
12-19-2004, 08:46 AM
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Quote:
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Originally Posted by squirrel
Ensabahnur.
what method did you use ?
I'm not asking for legal advice nor do I expect you to give it.
But it sounds to me that you took care of it before you even made an appearance.
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I simply sent their original "Tickets", or "Contract offers" back cancelled. Since making a plea is one of the terms of accepting their offer to do business, I did not even do that. I simply wrote "I hereby refuse your offer of contract" across the paper diagonally in red marker, then "Authorized representative of with power of attorney In Fact, ALL RIGHTS RESERVED" signed and dated. Keep a photocopy, and send it certified mail to the clerk of the court, or anyone at the Courthouse. If they default convict you, sue the **** out of them, as you have the proof you never contracted with the court, so that is Fraud.
If they contact you again, I have a response letter I drafted that seems to have done the trick rather effectively. I hand delivered it to the "Director Summary Convictions Court", and she was NONE too happy about it, she simply walked away in a huff after stating "Fine, I'll add this to your file", then refused to answer any of my questions.
A Magistrate will not accept the paperwork, you will have to get someone in charge. This women knew exactly what I was doing. They tried to bluff me with legal opinion, and my response dealt with what I thought of their legal opinion. I believe it is all on a thread here somewhere. I'll see if I can do a search for it. Essentially, they begged me to come down and plea, since they had NO contract with me, they had NOTHING they could enforce on me....simple. Unless you want to go to court and have some fun, NEVER plea, NEVER show up for Court, NEVER accept their offers to do business.
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Last edited by EnSabahNur : 12-19-2004 at 08:49 AM.
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12-19-2004, 09:51 AM
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The Outta Commissiona
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Quote:
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Originally Posted by EnSabahNur
I hand delivered it to the "Director Summary Convictions Court"
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Is that the next higher court than the original one? I wonder what the American Equivalent of such a court is. I wonder if it's the circuit court.
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12-19-2004, 11:06 AM
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Quote:
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Originally Posted by weishaupt1776
Is that the next higher court than the original one? I wonder what the American Equivalent of such a court is. I wonder if it's the circuit court.
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Actually, turns out it was the 'title' of the woman in charge of the Courts, the 'Director'. It took me many phone calls and explaining what I was doing to get to the right person. My first meeting with her, she looked at the cancelled tickets and said "The magistrate's will not accept this because it is not normal procedure, but I'll take them." Note the lack of saying I was wrong, just not 'normal procedure'. She had asked me if I already sent copies of this a number of weeks back, to which I said "No, why?", and she responded "Oh, I had one like this on my desk a few weeks ago.' I started laughing because I knew it was one we had done for my brother. So it ended up on 'her' desk also.
Another thing that made me curious, was when I was being tossed around from person to person (pun intended) I finally got some woman, whom after I explained what I had done to the tickets and simply wanted to drop off the paperwork she exclaimed "Ohhhhhhhhhhhhhh, I know who you need to speak to."
Again, nobody ever argues anything, you can be completely honest with these people, actually I reccommend it, and they will direct you eventually to the right man/woman who can deal with it. There is no 'Grand Conspiracy' by ALL of these people, 99% just do not know what is going on. It's the `1% that do that you might have to watch out for, the elite, the esquires, the Oligarchs. ;)
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12-19-2004, 11:36 AM
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would the notice of the next court appearance constitute as a offer to contract ?
I have never recieved a " ticket " from the arresting officer.
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12-19-2004, 11:56 AM
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One more note.
how can you proove that you sent a certified letter with said cancled contacts to the usurpers ?
would it be wise to record said offer to contract with the canclation written on them with an affidavit stating the reasons for canclelation and then send it to them ?
the way I see it, they could say, we never got any "said cancled contracts" how could I proove different, a return reciept dont mean anything because it does not describe whats inside the letter.
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12-21-2004, 02:38 AM
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Ensabanur, do believe this will work in my case, I didn't get a ticket, my license is expired, and suspended. I received (after sending affidavits asking for proof of claims be satisfied) a threat letter from a lady from the court stating I would have a warrant for my arrest if I didn't show up. I haven't actually made a plea, this judge entered one for my under forced detention, and in my terms stated in the affidavit acted as my attorney without my consent, and entered a "not guilty" plea. I responded that I hadn't consulted anyone yet and wasn't actually doing a plea at that time. The only problem is there is a $500 bond to be returned as someone came up and bonded me out a few hours before the 72 hours was up. They also stole my friend's license plate off the car which has to be taken care of. They are now in default as the 10 business days are up!, but I want the bond money back.
