proactive rights by agreement

[mikah2k]

Created to foster thought processes for proactive steps of claiming new rights by consent and agreement.

1 Think of something you would like to do. (When doing it, we'll call that exercise or execution E1.)
Example have "general delivery" for a mailing location to improve your privacy at home (for the purpose of asset protection and/or estate planning).
2 Find out upon whom do you need to serve your mailing location agreement.
3 Create your agreement.
4 Serve your agreement
5 Record your agreement and its proof of service with county recorder.
6 Serve your notice of consent to new agreement (default notice)
7 Record the default (notice) and its proof of service.
8 Get certified copies (however many you think you will need).
9 Create a notice of breach for the event the agreement is breached, keep undated copies with you.
10 Do E1, and Take at least one cert. copy and one notice of breach with you when doing E1.
11 SomeAgent, or SA, (perhaps as agent of the principal with whom you have agreement) wants to test you or interfere with your new agreement, serve the SA
the certified copy and notice of breach.
11a If the SA acquiesces, and honors the agreement, you're in good shape.
11b If the SA is dishonorable, wait for default, then execute default provisions (default provision can be the SA or principal of the SA loses part of his/her physical/financial/intellectual-property anatomy).

Just using my imagination.

[planetmark]

I've been thinking along these same lines. What if I have already defaulted everyone in my "dissolution/custody" case, declaring the "judgement" void for a million enumerated reasons. Then I recorded a new document called "Bill of Divorcement" (phrase taken from Bible) enumerating everyone's rights, property distribution, etc. and an Affidavit in support of Bill of Divorcement detailing her abuses and betrayal and abandonment of the family, etc. Then, to bump it up one more level, filed these two docs in Fed. Misc File at Fed. District Court as a foreign judgment.

All of that being done now, I'm thinking I pick up here at step 6, and serve/record the Notice of Consent and its default, stating that I intend to show up at a time and place of my choosing and execute my RIGHT of Recaption, collecting my children and my stuff that was stolen from the house at her betrayal and departure.

Then I'll need a good Notice of Breach, because her liar, the police, the judge, and probably others, will attempt to stop me. "Just enforcing the court order". I know "family law" gives these goons the feeling of invulnerability and unlimited immunity from common sense and law. I suppose until I actually DID something, they couldn't come after me. Then I could watch and see what reactions occur while I wait for it all to cure, looking for evidence that her liar is "advising" her in ways that would suggest his recognition of defeat.

Whaddaya think?

[mikah2k]

I suppose until I actually DID something, they couldn't come after me. Then I could watch and see what reactions occur while I wait for it all to cure, looking for evidence that her liar is "advising" her in ways that would suggest his recognition of defeat.

Make no suppositions, only contingencies and provisions for eventualities and possibilities. Have an agreement in place.

Evidence for recognition of defeat, when the liar thinks it's too costly (time, effort, or ex-spouse exhausts ability to pay).

Perhaps, Naming the liar in a suit (or counterclaim) for making false statements or being an accomplice thereto ... putting liar on defensive is a worthwhile effort, collateral attack.
I think you need not actually sue the liar, just draw up your petition/complaint and fax to liar with cover letter asking if any more facts/details/particulars should be added before it is filed or asking if liar understands it.