Return of Service Form
    6. Notice of 7609 Lawsuit Letter
    7. Follow-up of 7609 Lawsuit Letter
    8. Letter of Filing of Appeal
    9. Peymon's Sample Petition to Quash
  2. Cases We've Won!
    1. Sherri's Case before the 11th Circuit Court
    2. Henderson Case
    3. Don beats mighty, mighty DOJ!
  3. IRC § 7609 Law & Instructions
    1. 7609 Summons Law
    2. 7609 Packet Instructions
    3. Instructions on Filing and Service under Rule 4
  4. Second Group of Filings:
    1. New Proof of Service
    2. Memorandum In Support of Motion To Quash IRS Summons
    3. Affidavit in Support of Petition to Quash(Old)
    4. Affidavit in Support of Petition to Quash (New)
    5. 7609 Opposition to Dismiss
  5. Filing fees
    1. Court Explains $39 Misc Fee
  6. Attestment
    1. Motion to Quash-Attestment
    2. Response to Opposition to "Motion to Quash-Attest"
    3. Harry Patriot's Motion to Quash-Attest
    4. Brief on Attestment by Attorney Dickstein
    5. Henderson Case on Attestment
  7. Discovery
    1. Request for Production of Documents.
    2. Request for Admissions of Fact.
    3. Interrogatories -- first set. A list of questions the opposing party must answer. First part of Discovery; file pronto. All discovery motions in packet should he filed quickly.
    4. Interrogatories -- second set. File soon.
    5. Motion to Compel
    6. Summary of Authorities in Support of Motion to Compel Discovery
    7. Opposition to Government's Request for Protective Order (7609)
    8. Summary of Authorities in Support of Opposition to Protective Order
    9. New Opposition to Protective Order
  8. Victories in 7609 Cases:
    1. United States v. LaSalle NAT. BANK
    2. US v. Genser Case
      1. Genser August 29, 1978
      2. Genser March 9, 1979
      3. Genser July 16, 1979
      4. Notice of Appeal (Redacted)
    3. Tweel Case
    4. Holmes Case
  9. Important Motions to File:
    1. Motion for New Trial
    2. Information on Power of Magistrate
    3. Interesting cases on 7609 Summons
  10. Suing the Banks for Premature Disclosure
    1. Sherri's Complaint
    2. Sherri's Amended Complaint
    3. Sherri's Motion to Dismiss
    4. Bank's Motion in Opposition to Dismiss
    5. Sherri's Opposition to Motion to Strike Punitive Damages
    6. Sherri's Opposition to Motion to Strike Demand for Jury Trial
    7. Sherri's Motion for Default Judgment
    8. Discovery
  11. Important 7609 Cases
    1. Peymon's Case
      1. Response to Order to Show Cause
      2. Peymon's Declaration
    2. Jefferson K. Davis Case
      1. Opposition to Response
      2. Motion to Vacate
    3. Shakti Case
      1. Motion to Dismiss
      2. Motion to Dismiss or for Summary Judgment and to Enforce IRS Summons
      3. Opposition to Supplemental Motion to Dismiss
      4. Opposition to Motion to Dismiss, or in the Alternative, for Summary Judgment
      5. Opposition to Supplemental Motion to Dismiss Petition to Quash Summons
      6. Supplemental to Opposition to Motion to Strike Surreply
    4. George Patriot's Case
      1. Opposition to Dismiss
    5. James Patriot's Case
      1. Motion in Opposition
      2. Memorandum of Law in Opposition to Dismiss or for Summary Judgment
    6. Jim Mac's Case
      1. Motion for Extension of Time
      2. Supplement to Informal Brief
    7. Warren T. Patriot's Case
      1. Interrogatories for 7609
      2. Motion for Production of Documents
    8. Sherri Patriot's Case
      1. Motion for Reconsideration of Order
      2. Motion for Default Judgment
      3. Motion to Recuse
      4. Motion to Response to Petition to Quash Summons
      5. Opposition to Motion to Dismiss
      6. Notice of Filing in Compliance with Judge's Order Dated June 14, 2007
      7. Notice of Filing in Compliance with Judge's Order Dated July 17, 2007
      8. Opposition to Motion to Dismiss AmSouth Bank
      9. Request for Production of Documents
      10. Motion for Extension of Discovery
      11. Reply to Bank Dismissal
      12. Request for Documents
      13. Motion to Compel Compliance of Discovery
      14. Reply to Opposition to Enlargement of Time for Discovery
      15. Opposition to IRS Motion for Summary Judgment
    9. 7609 Complaint by Paralegal Wellington
    10. Harry Patriot's Case
      1. Opposition to Enforcement
      2. Response to Opposition to "Motion to Quash-Attest"
      3. Motion to Compel Interrogatories and Production of Documents
      4. Opposition to Motion for Enforcement of Summonses
    11. Coy Patriot's Case
      1. Appellate Brief
      2. Motion for Reconsideration
      3. Motion to Recuse
      4. Affidavit of Patriot in Support of Motion
      5. Clarkson's Affidavit for Motion
