R4C While On Vacation?

[sheisaceo]

Now if I leave my home for 3 days and come home to a presentment where my time to respond has expired, then how does anyone leave their home then for fear of the above? Can I contact the post office and tell them to universally refuse all mail until I return?

[ezrhythm]

If you will be gone for three days and a presentment arrives the day after you leave then you will have one day to R4C when you return.
I believe this means business/mail days. Someone correct me if I'm wrong.

[David Merrill]

Originally Posted by sheisaceo

Now if I leave my home for 3 days and come home to a presentment where my time to respond has expired, then how does anyone leave their home then for fear of the above? Can I contact the post office and tell them to universally refuse all mail until I return?

I teach suitors to R4C immediately. Three days is simply considered a reasonable amount of time to consult with spouse, friends and other counsel to make an informed purchase. That of course means three days from when you became aware of the presentment before you.

Technically, for the purpose of filing into courts, the postmark, the rounddate is the time of filing. And Registered Mail, because of the security systems in the Post Office used to take about 9 days to arrive. It is absurd to consider one responsible for knowing what presentments are in the mail. [For raising filing fees though, the clerk of court must use the fee as of the filing date on the rounddate.]

Patriots enjoy a slogan, "Common law means common sense." Very good.

Courts are there to establish facts. Juries find facts. If you look over the clerk instruction attached put yourself in the position of the Presenter getting your R4C and a copy of that clerk instruction...

All the facts evolving around the clerk instruction are in the US courthouse where you can get certified copies from the clerk of court any time in the future. You can prove you R4C'd the presentment.

One could easily explain in that signed and sealed clerk instruction that she was on a vacation and did not know about the Presentment until such and such a day when she returned home and checked her mail.

Do not wait 3 days just because the UCC allows that as the reasonable amount of time. When you R4C, it is over. Your head hits the pillow and it is morning. Do it now.


Regards,

David Merrill.

[sheisaceo]

Doing it immediately is my premise, BUT if I have to leave for somewhere...anywhere for a period of a week or two and the presentment arrives the day after I leave, then my window for 3 days is closed. I don't see anyone giving me latitude for anything in all honesty.

[David Merrill]

Originally Posted by sheisaceo

Doing it immediately is my premise, BUT if I have to leave for somewhere...anywhere for a period of a week or two and the presentment arrives the day after I leave, then my window for 3 days is closed. I don't see anyone giving me latitude for anything in all honesty.

True;

By the time you get back, it is as though the Presentment is signed in agreement by your acquiescence.

What I say is set up a premise of fact so that they will think twice about acting upon the process.

[sheisaceo]

Originally Posted by David Merrill

True;

By the time you get back, it is as though the Presentment is signed in agreement by your acquiescence.

What I say is set up a premise of fact so that they will think twice about acting upon the process.

And the premise of fact would be receipts from another location proving the time away? If not then please explain.

[David Merrill]

Originally Posted by sheisaceo

And the premise of fact would be receipts from another location proving the time away? If not then please explain.

Maybe. You are getting it though. If the facts are established, like with the copy of the clerk instruction, then these things never get into court to establish already established facts.

One suitor got a curb-bid from a roofer - just drew it up and knocked. This was years before he learned the methods of R4C. He graciously accepted the bid on the understanding he would call if he wanted the work done.Four days later he came home from work to a new roof and a bill.

That was risky enough on the commercial precept of R4C and notice and grace etc. I doubt that the roofer would have done that through the mail. So one has to be pretty trusting of random clerk selection of a black-robed attorney to hypothecate process curing while you were taking a vacation.



Regards,

David Merrill.