[rgrewal]

Dear All:

A friend of mine was recently sent a summons with no complaint attached. I telephoned the clerk and asked about the charges: Felony Tresspass.

Now this friend (and landlord to the Tenant) was accused by a Tenant of his of trespass and theft. The DA charged with tresspass only, not theft. This Tenant has executed TWO different agreements (General Security Agreements - text below) with the accused that give the accused power of attorney to recover collateral from the Tenant with or without due process of law: The accused (landlord) did enter into the Tenant's property and collected listed collateral as defined by the agreements. Some of this collateral had been previously pledged and offerred and returned to the Tenant. Some collateral was "kept" the entire time by the landlord as security. The Tenant "promised" to return collateral after a certain date and did not. The Accused (landlord) called the Tenant, who stated he would not honor the agreements. The Landlord then asked and received permission to seize the collateral from Tenants dwelling by telephone conversation with Tenant. Landlord seized the property and was then asked to answer the summons and complaint (not attached to summons). Tenant in statement of affidavit did use many slanders against landlord. Landlord refused the summons (with misspelled NAME) for cause after opening the letter, with a brief letter to follow. The agreements state that State law will govern, and that the UCC applies:

1. Does the State have automatic Jurisdiction concerning this agreement due to State law governing clause.

2. Can they charge a crime based on a civil contract that should have civil remedies applied ( I understand the maritime issue so this may be moot)

3. Is the best defense to challenge Jurisdiction, explain that this is a civil matter, explain parties agreement to seizure of collateral, No crime occurred, wrong venue (USDC/Merrill).

4. Landlord may have to simply try to press the case to a Jury and hope for the best when voir dire and jury obligations are brought out against the "statute" code only is the law and nothing else.


We are not soliciting legal advice and hold all harless who offer any wisdom.

Thanks

Here is the summons:

As of this date, regarding the matter of PEOPLE OF THE STATE OF COLORADO v. XXXX XXX XXXXX, this matter is hereby refused for cause without dishonor, for the following:

1. The SUMMONS UPON CRIMINAL COMPAINT accidentally opened, contains the misnomer XXXXXXXX, a character unknown to me.

2. The SUMMONS UPON CRIMINAL COMPAINT does not identify with particularity any known Colorado statute, statute at large, ordinance, code, or other, alleged to have been violated by the named defendant, thereby preventing the named defendant from knowing with particularity the nature and cause of the charges levied against him

3. the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.