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Originally Posted by sadie
hooded50
Does this only work in suits brought by the State, City etc?
How would that work in suits with a Credit Card Bank or Mortgage Company?
Doesn't that actually consist of a Fictional Corporate entity suing a Fictional person (ALL CAPS)?
So how does the real human being fit into the picture?
If you don't go to court and just send back the summons, the judge will issue a sumary judgment by default - against the ALL CAPS fICTION.
But then the atty. gets the judge to issue a writ of garnishment and goes after your bank acct. or paycheck, trying to make you the responsible party for the ALL CAPS FICTION.
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Sadie, this works in
everything you do. Everything in every aspect of your life is in
commerce. It works with Federal, State, City, and with every private citizen you "do business" with.
As far as Banks and Credit Card companies, you have two things working in your favor. First is the fact that, since the State is not a party to the contract between you and the bank, then if the judge cannot state a claim against you upon which relief may be granted, then he is without jurisdiction to adjudicate any matter related to you.
Second is the fact that, when you sign a "promissory note" at the bank, the bank is
not loaning you its own money. It is loaning you your
own credit. You are agreeing to pay the bank the face value of the promissory note, plus interest, and it's your money all along. They make a killing off of you, but they never pay you back the money
they owe
you.
Any time anyone ever sends me a "summons", I always make a copy for my records. Then I send it back to the person stamped "accepted for value, and returned for failure to state a claim upon which relief may be granted." On the date of the trial, I show up in Court, and demand that the judges and lawyers either state a claim against me upon which relief may be granted, or dismiss the case with prejudice for failure to state a claim upon which relief may be granted (read: sit down and shut up).