Motion to Dismiss for Failure to State a Claim and Lack of Jurisdiction

1 Your name
2 Your address
[City, ST ZIP Code]
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5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE OF MOTION FOR
10 vs.
DISMISSAL UNDER FEDERAL
11 RULE 12(b)(6) THE PLAINTIFF
[DEFENDANT'S NAME],
FAILED TO STATE A CLAIM AND
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Defendant/Father THIS STATE LACKS EVIDENCE
13 OF PERSONAL JURISDICTION
OVER THE ALLEGED
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DEFENDANT/FATHER WHO IS
15 CLAIMING NON-ASSUMPSIT AND
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THEREBY DID NOT ESTABLISH A
DUTY OF OBLIGATION WITH
17 STATE
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20 NOTICE OF MOTION FOR DISMISSAL UNDER FEDERAL

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RULE 12(b)(6) THE PLAINTIFF FAILED TO STATE A CLAIM AND THIS
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STATE LACKS EVIDENCE OF PERSONAL JURISDICTION OVER THE
24 ALLEGED DEFENDANT/FATHER WHO IS CLAIMING NON-

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NOTICE OF MOTION FOR DISMISSAL UNDER FEDERAL RULE 12(B)(6) THE PLAINTIFF FAILED
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TO STATE A CLAIM AND THIS STATE LACKS EVIDENCE OF PERSONAL JURISDICTION OVER
THE ALLEGED DEFENDANT/FATHER WHO IS CLAIMING NON-ASSUMPSIT AND THEREBY DID
NOT ESTABLISH A DUTY OF OBLIGATION WITH STATE -
1 ASSUMPSIT AND THEREBY DID NOT ESTABLISH A DUTY OF
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OBLIGATION WITH STATE
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4 Comes now, the Defendant/Father [type in your name,

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not in capital letters and remove brackets] is a living man with blood flowing
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through his body and a citizen of the state1 presenting a record of facts within the
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23 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
24 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
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1 Notice of Motion for dismissal for failure to state a claim under federal rule 12(b)
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(6) and claiming non-assumpsit2 that he did not undertake3 or knowingly expressed
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4 consent to establish a support obligation4 with the state agency administering the
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state plan under 42 USC Section 654(3) and therefore this court is without
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jurisdiction to issue an order of default5 or support order.6
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10 What is NON ASSUMPSIT? The general issue in the action of assumpsit; being a plea by which
the defendant avers that “he did not undertake” or promise as alleged. https://thelawdictionary.org/non-assumpsit/
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What is UNDERTAKE? This means to guarantee, to engage in, set about to do, to promise and
13 to perform. https://thelawdictionary.org/undertake/
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“OBLIGATION” under 42 USC SECTION 666(a)(1)(B) is defined as Obligation 42 USC §
15 1320a-7a(s) For purposes of subsection (o), the term “obligation” means an established duty, whether or not fixed,
arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-based
16 or similar relationship, from statute or regulation, or from the retention of any overpayment.
5
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Default 42 USC § 292q(c)(3)
18 Definitions For purposes of this subsection: (A) The term “default” means the failure of a
borrower of a loan made under this subpart to— (i) make an installment payment when due; or (ii) comply with any
19 other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to
be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contracts
20 with the borrower that the borrower intends to repay the loan.
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22 support order 42 USC § 653(p)

As used in this part, the term “support order” means a judgment, decree, or order, whether
23 temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction,
for the support and maintenance of a child, including a child who has attained the age of majority under the law of
24 the issuing State, or of the parent with whom the child is living, which provides for monetary support, health care,
arrearages, or reimbursement, and which may include related costs and fees, interest and penalties, income
withholding, attorneys’ fees, and other relief.
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1 The state agency administering the state plan under 42 USC Section
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654(3) is not within any State,7 territory, or possession of the United States;8 and
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4 thereby cannot subject the Defendant/Father to legal process9 for IV-D Services
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under title IV-D of the Social Security Act 42 USC Sec 651-669(b).
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It is a fact the Defendant/Father is a father and a living man with
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9 unalienable rights secured by the law of the land10 and thereby under Obligation of
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42 U.S. Code § 1301. Definitions (a) When used in this chapter—
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(1) The term “State”, except where otherwise provided, includes the District of Columbia and the
Commonwealth of Puerto Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI includes the Virgin
13 Islands and Guam. Such term when used in subchapters III, IX, and XII also includes the Virgin Islands. Such term
when used in subchapter V and in part B of this subchapter also includes American Samoa, the Northern Mariana
14 Islands, and the Trust Territory of the Pacific Islands. Such term when used in subchapters XIX and XXI also
includes the Northern Mariana Islands and American Samoa.
15 8
16 42 U.S. Code § 1301. Definitions (a) When used in this chapter—

