NEED HELP

[seeker]

Boy, I am with Jerseee and PRof Jim on this one -- the first judgment that we had against us by a CCC was vacated ON THEIR MOTION because of the violation of Due Process and failure to of proper summons service. WORD OF CAUTION!! If someone or even a certified, or registered, mail doc shows up at your door -- BE CAREFUL -- look up ALIAS SUMMONS in your Black's -- and be forwarned -- that's what bit us in the butt. I am giving you a heads up on this -- read it and understand it! Not sure if they go ahead with the judgment as the situation stands that the same vacation of judgment might happen -- but do not let them serve you with an ALIAS -- if they vacate it -- I wonder if there is a way to petition/notice the court to make it permanent -- Jerseee, Jim. Ice -- you guys know more about this than me -- I was just on the dirty end of the stick regarding the ALIAS -- the judgment was declare vacated -- if I had know to refuse the ALIAS or do something to block re-opening the damned thing!!!! For good measure, they served ALIAS SUMMONS on both accounts well after the first, to ensure that the tainted SUMMONS did not affect the other account (they showed one account as service for both -- court questioned, but the DA ran it through any way -- can you say law suit?)



Anyway, stay sharp. I definitely think you have options here at this stage of the game. Have you considered a notarial protest as a follow up for the VoD that you sent? This would give you independent third party validation of dishonor. Victoria-Joy (yeah, I know, she pushes the redemption thing heavy BUT -- she has some valid points about the LAW) ONe of which is the Power of the Notarial Protest. She also talks about the power of the notary seal as a "witness" -- I think, if you have the Certificate of Dishonor and the Notary Notes which document the process, you should be able to file it to the clerk of the court or to the county recorder to get public recognition of the debt and the attempt to satisfy -- "a payment tendered (offered?) and refused, discharges the debt" (UCC )

Lots of information here!!



Seeker

[dattwing]

Thank You Seeker for the heads up, I did some checking (my states civil procedure) and they use terms like "any party signing for summons" really vague. So, I then went to our university for the annotated, I found the headings "Summons to Corporations", "Summons to Townships" (and that was all there were), and the like but I couldn't find anything that I could use for the way they served me.



I would certainly do things different if I could, the request was sent before a full understanding of the process was had which caused quite a bit of oversight, I surely would get a notary involved if I were to do it again, at every level including the default. But as the old saying goes, hind sight is always 20/20.

[seeker]

some thoughts -- did you keep mailing receipts? I think you could complete the process - once started you can conclude, see it through to default. Ask for a continuance in court -- tell them you want to complete the discovery process -- then get the default, get some discovery -- and see what you find out. Lots you can ask. Email me privately if you need some help on that.



The best advice I can give you at this point, is .. act as a sovereign and maintain your composure. Not easy but necessary.



Seeker

[Jerseee]

dattwing,



If this were me, I would first focus on the answer--just as you are doing. Then I would do some heavy research on 'service'. this whole thing could be thrown out just on that alone if you can find something that sticks. Check the FRE and FRCP annotated here on the site for something lethal.

[dattwing]

Thank You Seeker,

The time for filing my answer expired; I did get it in though, my motion for a time extension was denied. I am learning alot by being forced into this situation, next time I'll use a notary to help me gather evidence.



Thank You also Jerseee,

I will study more on "service" and see if I can come up with something that will stick. It just irks me that they have no evidence of an indebtness, no evidence that I'm liable for any debt and no competent witness attesting to the validity.

[RICKY]

DATTWING,



IF YOU ARE IN THE SEATTLE AREA, SOUNDS LIKE YOU MIGHT BENEFIT FROM THE CORNFORTH SEMINAR ON VACATING JUDGMENTS ON OCTOBER 16 & 17.



RICKY

[dattwing]

Ricky,



Thank You, but I'm in Northwest Ohio, he came through Ohio in June, but we were celebrating my oldest son's birthday that weekend, so... I really would Love to go to one of his seminars though, maybe next time... I have watched his video downloads and gained quite a bit from those.