SUPERIOR COURT SUMMONS! I panicked!

[marie]

Dear Sui Juris Forum,

I just had a very interesting experience. I panicked, my brain locked up, I froze, then accepted a hand delivered SUPERIOR COURT SUMMONS. Aaaarrrggghhh! Frustration!

Bank
Plaintiff

First, Middle Initial, Last Name aka First, Middle Initial, Last Name(sanitized) and J Doe Spouse (for real)
Defendant

After the initial new experience shock, I recognized that I had the unreasonable expectation that all the legal entity designations were supposed to be in ALL CAPS… silly me.

The SUMMONS directions state that I, “must appear and defend within the time applicable or judgment by default may be taken against you for the relief demanded in the complaint”.

In order to appear and defend, I “must file an answer or other proper response in writing with the clerk of court, along with filing fee within the time required and I am required to serve a copy of any answer or other response upon the plaintiff’s attorney”…which is a third party debt collector.

This SUMMONS includes attached pages titled “GENERAL ALLEGATIONS”. It includes a numbered list of allegations that appear to be in affidavit format.

The GA seems to be searching for information; the name of the defendant, the True name of J Doe Spouse, devoting three points as to the status of being a married legal entity, either at the time “of the debt alleged herein” or currently, so as to attach a liability to the marital community. (Note: the phrase in quotations.)

The other points are vague and are phrased containing the words allege, alleged, allegations, it is apparent that they lack facts.

I have twenty business days to respond.

If I respond and rebut the GA with facts as they currently stand (according to me), between the BANK and NAME in the form of an affidavit, I feel I will be giving details that the third party interloper is currently unsure of. Then, third party interloper attorney will be able to perfect the paperwork and proceed against NAME. (Anything I say can and will be used against me.)

I have determined to utilize what little I have read and studied to resolve this.

I lack practical experience with COURTS. It is my desire to stay out of their jurisdiction.

My first instinctive response to all of this is to RUN!!! while I holler INCOMING!!!

My first somewhat rational response to this experience is Refusal for Cause. Am I able to do this?

If so, this is how I would proceed:

1. Refusal for Cause all the pages of the SUMMONS and the attached GENERAL ALLEGATIONS;
2. submit the above to the clerk of court to be placed in the case file as the response;
3. purchase two certified copies of the Refusal for Cause SUMMONS with attachment from the clerk of court;
4. Send one certified copy Registered Mail along with a copy of the Certificate of Mailing to the third party interloper attorney as per the requested/demanded response;
5. Keep a Certified copy for my records.

Wait and see what happens next.

Is my understanding correct?

Is there anybody else I would notify of the Refusal for Cause?

Is anyone willing to share any thoughts or experiences concerning this SUMMONS?

Are there other options for the resolution of the SUMMONS? In other words, how may I best make the SUMMONS go away?

I thank all of you for your participation with this forum. I am especially thankful for all those who have experienced suffering and gained valuable insights as a result.You have paved the way for those of us here who are attempting to wake up. I have pondered and considered much due to the subject matter discussed, debated and shared here.

In gratitude,

Linda Marie

p.s. This is my understanding to date:
1. It is illegal for a BANK to lend BANK assets to anyone;
2. there is no equal consideration as evidenced in the Credit River Decision. (I have a certified copy);
3. I have a certified copy of the original Thirteenth Amendment;
4. My True Name was recorded in a seventy year old family Bible. A notary certified a true and correct copy of the record. (Certificate of Search pending.)

[Lawdog]

You have been taken in by some REALLY bad ideas. The "Refusal for Cause" myth refuses to die, but that's all it's good for. There are several cases that prove this is a bogus method. Let me know if you want some cites.

It appears that you were validly served with lawsuit papers. Even if you don't live in Arizona, if you were served with lawsuit papers from an Arizona court while in that state, there is no doubt whatsoever than an Arizona court has jurisdiction over you. See, for example, the Supreme Court's ruling in Burnham v. Superior Court, 495 U.S. 604 (1990) (Held: New Jersey man visiting California subject to jurisdiction of California court when he was served there).

The idea that banks cannot loan "assets" is ludicrous.

The Credit River decision was overturned by the Minnesota Supreme Court, and even had it not been, it would not be binding at all on Arizona courts. As the official website of the Minnesota State Law Library says:

In the late 1960s, attorney Jerome Daly was a defendant in an unlawful detainer action in the justice of the peace court in Credit River Township in Scott County, Minnesota. The First National Bank of Montgomery foreclosed on Daly's property and sought possession. The jury and the justice of the peace decided against the bank, agreeing with Daly's argument that the bank had not actually lent him any money, but had simply created credit on its books. Daly argued that since nothing of value had been advanced by the bank, it was not entitled to the property that secured the loan. The justice of the peace, Martin V. Mahoney, entered his decision in defiance of the Minnesota Supreme Court. For conspiracy theorists, we note he died "mysteriously" within 6 months of his decision. Ultimately, the decision of the justice of the peace court was nullified [by the Minnesota Supreme Court] and Daly was subsequently disbarred.