      6. Return to Show Cause on Rule 11 Order
    12. Dr. Bob's Case
      1. Reply In Support Of Petition to Quash
    13. Dr. Julie's Case
      1. Memo in Opposition to Respondent's Motion to Dismiss
      2. Surreply Memorandum
      3. DOJ Response to Opposition to Motion
      4. DOJ Memo on Motion to Dismiss
      5. DOJ Response to Surreply
      6. Julie's Motion for Rehearing
      7. Julie's Motion for Rehearing 340
      8. Julie's Motion to Consolidate
      9. Julie's Notice of Appeal
      10. Petition for Stay and Order
      11. Letter to Banks on Motion to Quash
      12. Court Order on Rehearing
    14. Schultz II Case Pertaining to 7609
      1. Schultz Memo on Rehearing [Dec 2004]
      2. Press Release Nov 2006
      3. Order to Show Cause Nov 6th
      4. Schultz Proposed Order to Show Cause
      5. Memo for Temporary Restraining Order (TRO) Nov 3rd
      6. Declaration for Petition to Quash #1 Nov 1st
      7. Declaration for Petition to Quash #2 Nov 2nd
      8. Declaration for Petition to Quash #3 Nov 3rd
      9. Schultz §7609 Petition to Quash
      10. Memo to Petition to Quash Nov 1st
      11. Schulz II Case: (Requires Adobe Reader)
        Case Cite: 413 F.3d 297(2d)NY), 95 A.F.T.R.2d 2005-3007, 2005 WL 152090
    15. Randy Freeman
      1. Opposition to Motion for Summary Judgment
    16. Larry Freeman
      1. Objection to Magistrate's Report
      2. Appeal to Magistrate's Order
      3. Response to Reply of DOJ
      4. Motion to Vacate
      5. Objection to Magistrate's Order and Recommendation
      6. Opposition to Motion to Dismiss: Jurisdiction Argument
      7. Declaration
    17. Marcus Patriot
      1. Objection to Magistrate's Report
      2. Motion for New Trial
      3. Information on Power of Magistrate
      4. Opposition to Response to Petitioner's Objection
    18. Jon C.
      1. Opposition to Motion to Dismiss
      2. POD 2nd in OID case
      3. Opposition to US Motion for Protective Order
      4. Motion for Leave to File Surreply
      5. Supplement to Petition to Quash Summons
      6. 1st Affidavit to Support Petition
      7. 2nd Affidavit to Support Petition
    19. Norman H.
      1. Motion for Enlargement of Time
      2. Motion to Vacate Court's Order
      3. Response to Government Opposition to Motion
      4. Motion to Vacate Court's Order of Dismissal
    20. Bob L.
      1. Return to Show Cause (green card)
    21. Martin C.
      1. Opposition to Motion on Subject Matter Jurisdiction
    22. Robert Freeman
      1. Petition to Quash Summons
    23. Kathy Patriot
      1. Letter from Bank regarding IRS "official request"
      2. Letter to Bank from IRS for records
      3. Letter from Kathy regarding "formal request" for records
      4. Petition to Quash Summons
      5. First Order from Court regarding filing fee
      6. Order granting leave to file in forma pauperis
      7. Letter from US Attorney asking Kathy to drop case with Stipulations
      8. Letter from IRS to Bank rescinding request for records
    24. Articles and Commentaries
      1. Authority of Federal Magistrates
      2. Memo of Law on Keenan from 9th Circuit
      3. IRS Chief Lawyer Explains First Amendment Defense
      4. Right to Financial Privacy Information
    25. Summons
      1. Summons Enforcement Notes
      2. The IRS Explains Summons and Summons Law
    26. Appeals
      1. Notice to Bank of Appeal and Stay
      2. Notice of Appeal (generic)
      3. Lou's Notice of Appeal
      4. Petition for Stay Pending Appeal (generic)
      5. Lou's Petition for Stay Pending Appeal
      6. Early Appellate Brief in 7609 Case
      7. Order for Stay Pending Appeal (generic)
      8. Coy Patriot's Appellate Brief
      9. Sherry's Appeal Brief
      10. Motion for Rehearing En Blanc
      11. Reply Brief of Appellant [old version]
      12. Statement in Lieu of Oral Argument
      13. Dr. Julie Letter to Banks
 

Right to Financial Privacy Information
The Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) requires government agencies to provide notice and an opportunity to object before a bank or other institution can disclose personal financial information.

12 U.S.C. 3403(a) provides that “No financial institution, or officer, employee, or agent of a financial institution, may provide to any Government authority access to or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this chapter.”

Pursuant to 3403(b), a financial institution shall not release the financial records of a customer until the Government authority seeking such records certifies in writing to the financial institution that it has complied with the applicable provisions of this chapter.


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