(2) The term “United States” when used in a geographical sense means, except where otherwise
17 provided, the States.
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Legal process 42 USC § 659(i)(5) The term “legal process” means any writ, order, summons, or
19 other similar process in the nature of garnishment— (A) which is issued by— (i) a court or an administrative agency
of competent jurisdiction in any State, territory, or possession of the United States; (ii) a court or an administrative
20 agency of competent jurisdiction in any foreign country with which the United States has entered into an agreement
which requires the United States to honor the process; or (iii) an authorized official pursuant to an order of such a
21 court or an administrative agency of competent jurisdiction or pursuant to State or local law; and (B) which is
directed to, and the purpose of which is to compel, a governmental entity which holds moneys which are otherwise
22 payable to an individual to make a payment from the moneys to another party in order to satisfy a legal obligation of
the individual to provide child support or make alimony payments.
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24 “The words, "due process of law," were undoubtedly intended to convey the same meaning as the
words, "by the law of the land," in Magna Charta. Lord Coke, in his commentary on those words, (2 Inst. 50,) says
they mean due process of law.”
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1 Contracts Article I, Section 10, Clause 1, the Defendant/Father cannot be forced
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into a contractual relationship with a state agency administering a state plan under
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4 42 USC Section 654(3).

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6 The state agency must provide evidence the Defendant/Father

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knowingly and willfully expressed consent to establish a support obligation11 with
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9 the state agency or it must discharge matter and cease and desist harassment by
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sending communications.
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THIS STATE COURT AND PRESIDING OFFICIAL IS
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SANCTIONED AND LIMITED BY A WRITTEN STATE CONSTITUTION
15 AND IT IS THE DUTY OF THE COURTS TO BE WATCHFUL FOR THE

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CONSTITUTIONAL RIGHTS OF ITS CITIZENS, AND AGAINST ANY
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18 STEALTHY ENCROACHMENTS THEREON12 AND THEREFORE THIS

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COURT AND ITS PRESIDING OFFICIAL CANNOT CAUSE THE
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23 or similar relationship, from statute or regulation, or from the retention of any overpayment.
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“It is the duty of courts to be watchful for the constitutional rights of the citizen, and against any
stealthy encroachments thereon” Byars v. United States, 273 U.S. 28 (1927)
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1 DEPRIVATION OF LIFE, LIBERTY, OR PROPERTY OF THE
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DEFENDANT/FATHER WITHOUT DUE PROCESS LAW
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1. It is a fact the undersigned Defendant/Father is a living man with blood
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flowing through his body is evidence he is a free citizen of this state13
8 innocent until proven guilty and thereby cannot be called a debtor,14or

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obligor until a final judgment listing evidence to support its claim the
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11 Defendant/Father is a debtor or the court or tribunal must discharge this

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matter immediately.
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16 flowing through his body is evidence he is not a natural person or person15
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19 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
20 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
21 Court 1869
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28 U.S. Code § 3002 - Definitions (4) “Debtor” means a person who is liable for a debt or against
23 whom there is a claim for a debt.
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42 U.S. Code § 1301(a)- (3) The term “person” means an individual, a trust or estate, a
partnership, or a corporation.
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1 and thereby this court lacks personal jurisdiction because the undersigned is
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not a non-resident corporation.
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3. This court cannot, through fear, fraud or mistake cause the Defendant/Father
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6 give up any natural rights as a father and thereby the state court cannot
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interfere in the Defendant/Father’s right to the care, custody, and control of
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9 his offspring, without showing evidence the offspring is in imminent danger.

