
09-10-2005, 06:25 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,389
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You need to first set up a face to face meeting with who makes the decisions to charge. You must be accompanied by a third party witness taking notes.
Ask what do***entation do they have which shows the facts & law justifying the charges.
If they say, this is our procedure
Ask then if that is an arbitrary position.
They will say no.
Is it based on facts within your knowledge?
They say yes
What facts & do***entation are you relying upon which I can inspect which would prove that is your procedure.
Can you just make something up and tell me it's your procedure?
Keep feeding back their opinions in the form of questions
The GOAL is to prove they are acting in an arbitrary and capricious manner.
After the meeting, have you and your witness make an affidavit of everything transpired w/ default clause stating that if they don't rebut in 10 days, then they assent that the affidavit is true correct and complete
Have another third party do an affidavit of third party mailing to perfect service
Send a seperate request for do***ents, records, and authorities which reflect the daily jail charge
Have a default clause
ask for facts, law, the principle they base it on, and how/why they consider the charges to be justified
put a 10 day default clause
after 10 days, a Notice of default/3 day to cure
After 3 days, record a final default at the county recorder in affidavit format with conclusions at law that they behaved arbitrarily and capriciously due to their non-production of do***ents
list the record including dates & certified mail numbers, names, etc . . .
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