courts I just got my first presentment

[sheisaceo]

Originally Posted by David Merrill

I hope you can afford an envelope and a postage stamp.

Write Refusal for Cause across the presentment and make a copy, including the envelope, and mail it back. Take it to the post office. Do not close the envelope. Ask the clerk to rounddate your copy - make it clear you want to have some evidence you mailed it and when. So close the envelope and get a rounddate on your copy. If you have a notary friend get a true and correct copy of the R4C.

If you can spring for the Certificate of Mailing in whatever form. $1.05 postage by stamp on both your copy and the R4C, getting the red rounddate on both stamps.

Here is a frugal clerk instruction if you have an evidence repository.


Regards,

David Merrill.

David, how can this stop a legal procedure altogether? It just seems too good to be true, respectfully.

[David Merrill]

Originally Posted by sheisaceo

David, how can this stop a legal procedure altogether? It just seems too good to be true, respectfully.

You say No, Thank you. In a timely manner. In an honest world, that would be enough. The entire system, criminal and civil - law and equity blended since 1938, the county courts abolished in 1933, has become voluntary in nature on the presumption you are chattel held voluntarily in receivership for the bankruptcy of the US.

You quoted me simplifying the proof of process for somebody with only a few bucks to throw at it. The Refusal for Cause must be executed timely. And one should undergird the process with as much clerical verification as possible.

Doing R4C with a sturdy verification of US cognizance is much more costly and continues Registered Mail at about $25/presentment - $12 for the presenter and $12 for the US courthouse.


In some ways you are right, it is too good to be true. The objective is that if one proceeds on the dead cause, you can prove you R4C'd timely later.



Regards,

David Merrill.

[freemyggle]

I got the presentment on the 16th, I have ten days to get it time stamped, right? Because I am new, I wanted to collect as much info as possible before I r4c'd it which I did last night, and am going to take to the post office in a bit, However when I stated that I am broke, I wasn't kidding at all. Since the clerk instruction will cost around 40, (about 39 more than I have) I am planning on just getting the 1.05 rounddate stamp on his original, take it home and copy it true, correct and complete. Black copy with another blue signature next to my copied fingerprint, then mail his out. Woould it hurt or help if I put above my signature "without prejudice".
This thing is only a summary offense committed by another human being. How my name, or the name of my personal property debtor was introduced into this thing is beyond me. But I can affirm to all that "that aint me" to the second power. Plus I needed something small to get into court again and start taking mental notes. If I absolutely screw this up, I can't see doing more than 2 days in a box. And since Trezevant v City Tampa damages establised were $25,000.00 for 23 minutes for unlawful arrest. That equates to 1.6 million a day or 3.2 for 2 days. I will start preparing a Tort claim immediately upon release

[jallen]

I know a fellow who get a speeding ticket for 88 in a 55 within the last month. He and two witness showed up at the clerks desk within 3 days. Filed nothing and told th clerk he had made his appearance. He walked out with a signed statement by the clerk that the case was dismissed.

As for being broke there is no money for any of us to pay a ticket with.

jallen

Originally Posted by freemyggle

but the thing is that im flat broke. the presentment is a citation for an incident that i heard about, but was not me. i dont know if it was an individual with the same name, or someone used my name to get out of a bind. the fine hasnt been determined yet, but regardless i'd rather give out 100 bucks in mailing and notary fees the 1 buck to the govt. Im dying to send in a CA4V, but once again im flat broke, and i haven't made my informational filing in my home state. So what is my remedy? does anyone have a solution that will cater to my poor financial situation? damn them scumbags used my property without my expressed written permission. god i hate being broke. please help

[freemyggle]

You have to demand politely to see the judge/magistrate and be denied 3 times by the same clerk, then you and your 2-3 witnesses go str8 to the notary with affidavits to get signed. Ideally you would want to get there before the officer gets all of the info into the computer, but my issue was disorderly conduct that was truthfully not committed by me so they already had all their tees crossed b4 I even knew that there was even an issue.

[David Merrill]

Originally Posted by jallen

I know a fellow who get a speeding ticket for 88 in a 55 within the last month. He and two witness showed up at the clerks desk within 3 days. Filed nothing and told th clerk he had made his appearance. He walked out with a signed statement by the clerk that the case was dismissed.

As for being broke there is no money for any of us to pay a ticket with.

jallen

That is the same R4C process. They cannot file the case into the court until the three days for R4C have transpired.


Regards,

David Merrill.

[freemyggle]

I sent out the afore mentioned presentment summons r4c with my exemption without prejudice, and a red thumbprint adhering to my exemption on friday the 25th, the respoce I got today was something different. I am going to type what was sent to me verbatim, but I will change my last name and the house where I recieve my mail.

January 29, 2008

MICHAEL J. JEXXXXX
1141 1/2 W. Xxxxxx Street
Scranton PA 18504

RE: NT-0000026-08

Mr. Jexxxxx,

In response to your return of the summons issued to you under the above referenced docket number, please be advised that under the rules of court, if you do not respond with either a NOT GUILY or GUILTY Plea in the required time period the court must issue a warrant for you arrest.

I request your prompt attention to this matter.

Sincerely,

(signed by the magistrate over his seal)
ROBERT RUSSELL
Magisterial District Judge


Now, why did he use two different versions of both our names? The case is in the name of the Debtor/Strawman But the letter format appears to be addressed to me? Why would he state, "I request your prompt attention to this matter"? Is this matter personal to him that he should use the word "I". Mind you this is only a summary offense, how far will he go. There doesn't even appear to be a real claimant. Any opinions?

[David Merrill]

As indicated above you only had three days to R4C. The magistrate was giving you ten days to enter a plea. Just a certificate of mailing slip to staple to your copy for a $1.05 suffices in a pinch though. Very thrifty.

Since the magistrate is an attorney he knows you only had three days and since like the attorneys who post here, he would like to defeat any confidence in R4C, expect it will result in a bench warrant being issued.



Regards,

David Merrill.

[freemyggle]

but this time no exemption, If the magis refused my refusal, why didn't he send it back? Did he sell my exemption as a note? I don't really care because it boils down to 100 dollar fine that my broke a** cant afford anyway, so whats the other option, 2 days in a box? I'm leaning that way. Any suggestions?

[ezrhythm]

One thing to note; The letter says "must" instead of "shall". That means it's not definite.
Oh yes, him stating "request" is a HUGE hint!

With that letter they are trying to re-contract with you, otherwise there is no need for it. I would have R4C that letter right away. If you can get it back to them within 10 days from the date you received it, do it again.

Otherwise you could look in to Conditional Acceptance, Accepted For Value methods.
You might also show up to the de facto court and turn on the Marc Stevens' effect;
http://www.adventuresinlegalland.com/index.php?/

AND THEN there is this;
http://www.suijuris.net/forum/general-discussion/13870-sam-kennedy-latest-strategy.html#post130126