Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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Old 03-12-2008, 02:14 PM
dixon dixon is offline
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Question Summons posted for "debt"--Refusal for Cause?

hi, i am new to this forum, and only a little less new to some of these ideas.

I have been working on a Notice of Conditional Acceptance addressed to the Complainant that I had been planning on sharing as an example and for input (and will still do if it seems valuable based on your responses). But while researching what I should say in my Conditional Acceptance to effectively demand proof of claim(s) (primarily that the contracts/notice it has brought the court are valid and legal--they aren't, and I don't think an affiant can swear to it without seriously risking perjury--commercial liability)...While working on this stuff, I came across the idea(s) of "Refusal for Cause" and "Subject Matter Jurisdiction" and am trying to fit the pieces. Whereas I believe I have one day remaining on a 72 hour window, I thought I'd throw out a couple questions, if anyone feels like answering:

1a: Is a Summons a Presentment?
1b: Can I actually refuse for cause (s-m jurisdiction) a summons?
2: (in light that I've done nothing in terms of UCC or Strawman): can i "legally" use s-m jurisdiction by noticing the Court that (something like) "awaiting proof of Complainant's claim(s) upon which it and Court have presumed controversy of contract" and therefore jurisdiction?

So at this point, suddenly, a potential plan for action is: to refuse for the cause the summons (write it in red across every page), maybe put a cover letter elaborating on the reason for refusal (i.e. text from #2), and even a (courtesy?) copy of Notice/Conditional Acceptance to Complainant. And send it registered mail.

I'll post a copy of the Notices maybe later tonight when I finish them. But ii would greatly appreciate any thoughts or opinions in the meantime, especially regarding a window for "refusal for cause."

thanks
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Old 03-12-2008, 08:52 PM
ThomPaine ThomPaine is offline
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1a: yes
1b: yes
2: you can conditionally accept something for value upon proof of (said) claim. If the court lacks SMJ, the case has no legal standing and should be thrown out.

If you R4C something, make sure you do it without dishonour.

There are members here who know a lot more about this than I, so take it for what it is. Not to be construed as legal advice and purely for information and entertainment value.

Thom
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Old 03-13-2008, 12:29 AM
dixon dixon is offline
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I appreciate the input Thom. For you and any others interested in this thread, it is receiving greater response, and I have updated info, at:

http://www.suijuris.net/forum/court/...tml#post132830

All discussion appreciated, d
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