Quote:
|
Originally Posted by truth
A long time ago, in one of Leroy Michael's earlier videos, I recall Leroy found that "Refusal" of process means you've been served. Then a year or so later, I read in the Rules of Civil Procedure, I think it's in Rule 4, that if one "refuses", it is deemed accepted, you got notice.
Many times since then I came to notice law enforcement and other various beaurocrats would routinely come back with "So, you are REFUSING?" when I would decline to accept their papers or comply with their requests. Sheriffs/deputies have simply put in an affidavit stating "I served HIM at HIS RESIDENCE and HE refused it." Ya da Ya da.
When dealing with these situations, I have come to respond "Oh no, I'm sorry, you are misunderstanding the circumstances here. I would be happy to comply if I could. But I simply DO NOT have the authority to "REFUSE" anything that is not in my name."
And interestingly, I have used a mailing location of "general post office" in the past. The punch line is papers sent to me at that location did not get picked up and went back to the source "UNCLAIMED" rather than "REFUSED". Hmmm!!!
You see, I may be wrong but I believe when, say a "notice to appear" day comes for hearing, the judge simply listens to the opposing attorney in your absence, and then asks the attorney on the record, "Well did MR. Soinso get notice to appear?" And the attorney simply shows him the envelope you returned with "REFUSED" slashed across the front of it ... and that is what covers the judge issuing a bogus bench warrant. "Oh I see, HE "REFUSED" it, so he got notice!!!
Just some thoughts.
Sincerely,
truth
|
Excellent points! And you have really hit the heart of why I seldom find suitors over the Internet. They all come from referrals. You are touching on what collective experience and meeting other suitors and of course understanding me an intelligence nexus in the midst of courts of competent jurisdiction as sensory nodes. I live my career vicariously through the eyes of people like you who have undergone the paradigm shift of capital integration.
Hold court on your kitchen table six days a week. You bring in the suits from that courthouse out front called the mailbox and hear them. First do it slowly and carefully until you get the mathematics down. Now pick up the first suit; Is that your name? (Probably not.) - - Who is it from? (Who is the plaintiff?). Do you want to appear? (By tearing the envelope open.) Does it hold enough gravity in the contract affairs of your household (Dept. of Revenue or Treasury) to be worth $25? ($12 Registered Mail back to the Presenter and to your evidence repository in the US Courthouse.)
Because you certainly have the right to hold in trust artificial entities and as long as you understand that they are "shingles" in commerce, you can prevent them from bleeding over.
And really, I don't care what the Rules say in an administrative tribunal before municipal magistrates about "last known address" being adaquate notice. Misnomer is a fatal error in any court's jurisdiction - especially if they refuse to correct it (abatement for misnomer).
Regards,
David Merrill.