Can a Person File Liens Against Public Officials ?
In United States v. Brum, No. 1:05-CV-110, 2005 U.S. Dist (E.D. Texas July 1, 2005), the District Court issued an order permanently enjoining the defendant from filing, causing to be filed, or attempting to file liens against several federal officials.
The filing of false liens against the Chief Judge and the Assistant United States Attorney would cause irreparable injury.
The filing of liens caused the Chief Judge and the Assistant United States Attorney to set aside time from their official jobs to try and clear their credit history and resolve the Uniform Commercial Code (UCC) filings.
In this computerized age, a single bad credit rating or notation will likely be cross referenced in records across the country.
There is no easy way to correct the records, and once corrected in one location, no assurance that the misinformation will not constantly be resurrected by the interconnected net of computers which now store credit and financial information. ...
The defendant has no right to file, and no legitimate interest in filing false liens and documents against public officials.
In the unlikely event that he ever obtains a legitimate judgment against somebody, it will be easy for him to obtain permission to file the appropriate lien.
The court recognizes the inmate's First Amendment rights, but 'there is no First Amendment right to harass, intimidate, and attempt to extort federal officials.'
The harm sought to be protected is greatly outweighed by the minimal inconvenience to be imposed on the defendant, that of obtaining leave before filing documents purported to be liens.
Lastly, the public interest is greatly advanced by the granting of this injunctive relief.
Public officials will be able to perform their duties without being threatened by harassing liens.
Moreover, if there is a legitimate lien, the defendant is not foreclosed from obtaining leave before filing the public document. Brum, 2005 U.S. Dist.