This case made its way onto the Internet, where groups who oppose federal banking laws assert that the case invalidated the Federal Reserve and voided Federal Reserve notes. Even though it has no value as precedent, litigants continue to cite to the case, even as recently as 2007. See Sneed v. Chase Home Fin. LLC, 2007 U.S. Dist. LEXIS 46536, 2007 WL 1851674 (S.D. Cal. June 26, 2007).

source: http://64.233.169.104/search?q=cache...gl=us&ie=UTF-8

[Emphasis added]

The "true" 13th Amendment, aka Titles of Nobility Argument, is another loser. Someone tried it in federal court in Arizona and got this ruling:

In Campion v. Towns, No.CV-04-1516PHX-ROS, *2 n.1 (D. Ariz. 2005), a tax protester raised TONA as one of his defenses to a charge of tax evasion. The court replied that it would "correct any misunderstanding Plaintiff has concerning the text of the Thirteenth Amendment to the United States Constitution":

In his Complaint, Plaintiff includes a certified copy of the Thirteenth Amendment from the Colorado State Archives which was published in 1861. As included in that compilation, the Thirteenth Amendment would strip an individual of United States citizenship if they accept any title of nobility or honor. However, this is not the Thirteenth Amendment. The correct Thirteenth Amendment prohibits slavery. Although some people claim that state publication of the erroneous Thirteenth Amendment makes it valid, Article V of the Constitution does not so provide.

source: http://en.wikipedia.org/wiki/Titles_...lity_amendment

You're in Superior Court, not small claims. This is no time to play around. You need to hire a lawyer and make sure an answer is filed before you go into default, because getting a default judgment set aside can be a real pain. If you can't afford a lawyer, check with Legal Services in your area, they may be able to help you or refer you to someone who can for free or at reduced cost.

Good luck.

[trooper2ls]

Originally Posted by marie

Are there other options for the resolution of the SUMMONS? In other words, how may I best make the SUMMONS go away?

Depends on what the case is about.. Civil/Criminal. Unfortunatly if you have been served, then you need to provide a timely response. The only way to make it go away at this stage is either the plaintiff drops the case or the Judge throws it out based on your response.

..J

[marie]

As far as I can tell, this is a case in equity.

[ezrhythm]

Originally Posted by Lawdog

You have been taken in by some REALLY bad ideas. The "Refusal for Cause" myth refuses to die, but that's all it's good for.
More deceit from the anti sui juris.

You need to hire a lawyer...
This isn't a legal help forum, it's for those who are sui juris or seeking to become so.

Good luck.

If we relied on luck we would receive less of the Father's blessings. Luck is of the devil.

[trooper2ls]

Originally Posted by marie

As far as I can tell, this is a case in equity.

With the limited information you provided... as I stated before you will need to provide a timely response.

Attached is an example of how such a response might be constructed. I can only provide suggestions and templates for a response based on the facts that I know.. which are limited at this time.

If you wish to elaborate after reading the attached perhaps we can zero in on a course more specific to your situation.

Good luck.

..J

[marie]

Thank you trooper2ls. I am reading everything that you have provided. I appreciate your assistance.

[marie]

I have the details of the summons transposed into Word. It is three pages in length.

Is there a trick to uploading it?

I received an invalid file error message in the manage attachments feature.

I will send the information through the email associated with this forum if any one requests a copy.

Peace to all,
Linda Marie

[marie]

Is it possible that the summons I received is similiar to an information subpoena? The GENERAL ALLEGATIONS attached to the summons is curiously devoid of specific details other than what might be available from a credit reporting agency.

I corresponded with this BANK several years ago. I had requested proof of a contract in the form of a certified true and correct front and back copy, which I never received.

I did receive a rather questionable (mostly unreadable) copy of an application as proof of contract and a pile of statements, which (according to my understanding at the time) were not true bills in commerce. Am I correct in my perception?

I also never received any response from any living-soul that was willing to take fiduciary responsibility for the BANK.

I did continually request information via a notary public and the notary NEVER received an answer of any kind from the BANK as per my requests. If I remember correctly I spent at least 120 days giving the BANK an opportunity to respond.

If the notary requests were ignored and no response was ever received, wasn't the BANK in default from that time forward?

If I remember correctly I also sent a Notice of Default to the BANK via either registered or certified mail with certificate of mailing.

[Lawdog]

Originally Posted by marie

I did continually request information via a notary public and the notary NEVER received an answer of any kind from the BANK as per my requests. If I remember correctly I spent at least 120 days giving the BANK an opportunity to respond.

If the notary requests were ignored and no response was ever received, wasn't the BANK in default from that time forward?

If I remember correctly I also sent a Notice of Default to the BANK via either registered or certified mail with certificate of mailing.

Honey, a notary public is NOT an attorney, or a judge. There's no legal reason for them to respond to your "notarized requests." Do you know how easy it is to get a notary commission? In my state, basically anyone over the age of 18 who has no major criminal record, can read and write the English language, and can get two people to vouch for their good character, can get a notary commission. It doesn't take any special education at all.

ALL a notary can do is VERIFY THAT A PERSON WHO SIGNED A DOCUMENT WAS WHO THEY SAID THEY ARE. That means if the notary does not already know you personally, they should ask to see a driver's license, passport, or some other government issued ID with a picture on it. I'm a notary as well as an attorney, and that's how I do it.

A notarized document is simply prima facie evidence that the signer whose name appears on the document really was the person named. It's not conclusive evidence, of course...someone could show a notary a fake ID, or the notary could be in on the scam. But these people who say there's some "magic" in sending a "Notice of Demand" or whatever just because a notary witnessed your signature don't know what the hell they are talking about.

You can't put the bank in default. Only a court can do that.

If you don't owe this debt, talk to a debtor's rights attorney. They love to make creditors miserable. And you can probably find one who will take your case on contingency if you have good grounds for a counter-suit, which means you won't have to pay unless they win something for you.

Good luck.