Subpoenas

[jessye_1]

So if an officer comes to your door and asks for you but, has only your given name right and not your surname. I had an officer ask for Jessica Bassett, the Jessica is correct but the Basset is not, I know that if I open mail with Jessica Bassett on it I am commiting a crime so would excepting a subpoena with the wrong name be the same?

[Jerry Pitts]

Originally Posted by jessye_1

So if an officer comes to your door and asks for you but, has only your given name right and not your surname. I had an officer ask for Jessica Bassett, the Jessica is correct but the Basset is not, I know that if I open mail with Jessica Bassett on it I am commiting a crime so would excepting a subpoena with the wrong name be the same?

Check with the court requirements for your particular state. In some instances, a subpoena can be delivered to the official office or residence (regardless of who accepts the document) of the person named.

Now, IMHO. If the officer asked if you were 'Jessica Bassett' and the document read "Jessica Bassett Smith/Jones/Robinson (or whatever surname)" then your response could be considered wrongful IF the only name you know and use is "Jessica Bassett". Like I said before, check with your local requirements before making a final determination on such things.

On another note. You can always file, in the public record, an affidavit attesting to the fact that your name is "Jessica Bassett" and that you are not known by any other name; be sure to list the addy on the affidavit.

Jerry Carlos

[Akira-]

Originally Posted by jessye_1

So if an officer comes to your door and asks for you but, has only your given name right and not your surname. I had an officer ask for Jessica Bassett, the Jessica is correct but the Basset is not, I know that if I open mail with Jessica Bassett on it I am commiting a crime so would excepting a subpoena with the wrong name be the same?

In a word... yes.

If you accept the subpoena, you've bonded yourself with the corp / legal entity, and commited FRAUD ! Even if someone else accepts it FOR you. This is a great time to use Refusal for Cause / Fraud

If the service is civil, accepting any misnomer docs, is all they need for jurisdiction !! Then the burden of proof is on you to prove you aren't the misnomer (corp / legal entity)!

If the service is criminal (warrant), Don't expect the cops to listen. NCIC will give them a picture with the corp / legal entity's name, fraudulently identifying you as same. You will be arrested.

In criminal court, Use the "Best Evidence" rule, to kill their presumption, You are the supreme source for info about you. So, who are you? Make them prove the nexus.

Registering a defaulted upon affidavit (PJ challenge), as Jerry suggests, is deadly to their presumption, if you are out of jail, and can do it.

"impersonation of misnomer is fraud"

"accepting misnomers mail is mail fraud."

The courts commit mail fraud tens of thousands of times every day ! and the subpoena is just another example.

US Code, Title 18, section 1341 "CHAPTER 63 - MAIL FRAUD" "Frauds and swindles" states, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money property by means of false or fraudulent pretenses, representations, or promises,... obligation, security, or other article... for the.... or attempting to do so, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is the directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than $1,000.00 or imprisoned not more than five years, or both."

US Code, Title 18, sections 1342 "Fictitious name or address" states "Whoever, .... requests to be addressed by any fictitious, false, or assumed title, name, or address, or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined not more than $1,000.00 or imprisoned not more than five years, or both."