How to speak for your wife in court

He heh. My wife just got an inspection "citation". I am sending off the bill of particulars request, but wanted to know how to actually go and speak for her if it came to that.

She is due 7 days before the hearing, so that could be an excuse.

I am thinking that since the bible says that the man is the head of the household, that I can invoke that religious right to speak for my wife.

What say ye?

HB

[suijuris]

A guy named Justin Garrot (spelling?) reported success by handling affairs for his wife ine the following manner when she was sued by a credit card co.:

Both he and his wife were present at court.

When a question was directed toward her, he spoke.

When told to shut up, he stated that it was their firmly held religous belief that his wife was his property and she was to remain mute. I believe he also made an arguement or provided some cite that holds either spouse has the right to speak for each other since their financial destinys are intertwined.

When they ignored him and said none of that matters and to shut up, he got to the good stuff:

"Are you asking us to violate our firmly held religous beliefs and private agreements? If so, this just became a federal matter and we can take this matter up in federal court."

Now you have them tied up on two issues - religious beliefs and one's unlimited power to contract.

[iamfreeru2]

SJ,

I was just going to answer HB and noticed your post. I like what you have to say.

HB,

Follow what SJ has said here. I think he has this nailed.

iamfreeru2

[redpilltaker]

Hey iamfree!!

I had hoped that you would jump in on this one!

Do you have any other insights on this?

G.B.

RPT

[sadie]

HB

I believe you can have her do a POA for you to act for her in this matter.
I think I read of someone on this forum doing that for their daughter's or mother's case. Can't locate right now.

This is from USC tho we don't like to use code it may be helpful. You should do a search on this as I read it somewhere else and it appeared to have more paragraphs and may possibly only pertain to federal court.

TITLE XI. GENERAL PROVISIONS > Rule 81.
Next

Rule 81. - Attorneys
(8) Pro Se.
An individual may represent oneself or a member of one's immediate family as a party before the court. Any other party, however, must be represented by an attorney who is admitted to practice in this court. A corporation may only be represented by counsel. The terms counsel or attorney in these rules shall include pro se litigants.

Case sites you may try to use in a Judicial Notice.

Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425
Litigants can be assisted by unlicensed laymen during judicial proceedings.

Non-lawyers can assist or represent litigants in court.
JOHNSON V. AVERY, 89 S.Ct. 747

SJs advice may be the best. You could paint them into a corner.

Good luck.

interesting how corporations must be represented by counsel (of course this makes sense as they don't actually exist except on paper).

isn't the STRAWMAN a corp?

is the STRAWMAN considered part of one's immediate family?

food for thought methinks...

jon

[iamfreeru2]

Sadie,

You are correct in stating the cite you are using only pertains to federal court and cannot be used in State court, as you are speaking different jurisdictions. One must find a cite under State law, which I have not been able to find here in Florida. I would stick with what SJ has said above and come from that angle, which will make it a federal matter.

HB,

Another thing that needs to be mentioned is that if you have a Power of Attorney in Fact for the wife and have a UCC-1 and SA with her strawman as your debtor you should be able to speak on the wife's behalf with first hand knowledge of the facts. The court may not allow this, however, because you are not an attorney and it can be construed as practicing law without a license. The last thing you want is to be held in contempt and brought up on charges. The best thing of course is to have the wife up to speed so that she can speak for herself. Also pick your battles wisely.

NEVER admit to being the defendant(s). Always be in agreement upon proof of claim that, you, the flesh and blood man or woman are the one the citation was give to or that you have been sued. Always remember that you are not the strawman. Know who you are and do not argue.

iamfreeru2

[test]

I once read this:
http://www.ecclesia.org/truth/movement.html

Extract:

[Note to women: If you are a woman under the covering of a man, you may either use this section to reply to an officer, or you may simply do the following. Whenever the officer asks you a question, you may reply, "I am under the covering of my husband (father, brother, etc.). You will have to speak to him," to each and every question he asks, no matter what he asks you. If and when he asks where your man is, you may reply as our Lord did, "come and see" (John 1:38-39). If he wants to talk with him, he will have to follow you to get to your man. Make sure you do not give the impression that you are "refusing" to answer his questions, but that you cannot answer his questions because you are under the covering of your man, and he is your head. You may also say that you are commanded by your husband to remain silent, which removes the burden from yourself].

and in the Bouvier Law Dictionary this is what it says:

COVERTURE. The state or condition of a married woman.

2. During coverture, the being of the wife is civilly merged, for many purposes, into that of her hushand; she can, therefore, in general, make no contracts without his consent, express or implied. Com. Dig. Baron and Feme, W; Pleader, 2 A 1; 1 Ch. Pl. 19, 45; Litt. s. 28; Chit. Contr. 39; 1 Bouv. Inst. n. 276.

3. To this rule there are some exceptions: she may contract, when it is for her benefit, as to save her from starvation. Chit. Contr. 40.

4. In some cases, when coercion has been used by the hushand to induce her to commit crime, she is exempted from punishment. 1 Ha1e, P. C. 516; 1 Russ. Cr. 16.


Pretty much like the example mentioned above.

Now see, this is the way a thread should go.

THANK YOU ALL FOR YOUR INPUT!

It is all helpful and I will incorporate these ideas into our progression.

HB