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11 4. This court cannot, through fear, fraud or mistake cause the Defendant/Father
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give up any natural rights causing him to become a debt slave or indentured
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servant to the state by issuing a order of support paid through state agency.
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16 5. It is the understanding by the undersigned Defendant/Father that this court

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ordering him to pay support through a state agency will cause the
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undersigned Defendant/Father to be an indentured servant,16 to the state
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20 requiring that he must continue to be employed or will be jailed for contempt

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of an order for support.
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indentured servant a person who came to America and was placed under contract to work for
24 another over a period of time, usually seven years, esp. during the 17th to 19th centuries. Generally, indentured
servants included redemptioners, victims of religious or political persecution, persons kidnapped for the purpose,
convicts, and paupers
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1 6. This court is without personal jurisdiction to cause the undersigned
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Defendant/Father to pay support through a state agency and become a debt
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4 slave to this state.

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6 7. The right to freedom being the gift of Almighty God, it is not in the power of
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man to alienate this gift and voluntarily become a slave.
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8. The Defendant/Father is not under any obligation17with the state agency
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11 administering the state plan under 42 USC Section 654(3) State plan for
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child and spousal support.
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9. The Defendant/Father is not under the protection of this state and therefore
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16 he did not exchange his rights as a free citizen of this state in return for
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protection by the state.
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10. The Defendant/Father is a free citizen of this state and thereby this court
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21 cannot claim personal jurisdiction over the Defendant/Father, until it shows

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or similar relationship, from statute or regulation, or from the retention of any overpayment.
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1 evidence of his wet-inked signature expressing consent to undertake with the
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State agency administering the state plan under 42 USC Section 654(3) State
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4 plan for child and spousal support.

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6 11.The Defendant/Father is refusing any implied offer to contract with the state
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agency administering a state plan under 42 USC Section 654(3) and thereby
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9 the Defendant/Father is claiming non-assumpsit for there is no proof of an

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established duty of obligation.18
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STATEMENT OF FACTS IN SUPPORT OF AN IMMEDIATE
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DISMISSAL FOR THE STATE LACK OF EVIDENCE OF PERSONAL
15 JURISDICTION
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1. It is a fact the Defendant/Father is claiming non-assumpsit and thereby
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18 without evidence of a contractual relationship where the Defendant/Father is

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a borrower of a loan, this court cannot issue an Order of Default.19
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22 “OBLIGATION” under 42 USC SECTION 666(a)(1)(B)(8) is defined as Obligation 42 USC §

1320a-7a(s) For purposes of subsection (o), the term “obligation” means an established duty, whether or not fixed,
23 arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-based
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Default
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1 2. It is a fact the undersigned Defendant/Father is not domiciled within the
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State20 and thereby he is not a federal citizen or federal employee bound
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4 under the statutes and codes for the federal government of the United
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States21 and its federal citizens and employees. This fact requires that this
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court or tribunal must object to this fact and it must respond with a written
8 rebuttal that fully clarifies its reasons why the aforementioned fact presented
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by the undersigned that he is not a federal citizen nor a federal employee
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11 bound by federal statutes and codes while a nonresident domiciled outside

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the federal jurisdiction of Washington D.C..
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16 flowing through his body is evidence he is not a natural person or person22
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(3) Definitions For purposes of this subsection: (A) The term “default” means the failure of a
18 borrower of a loan made under this subpart to— (i) make an installment payment when due; or (ii) comply with any
other term of the promissory note for such loan, except that a loan made under this subpart shall not be considered to
19 be in default if the loan is discharged in bankruptcy or if the school reasonably concludes from written contracts
with the borrower that the borrower intends to repay the loan.
20
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21 42 USC Section 1301 “State” means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the
22 United States.
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28 U.S. Code § 3002 - Definitions (15) “United States” means—(A) a Federal corporation; (B) an
24 agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United
States.
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1 and thereby this court lacks personal jurisdiction because the undersigned is
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not a non-resident corporation. For this court or tribunal to object to this fact
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4 it must respond with a written rebuttal or this court or tribunal will default
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and this fact shall stand as truth this court or tribunal lacks personal
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jurisdiction to order the undersigned Defendant/Father to appear and thereby
8 must discharge matter and cease and desist sending communications.

