Court tomorrow,+Aff.Denial of Corp.Exist.

This is what i am talking about.
I ask if anybody has actually done this with any success,yet nobody has apparently.
The debt is not legitimate,as it was charged off by the original creditor after 180 days.the people trying to sue me are 3rd party ,a collection agency that claims the debt is assigned to them.
yet i have never contracted with them.
I do not want to act like a fool if there is no merit in the Affidavit of Denial of Corporate existence.

[BOBT12]

Originally Posted by apatriot

This is what i am talking about.
I ask if anybody has actually done this with any success,yet nobody has apparently.
The debt is not legitimate,as it was charged off by the original creditor after 180 days.the people trying to sue me are 3rd party ,a collection agency that claims the debt is assigned to them.
yet i have never contracted with them.
I do not want to act like a fool if there is no merit in the Affidavit of Denial of Corporate existence.

Orignally posted by Judge Roy Bean
In all these cases, if the debt is really yours you're going to get stuck with a judgment in their favor. Unless you can prove the debt isn't valid it's a slam dunk.

Emphasis added.

I think that JRB is correct, that you likely need to request more time, if you can get it. In any event, try to keep the burden of proof on the dept collector.

You should send the dept collector a letter of Validation of Dept (VoD), if you have not already done so. I have had some success with this strategy. Check the download section for a VoD letter/template. Make the dept collector prove that you have a contract with them, or a valid assignment.

I hope this is of some help.

Bob

[masterduke]

In their crooked little world the purchase of the debt in question by the debt attorney is a valid transaction in the courts eyes. As the pig in the black robe told us in court a few months ago, "Its called capitalism, welcome to amerika". So getting more time to explore and learn is imperative. Motion the court for Discovery or you will be fried! You need to Move the court or the jerk debt attorney will. To Summary Judgement if he can get it!! Even though your the defendant you need to be on the offensive!! Move the court to make the plaintiff prove his claim.

[David Merrill]

You have been lacking proper perspective of the corporate tactical landscape. Read the thread US replaced by municipal corporation in 1871:

http://www.suijuris.net/forum/court/...on-1871-a.html

The only judicial remedy to be found is outside the scope of corporate policy - what JRB calls fantasyland etc. FRNs are bottomry, basically marine insurance issued by a non-federal foreign state called the Federal Reserve; a private bank of international character insuring debts all around the world through the valuation of the dollar domestic and foreign.

Typically a debt collector will have algorithms of risk management that dictate the moment a federal summons is served, dump the debt on these lesser debt collectors who will buy up the debt for pennies on the dollar. Then they turn around and pepper the old obligations through the mail and the checks come in. So typically one would get a call within a few days saying they have no record of any First Middle (true name). So you would ask about First Middle Last (the legal name on the obligation) and they say there is absolutely no record of that either.

Carry the cause Libel of Review, to fruition and publish the default judgment in the common law (county clerk and recorder) and serve that original and certified copies on the US court clerk. This is not expecting anything but what is lawfully due you, "exclusive original cognizance" of the United States through the district courts thereof. [You never expected to find a judge in the US courthouse, in fact there is verbiage stipulating only judges can touch the matter.]

Supposing the original creditor dumps the obligation on a lesser collector. Simply get a certified copy of the judgment from the US clerk and serve it on the lesser collector.


Regards,

David Merrill.

Apparently this was not an actual court hearing.
I went in and filed my Aff.of Denial of Corp.Exist.
Aty first the clerk stated she could not accept it for filing.
I got a little indignant and told her it was not an Answer to the Complaint,But a challenge to the Jurisdiction of the court.
She confered with another clerk and they both talked to the apparent head clerk who told them to accept it.
Once accepted she charged me $41.00FRN and stamped it and my two copies.
I then asked which court room to go to,and the clerk told me i did not have to appear.That my file would go to a Judge for review.
She then instructed me i had to meet with the attorney who represented the creditor.
I asked why i would have to meet thier attorney as i have no contract with that person,and the clerk agreed i did not have to meet with them.
She told me i could freely go and await a notice from the court.
The clerk told me she would make a copy of the Affidavit and give it to the attorney.
So,i waited outside thier conference room until the creditors attorney came out to explain to all the other people there for the same court,what they were there for.
I stopped her in mid sentance and offered her a notorized affidavit of denial of corporate existence,and in front of my witness the attorney refused it.
She stated the court could give her a copy.
We then left.

[David Merrill]

Refuse the notice for cause timely. And since the process is issued by you, not the court, serve the process on her by private process server. Supplement that proof of service with statements from the witnesses who saw her refuse it from you. [You are not over 18 and uninterested in the case.] Publish that proof of service at the county clerk and recorder. If you can afford the $5/per page publish your notice of non-corporation status, or whatever. If they wont let you do that through you county clerk and recorder, use a legal notification paper or just the mainstream press.

Since you are in Colorado state, there should be no problems with the clerk and recorder.


Regards,

David Merrill.

refuse notice for cause in a timely fashion.
You mean when they mail a notice,or when someone serves a notice?
They ask for my mailing address and i gave them a general delivery street address.
The clerk stated they would be mailing notice.
Is this proper,since no real appearance occured?
Is the notice of Non-corporate status the same as the Affidavit of denial of corporate existence?
Or is this another seperate notice?
I could not find a reference to it in a search or in the downloads.

[idknow]

Originally Posted by jerrypitts

The fervent prayers of a righteous man availeth much.

Jerry.

Jerry LOL, is that all you can say? LOL

[David Merrill]

Originally Posted by apatriot

refuse notice for cause in a timely fashion.
You mean when they mail a notice,or when someone serves a notice?

If you feel notified then it probably happened. I have instructed people to refuse for cause agent's business cards (under certain conditions).

They ask for my mailing address and i gave them a general delivery street address.

Good. But you need to check that daily now. The UCC defines the R4C to be timely within 72 hours. That is the codified Law Merchant and should be considered a reflection of proper common law. Three days is a reasonable amount of time to consider a contract and decide.

The clerk stated they would be mailing notice.
Is this proper,since no real appearance occured?

Is the notice of Non-corporate status the same as the Affidavit of denial of corporate existence?

Sorry about that. I couldn't remember what you were calling it. I decided to give it my best shot from the edit screen.

Or is this another seperate notice?
I could not find a reference to it in a search or in the downloads.

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