[marie]

Dear Sui Juris Forum,

I just had a very interesting experience. I panicked, my brain locked up, I froze, then accepted a hand delivered SUPERIOR COURT SUMMONS. Aaaarrrggghhh! Frustration!

Bank
Plaintiff

First, Middle Initial, Last Name aka First, Middle Initial, Last Name(sanitized) and J Doe Spouse (for real)
Defendant

After the initial new experience shock, I recognized that I had the unreasonable expectation that all the legal entity designations were supposed to be in ALL CAPS… silly me.

The SUMMONS directions state that I, “must appear and defend within the time applicable or judgment by default may be taken against you for the relief demanded in the complaint”.

In order to appear and defend, I “must file an answer or other proper response in writing with the clerk of court, along with filing fee within the time required and I am required to serve a copy of any answer or other response upon the plaintiff’s attorney”…which is a third party debt collector.

This SUMMONS includes attached pages titled “GENERAL ALLEGATIONS”. It includes a numbered list of allegations that appear to be in affidavit format.

The GA seems to be searching for information; the name of the defendant, the True name of J Doe Spouse, devoting three points as to the status of being a married legal entity, either at the time “of the debt alleged herein” or currently, so as to attach a liability to the marital community. (Note: the phrase in quotations.)

The other points are vague and are phrased containing the words allege, alleged, allegations, it is apparent that they lack facts.

I have twenty business days to respond.

If I respond and rebut the GA with facts as they currently stand (according to me), between the BANK and NAME in the form of an affidavit, I feel I will be giving details that the third party interloper is currently unsure of. Then, third party interloper attorney will be able to perfect the paperwork and proceed against NAME. (Anything I say can and will be used against me.)

I have determined to utilize what little I have read and studied to resolve this.

I lack practical experience with COURTS. It is my desire to stay out of their jurisdiction.

My first instinctive response to all of this is to RUN!!! while I holler INCOMING!!!

My first somewhat rational response to this experience is Refusal for Cause. Am I able to do this?

If so, this is how I would proceed:

1. Refusal for Cause all the pages of the SUMMONS and the attached GENERAL ALLEGATIONS;
2. submit the above to the clerk of court to be placed in the case file as the response;
3. purchase two certified copies of the Refusal for Cause SUMMONS with attachment from the clerk of court;
4. Send one certified copy Registered Mail along with a copy of the Certificate of Mailing to the third party interloper attorney as per the requested/demanded response;
5. Keep a Certified copy for my records.

Wait and see what happens next.

Is my understanding correct?

Is there anybody else I would notify of the Refusal for Cause?

Is anyone willing to share any thoughts or experiences concerning this SUMMONS?

Are there other options for the resolution of the SUMMONS? In other words, how may I best make the SUMMONS go away?

I thank all of you for your participation with this forum. I am especially thankful for all those who have experienced suffering and gained valuable insights as a result.You have paved the way for those of us here who are attempting to wake up. I have pondered and considered much due to the subject matter discussed, debated and shared here.

In gratitude,

Linda Marie

p.s. This is my understanding to date:
1. It is illegal for a BANK to lend BANK assets to anyone;
2. there is no equal consideration as evidenced in the Credit River Decision. (I have a certified copy);
3. I have a certified copy of the original Thirteenth Amendment;
4. My True Name was recorded in a seventy year old family Bible. A notary certified a true and correct copy of the record. (Certificate of Search pending.)