vacating a void judgment

[sadie]

Jim

What ever happened with your petition to vacate and your challenge?

Any ideas what I can do now?

Petition to vacate denied by original judge and more attys fees tacked on original judgment.

Also $1000 sanction for bringing this frivoulous petition to be paid to attys within 90 days or face contempt of court.

They also took $500.00 from my bank acct. as it is deemed to be joint and that portion was cash that I had no proof was mine not husbands.

I am totally drowning with this.

Anybody else have any ideas?

And they wonder why people go postal!!!!

first mistake u may have made: always bring a petition under your first amendment right to redress, that way they cannot sanction u, they cannot sanction that right. second mistake u may have made: never, ever, ever, ever ask a judge to rule on a controversy, get your judgment in the private FIRST, and bring a amended complaint into the public court and try to get a default judgment in the public record.

[iamfreeru2]

I know there are people on this site that think very highly of Richard Cornforth and his methods. I do not believe his methods work as well as people would have you believe. He has also declared war on some people I highly respect. He has said that those people are getting other people in trouble. I have seen people getting hurt more with his stuff than I have from others. I have said from day one since being on this site that we do not have common law in the courts. We have not had for some time now. If you are going to use the courts you must learn how to go into the courts using Admiralty jurisdiction or stay out of them. I do not know how to do this myself, but am researching it.

Remember the courts and the judges make the rules and it is their sandbox. I Know there others that disagree with me on that as well. However, where are you going to get the VOID judgment? Right back into the court that gave the judgment to begin with. Do you really think they will void their own judgment? If the one that had the judgment rendered against them did not know how to rebut the presumptions and assumptions (obviously, I did not do well in their court either and that is why I stay out if at all possible) to begin with that led to the judgment, what makes you think they will allow you to have the judgment voided. Think about it. You are trying to use a corrupt system to right a wrong that they knew was taking place and condone. These people are not stupid. They know full well what they are doing and it is all about power.

iamfreeru2

exactly imafree, why would a judge vacate HIS OWN ORDER? i asked Richard Cornforth that myself last year and he didnt have anything to say other than i was right. anybody that tells u to learn the law to beat the system is sending u on a losing cause, thats why we have the freedom movements in the first place. we wanted to know why we would bring in a picture of a blue car, petition the judge to say the car is blue, and he says we didnt state a claim for which relief can be granted????????? to me, their laws are good for one thing only, and thats as reference material to throw back in their face when u r making a point, other than that, why should a judge care about ruling against you? how u gonna make him do right using THEIR system?

[Akira]

Originally Posted by kgod999

get your judgment in the private FIRST, and bring a amended complaint into the public court and try to get a default judgment in the public record.

Can you be more specific? Are you speaking of the affidavit / default process... or can you offer specific steps?

I'm preparing void judgement paperwork now... if peeps are having problems, I sure would like to know more before I jump in.

As expected, a direct attack doesn't work. I have heard arguements that a direct attack is an essential first step, some say it isn't...

What say you all?

Has anyone here tried a collateral attack?

For HIS Glory,
Akira

[Libertarian]

Do Cornforth's methods work? For him?

http://64.233.167.104/search?q=cache...judgment&hl=en

what i mean is get rid of the controversy between yourself and the other party by whatever means necessary:contract, affidavit default, true bill, it doesnt matter about the form, its the substance of what u r doing. court is for controversy, period. if there is no controversy, the judge doesnt have discretion. i keep telling people that acceptance for value is just another form of contracting with them and getting rid of a controversy. there is no ONE WAY of doing this stuff. we can use their procedures and laws as a reference point, but, remember, a sovereign is the king and tells them what the law is, period. stop thinking we are making mistakes or dont have the remedy, there is no ONE REMEDY.

[sadie]

kgod999

We have publically recorded defaults against the Bank and the Attys. They were all part of the original First Amendment petition for redress we filed in response to the Bank Complaint against us on CC debt.

I know we made lots of mistakes at the hearing.
At the original hearing the judge ignored the petition and the demand for a common law jury. And she was given judicial notice of my husbands status as sui juris and her duty to protect his rights under her oath.

She ignored everything, didn't explain to my husband anything about what he would have to do. She accepted a copy of a CC statement that didn't even have an address on it as evidence of the debt. Didn't allow my husband to object as it was" not your turn", accepted a bogus affidavit from a flunky supposedly at the bank verifying the account, without that person there to be cross-examined.(That person was not a party to nor a witness to any contract or agreement) Accepted testimony from the atty. The Complaint was never signed by a person from the bank only the atty.

According to MS Law they can't even bring this action without a signed contract for the debt. No Testimony from a witness for the bank. She steamrolled him and awarded summary judgment for the plaintiff. The atty. claimed he was an internet monetary protestor and she gave the judge one of our documents (minus 2 pages) we sent to the bank for verification that was altered by the bank and stamped MONETARY PROTEST (as if we sent it that way) "I heard enough judgment for the plaintiff".

The court rules say you have to file to vacate with the original court. What a sham. The judge broke all kinds of rules and laws and stomped on his rights.

The petition to vacate hearing was just as bad.( see post under court - do conforth's methods work)
Of course she is not going to vacate her own judgment - DUH. What a set up they have. How can you be sanctioned for filing a petition that you have a right to file? (claims it's frivoulous)

Now I don't know what to do.
Do I have to file an appeal or do I file another petition to vacate and collateral attack?
Do I file this as my appeal?
Do I only have 10 days to do this? Do I ask for a jury trial or is this only a review of the record?
Is it a review of the evidence in the file or a review of the judge and procedure?

I keep reading the court rules and can't get it. They talk about all of this and in one sentence say there is no jury trial available then further down talk about when it is a jury trial. They have so many rules. Rules of Civil Procedure, Uniform Rules of the County Court, Uniform rules of the Circuit Court and the Supreme court, Then they have local rules of court. They have rules under the Mississippi Code of 1972. I'm getting dizzy.

Thanks for your help and reponse.

Libertarian - Thanks for the link very interesting read.

Akira - check the rules (all million of them) In the Miss. RCP I had to file the original petition as direct attack. I pretty much expected to lose but I didn't expect a sanction for filing the petition. (Contempt of court here is 6 months in jail) I can see from your posts you would be much better in the courtroom than we are but be prepared to lose the direct attack.

Has anyone been through this? Anyone done an appeal or collateral attack?

[sadie]

iamfree2 & kgod999

Thanks for the response. There are some cases where judgment is vacated but you are right, the original judge isn't going to do it. Just another sham to beef up atty fees and court costs. I have been searching for vacated cases on the net trying to analyze steps they went through and how were determined.

I have publically recorded common law defaults on all my CC accounts and on some collectors and debt attys. How are you getting them recognized and defaulted in court?

In the million court rules here it seems I still have to file a complaint and the bank still gets to respond. What would be the point of me inviting the bank to come to court and stomp on me? Maybe in other states it is easier to do?

[weishaupt1776]

Originally Posted by Libertarian

Do Cornforth's methods work? For him?

http://64.233.167.104/search?q=cache...judgment&hl=en

Was there an injured party? Was rhis case related to his othher instructionals in which no injured party is involved?