
04-17-2007, 03:04 AM
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Refusal for Cause followed by Notice of Trespass?
I sent the Judges order back, refusal for cause.. and filed a Notice to the Court about his recusal from my case..
The Notice raised.. jurisdiction, challenging the judge's authority to adjudicate, due process, failure to state a claim and void order issues as sufficient cause to refuse..
I was informed that serving the above notice on the receiver (appointed by the alleged order) still may not be enough to stop him?
I am confused.. as he is an officer of the court, was served the above and is noticed of the controversy. As an officer of the court is there an expectation implied.. Surely he should know about trespass and fraud upon the court.
I am not sure how a receiver must operate.. Is there a better way to Notice them?
Would a lease agreement with a tenant have a superior interest, and would it be something that a reciever upon notice would find difficult to deal with?
Would noticing my mortgage holder about the controversy, void order, possible trespass be effective..?
Opinions, thoughts, ideas? TIA..
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04-17-2007, 04:10 AM
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Defendant's attorney returned my Notice to the Court Refusal for Cause.. Her enclosed letter states.. I hereby reject your Notice to the Court Refusal For Cause dated April 2, 2007 as it does not comply with the Civil Practice Law and Rules of the State of New York. Her letter is dated April 5, 2007.. enveloped stamped April 6, 2007.
I timely refused for cause her letter of rejection.. and then filed my Notice to the Court-Refusal for Cause and it was accepted ..
though I didn't file the copy of her letter of rejection and my Affidavit of Service into the record yet.
Thank you David.
I'm in divorce litigation, and trying to learn on the fly.. Not a good place to be... better to have all the ducks in a row first.. unfortunately I'm trying to learn and work like many here..
Last edited by nydeemarie : 04-17-2007 at 04:21 AM.
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04-17-2007, 05:59 AM
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I found caselaw that states one can go to any court to vacate a void order.
What court would a tenant file claim in to secure his rights? and could the judge's order be vacated at the same time?
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04-17-2007, 07:20 AM
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Come and Get Some!
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Join Date: May 2005
Location: Colorado.
Posts: 6,148
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Quote:
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Originally Posted by nydeemarie
I found caselaw that states one can go to any court to vacate a void order.
What court would a tenant file claim in to secure his rights? and could the judge's order be vacated at the same time?
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That would be US district court. A Verified Statement of Right and Interest under Rule C. If you form a counterclaim that would be a Libel of Review. You would enter by true name and refer to the legal artifice as a vessel.
http://www.freedom-school.com/the-1994-ebsworth.pdf
Regards,
David Merrill.
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04-17-2007, 08:25 AM
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This could be in any of the lower district courts? Or is it immediately federal..?
Thanks again..
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04-17-2007, 09:10 AM
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Come and Get Some!
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Join Date: May 2005
Location: Colorado.
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Thanks for that link. Very useful.
Do not use the lower districts. Use the federal district court. These are agents of a foriegn principal - IMF is an organ of the UN.
The attached Libel of Review has an incorporated Verified Statement of Interest or Right.
Regards,
David Merrill.
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04-17-2007, 09:17 AM
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You heard my prayer... thank you.. 
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04-17-2007, 09:25 PM
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Waking Up
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Join Date: Oct 2004
Posts: 21
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Beside the format, the LOR looks verbatim to the one I printed from Ecclesia- how long ago was that- except for the VSR incorporation... And still all in accordance with this resurfaced WISWALL info...Sweet!
Makes me wanna quote the Supremes:
"The `right of a common law remedy,' so saved to suitors, does not ... include attempted changes by the States in the substantive admiralty law, but it does include [ALL MEANS?] other than proceedings in admiralty which may be employed to enforce the right or to redress the injury involved. It includes remedies in pais, as well as proceedings in court; judicial remedies conferred by statute, as well as those existing at the common law; remedies in equity, as well as those enforceable in a court of law." LEWIS V. LEWIS & CLARK MARINE, INC. (99-1331) 531 U.S. 438 (2001)
196 F.3d 900.
P.S. How'd you get the "SS" in Title 12 SS 411 to look like that? Fancy keyboard?
P.P.S. Reading 12 SS 411 makes me re-wonder about Bronson vs. Rhodes 74 US 229, 247, 19 L. Ed 141:
"Lawful money of the United States... does not include a currency which is not redeemable..."
Last edited by sucker4lush : 04-18-2007 at 06:33 PM.
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