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4. Whereas it is the understanding by the Defendant/Father cannot be deprived
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of his driving privileges without a hearing.
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5. The Defendant/Father is refusing to appear voluntarily and therefore the
15 court failed to obtain personal jurisdiction.

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6. Whereas it is the understanding by the Defendant/Father that for the court to
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obtain personal jurisdiction the plaintiff needs to serve the Defendant/Father
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20 in the state in which the court sits, and the Defendant/Father needs
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42 U.S. Code § 1301(a)- (3) The term “person” means an individual, a trust or estate, a
partnership, or a corporation.
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1 voluntarily appear in court.23The Defendant/Father refuses to voluntarily
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appear.
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7. The undersigned Defendant/Father refuses to appear voluntarily and thereby
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6 the court must grant this motion to dismiss for the fact the court has failed to
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obtain personal jurisdiction.
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8. The undersigned Defendant/Father is one of the people and as one of the
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11 people he enjoys the affirmative defense of the presumption of innocence

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and thereby until proven guilty this court is prohibited from using conclusive
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terms such as Obligor,24 Debtor, and Non-custodial parent.
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21 Obtaining Personal Jurisdiction Typically for a court to have personal jurisdiction over a
Defendant/Father, the plaintiff needs to serve the Defendant/Father in the state in which the court sits, and the
22 Defendant/Father needs to voluntarily appear in court. https://www.law.cornell.edu/wex/personal_jurisdiction
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Obligor
24 The person obligated to pay child support (also referred to as a noncustodial parent or NCP).
Federal Child Support Enforcement Glossary of Child Support Terms
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1 9. The court must provide discovery evidence of an obligation25 for support
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showing the undersigned knowingly entered a contractual fee-based
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4 relationship with the state for services and without this evidence this court is
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without personal jurisdiction.
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10. The Defendant/Father has the affirmative defense of being a Man with
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9 blood running through his body with unalienable rights secured by the fifth
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amendment and state constitution equivalent protecting him against giving
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evidence or testimony for one’s own words can be used against he in an
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13 open court. Whereas it is the understanding that the fifth amendment is

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applicable in civil and criminal matters.26
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11. The Petitioner has the burden of proof of meeting a constitutional minimum
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18 of standing by introducing evidence into the Court showing an injury in fact

19 25
20 “OBLIGATION” under 42 USC SECTION 666(a)(1)(B) is defined as Obligation 42 USC §

1320a-7a(s) For purposes of subsection (o), the term “obligation” means an established duty, whether or not fixed,
21 arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, for a fee-based
26
22
23 “The constitution of the United States, as adopted, contained the provision, that "the trial of all
crimes, except in cases of impeachment, shall be by jury." When the fifth article of amendment containing the words
24 now in question was made, the trial by jury in criminal cases had thus already been provided for. By the sixth and
seventh articles of amendment, further special provisions were separately made for that mode of trial in civil and
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1 caused by the Defendant/Father and thereby the Court cannot exercise
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personal jurisdiction over the Defendant/Father until the petitioner meets the
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4 burden of proof by proving standing.

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6 12. The undersigned is not consenting to waive rights secured by the

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constitution of the United States and thereby refuses to participate in
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9 expedited processes under 45 CFR 303.101 that will undoubtedly cause the
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deprivation of life, liberty, and property without a judgment by peers as is
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required by due process of law, the law of the land.27
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13. The Defendant/Father is claiming the affirmative defense of an adjudicated
15 fact in matter Troxel v. Granville, 530 US 57 - Supreme Court 2000 that his
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fundamental right as a father to the care, custody, and control of his
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18 offspring is perhaps the oldest of the fundamental liberty interest recognized

19
20
27
21
“The words, "due process of law," were undoubtedly intended to convey the same meaning as the
22 words, "by the law of the land," in Magna Charta. Lord Coke, in his commentary on those words, (2 Inst. 50,) says
they mean due process of law. The constitutions which had been adopted by the several States before the formation
23 of the federal constitution, following the language of the great charter more closely, generally contained the words,
"but by the judgment of his peers, or the law of the land." The ordinance of congress of July 13, 1787, for the
24 government of the territory of the United States northwest of the river Ohio, used the same words” Murray's Lessee
v. Hoboken Land & Improvement Co., 59 US 272 - Supreme Court 1856
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1 by supreme court and therefore this fundamental liberty cannot be deprived
2
unless by a judgment by peers.28
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14. The Defendant/Father is claiming the affirmative defense of the separation
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6 of powers doctrine29 protecting against the state agency issuing an

