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

Well,i recieved a Complaint from a creditor with an assigned debt they are trying to collect.
My Court date is tomorrow.
I have completed 3 copies,hand written, of the Affidavit of Denial of Corporate Existence.
I am going to file one 30 minutes prior to the hearing.
this is apparently the first time anyone is going to be filing this in Colorado.
Anybody have any last minute opinions?

The fervent prayers of a righteous man availeth much.

Jerry.

The big question is: Should i even go?
I recieved the summons,but should i actually go,and if i do,does that give the judge jurisdiction over my human being?
I am in the process of preparing to file my UCC-1.
Should i not go and deal with the results later,which i am sure would be a judgement?
opinions would be appreciated.

[charlesa6]

Originally Posted by apatriot

The big question is: Should i even go?
I recieved the summons,but should i actually go,and if i do,does that give the judge jurisdiction over my human being?
I am in the process of preparing to file my UCC-1.
Should i not go and deal with the results later,which i am sure would be a judgement?

You just said the magic word. Base on your scenerio, missing the court date = judgement. To avoid the judgement, you have to be there. Do more research@ members download section.

[masterduke]

Motioning the court to Discovery would be an advisable approach. Even if the judge don't allow it. It now has become part of the case dockett and is a grounds for a later appeal. If you don't show then it is an instant summary Judgement and the weasel starts the 28 day count down to garnishment, levys, etc. Which means the slimeball attorney will present your bank with a notice of levy (the bank won't tell you this either) and on day 28 or what ever the time period alloted in your state, they will clean out your bank accounts and the bank will also skim a big fat "service fee" for participating in the legal robbery. Clean out your bank accounts and only keep money in your "Overdraft Protection, cause they can't touch that.Don't fall for that Patriot stuff!!! It is great in theory but is USELESS in court and that judge will scoff at your presentment. If you are unprepared, motion the court for an exstenstion of time. You must MOVE the Court! Create the Remedy to your liking as Winston would say. Being polite will get you farther in their little world than being a hard nose. They didn't tell you of the Prima Facie evidence that was created in the complaint by the complaint header or the numbered paragraphs alleging the complaint, so that jerk debt attorney has successfully shifted the burden of him proving the allegations to you the defendant to prove that you don't owe this creep (you have like 10 to 20 days to file a counterclaim when you are first served with complaint, thats were they get their Prima Facie Evidence from) thats how you were roped in. So the wheel is already turning, you need to figure out a way to give them a flat tire. Learn what you can at the law library as well as the resources here. Hope this has been of some help. Prayer is a good thing. But get to know how this ridiculus game is played by studying the laws. Just don't "help" the judge to gang bang you with the slimeball attorney! It is a tassled loafered snake pit

I was under the impression that the affidavit and announcment to the court of my Special appearance was all i should do.
Everything i have looked at here says the opposite of what you are saying i should do.(motioning the court to do anything?)
opinions would be appreciated.

[charlesa6]

Originally Posted by apatriot

I was under the impression that the affidavit and announcment to the court of my Special appearance was all i should do.
Everything i have looked at here says the opposite of what you are saying i should do.(motioning the court to do anything?)

Yep! Special appearance will be appropriate or personam true Special visitation.

Originally Posted by charlesa6

Yep! Special appearance will be appropriate or personam true Special visitation.

What should i expect to happen after i make my special appearance stating denial of corporate existence?
Will the robe behind the bench throw me out of court?
Ask me to leave,or ignore what i just stated?
How long do i wait for a response before i pick up my papers and walk out?
opinions would be appreciated.

Should i be looking for anything else to happen after this court proceeding?
I also checked out the attorney who filed the complaint.
She only has a P.O.box for communication,and when her phone number is called,the answer is:
If you are a defendant or the representative in a district court case i have filed for (XXXthe alleged creditor,a collection agency in New jersey),please call the collection agency.
There appears no real way to contact this attorney.
opinions would be appreciated.

[Judge Roy Bean]

Originally Posted by apatriot

What should i expect to happen after i make my special appearance stating denial of corporate existence?

If the judge has any patience, he or she may simply explain that what you've presented is irrelevant in the matter at hand. Unless you raise valid legal issues for the court to rule on, the plaintiff's attorney will proceed with presenting their case, i.e., evidence of the debt and the attempts to collect it. You will then have your opportunity to refute their claims, but only their claims, not the law behind them unless you can show that the debt is not yours.

Originally Posted by apatriot

Will the robe behind the bench throw me out of court?Ask me to leave....

Highly unlikely. If you are offensive enough or simply won't pay attention to the rules of order, you'll be warned at least once that you could be held in contempt. That can be costly in terms of fines or even some time in jail.

Originally Posted by apatriot

,....or ignore what i just stated?

Again, depending on the level of silliness you exhibit, the court may have some patience in explaining why your maneuvering in legal lalla land isn't relevant to the case. What you're dealing with is all too typical; bogus legal theory makes you appear to be nothing more than a deadbeat trying to get out of paying a debt.

Originally Posted by apatriot

How long do i wait for a response before i pick up my papers and walk out?
opinions would be appreciated.

You may not have the option to pick up your papers and walk out. If you carry this on too far, you could face contempt charges. You are who you are and all the UCC and corporate name stuff is old news to the courts. It's fantasy land nonsense that has been tried for years and it makes the plaintiff attorney's job way too easy.

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.

As always, this is not legal advice, but at this stage, proving it's not yours takes discovery - you'll have to motion the court to allow you some additional time to obtain facts and evidence that may be in your favor.