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withholding of income order under 42 USC Section 666(b)(8) to seize his
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9 property without a warrant. Under the 4th amendment only a warrant issued
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by a judicial court can seize property.
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THIS COURT MUST RESPOND IN WRITING WITH A REBUTTAL TO
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THE AFOREMENTIONED FACTS OR IT MUST IMMEDIATELY
15 GRANT THIS MOTION TO DISMISS

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19 "but by the judgment of his peers, or the law of the land." The ordinance of congress of July 13,
1787, for the government of the territory of the United States northwest of the river Ohio, used the same words”
20 Murray's Lessee v. Hoboken Land & Improvement Co., 59 US 272 - Supreme Court 1856
29
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22 Separation of powers
Separation of powers is a doctrine of constitutional law under which the three branches of
23 government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and
balances, because each branch is given certain powers so as to check and balance the other branches. Each branch
24 has separate powers, and generally each branch is not allowed to exercise the powers of the other branches. The
Legislative Branch exercises congressional power, the Executive Branch exercises executive power, and the Judicial
Branch exercises judicial review.
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1 The undersigned Defendant/Father requires a written rebuttal to the
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aforementioned facts or must discharge or dismiss this matter.
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9 Dated this [day] of [Month], [year].

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Your Name
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Motion to Dismiss for Failure to State a Claim and Lack of Jurisdiction

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Motion to Dismiss for Failure to State a Claim and Lack of Jurisdiction

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1 Your name

20 NOTICE OF MOTION FOR DISMISSAL UNDER FEDERAL

24 ALLEGED DEFENDANT/FATHER WHO IS CLAIMING NON-

4 Comes now, the Defendant/Father [type in your name,

22 support order 42 USC § 653(p)

16 42 U.S. Code § 1301. Definitions (a) When used in this chapter—

4 42 USC Section 654(3).

6 The state agency must provide evidence the Defendant/Father

15 AND IT IS THE DUTY OF THE COURTS TO BE WATCHFUL FOR THE

18 STEALTHY ENCROACHMENTS THEREON12 AND THEREFORE THIS

8 innocent until proven guilty and thereby cannot be called a debtor,14or

11 Defendant/Father is a debtor or the court or tribunal must discharge this

16 flowing through his body is evidence he is not a natural person or person15

9 his offspring, without showing evidence the offspring is in imminent danger.

16 5. It is the understanding by the undersigned Defendant/Father that this court

20 requiring that he must continue to be employed or will be jailed for contempt

4 slave to this state.

21 cannot claim personal jurisdiction over the Defendant/Father, until it shows

4 plan for child and spousal support.

9 the Defendant/Father is claiming non-assumpsit for there is no proof of an

18 without evidence of a contractual relationship where the Defendant/Father is

22 “OBLIGATION” under 42 USC SECTION 666(a)(1)(B)(8) is defined as Obligation 42 USC §

11 bound by federal statutes and codes while a nonresident domiciled outside

16 flowing through his body is evidence he is not a natural person or person22

8 must discharge matter and cease and desist sending communications.

15 court failed to obtain personal jurisdiction.

11 people he enjoys the affirmative defense of the presumption of innocence

13 open court. Whereas it is the understanding that the fifth amendment is

18 of standing by introducing evidence into the Court showing an injury in fact

20 “OBLIGATION” under 42 USC SECTION 666(a)(1)(B) is defined as Obligation 42 USC §

4 burden of proof by proving standing.

6 12. The undersigned is not consenting to waive rights secured by the

18 offspring is perhaps the oldest of the fundamental liberty interest recognized

6 of powers doctrine29 protecting against the state agency issuing an

15 GRANT THIS MOTION TO DISMISS

9 Dated this [day] of [Month], [year].

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16 42 U.S. Code § 1301. Definitions (a) When used in this chapter—