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12-21-2004, 04:15 AM
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Quote:
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Originally Posted by lavender
Ensabanur, do believe this will work in my case, I didn't get a ticket, my license is expired, and suspended. I received (after sending affidavits asking for proof of claims be satisfied) a threat letter from a lady from the court stating I would have a warrant for my arrest if I didn't show up. I haven't actually made a plea, this judge entered one for my under forced detention, and in my terms stated in the affidavit acted as my attorney without my consent, and entered a "not guilty" plea. I responded that I hadn't consulted anyone yet and wasn't actually doing a plea at that time. The only problem is there is a $500 bond to be returned as someone came up and bonded me out a few hours before the 72 hours was up. They also stole my friend's license plate off the car which has to be taken care of. They are now in default as the 10 business days are up!, but I want the bond money back.
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They are bluffing you. If they could have arrested you, they would just do it. You can cancel their "Invitation to appear", as that is all their tickets ever are, or their "Summons". The first one is an invitation, if you do not respond or show up, the next one is NOT an invitation as you have dishonored their request and admitted to their being a contract.
Quote:
squirrel: One more note.
how can you proove that you sent a certified letter with said cancled contacts to the usurpers ?
would it be wise to record said offer to contract with the canclation written on them with an affidavit stating the reasons for canclelation and then send it to them ?
the way I see it, they could say, we never got any "said cancled contracts" how could I proove different, a return reciept dont mean anything because it does not describe whats inside the letter.
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When you go down to send it in registered mail, write the registered mail number on the top of the document, then photocopy it with the registered mail number on it already, and keep that copy. Since the Postal worker is the one sealing it and sending it, he is your witness, so get him to sign something attesting to that. If necessary, you can get it done up as an affidavit. But that is more than sufficient.
If they EVER proceed against someone after recieving the cancellation, they have no binding contract with you, you have the proof, and you can sue the **** out of them. I would think charge them also, Public Nuisance for sure since you refused their offer and they are still proceeding against you. If, as a contractor, I gave you a quote to build a house, you refused it, but I simply started anyuways and sent you the bill...would you pay it? And would you have recourse against me. They will have NO ground to stand on against you.
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12-21-2004, 04:48 AM
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Ensabahnur.
What would be the difference between registered and certified ?
And is there a responsability on their part to respond to said cancled contract ?
My other half bailed me out and I would'nt want the bail bondsmen to come after her for my failure to show up, not to mention another warrent to be issued for the same reason.
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Last edited by squirrel : 12-21-2004 at 03:10 PM.
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12-22-2004, 09:02 AM
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Quote:
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Originally Posted by squirrel
Ensabahnur.
What would be the difference between registered and certified ?
And is there a responsability on their part to respond to said cancled contract ?
My other half bailed me out and I would'nt want the bail bondsmen to come after her for my failure to show up, not to mention another warrent to be issued for the same reason.
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Once again, and this is my opinion, if they do contact you again on the matter it will be an attempt to trick you into contracting with them again. Refuse ALL offers. Refute existing contracts of servitude, since you had no idea you entered into a contract with them, you obviously did not understand the terms, or see the contract, or have it explained to you, so it is NOT a contract at all. But you MUST refute it, otherwise ytou must be okay with it.
I would say, again my opinion, go to the next court date and ask (before anything starts, just ask the judge if he would answer a few questions as you are confused) and don't file any motions or any of that other ****. Simply say "Your honor, I just have a few questions before we proceed as I'm a little confused." wait for him to tell you to go ahead, then ask "Have I inadvertantly entered into a contract with this court, and if so may I see that contract and have the terms of it explained to me."
And then maybe have some fun with him, and use some of the questioning on another thread here somewhere. Ask:
"Do I have the right to a fair trial." (on another thread)
"Do I have the right to a meaningful trial, meaning if I do not understand something it will be explained to me" (on another thread)
"Whom do you represent" (also on the other thread, and if necessary continue)
"Have I inadvertantly entered into a contract with this court, and if so may I see that contract and have the terms of it explained to me."
I would also take down an affidavit refutting any assumed contracts of servitude, or anything being held-in-due-course. Also declaring sui-juris status, and RESERVATION OF ALL RIGHTS.
Any one of these should bring everything to an immediate halt, as they cannot assume **** anymore, and have NO binding contracts since you have just told them none exist, and they cannot prove any do.
Things, if you actually show up for court instead of cancelling offers, should NEVER proceed beyond this point even at the first trial date.
I have some ID, I think I sent it to gregtu, non-government issue that addresses everything I have said here, and it might be as easy as showing that to the judge at the outset. Email if you want it. It is not ID, actually, as only legal fictions can be "Identified", and real people can be introduced. It is called an "Express Introduction". In other words "Here your honor, allow me to introduce myself."
That is my two cents. ;)
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12-22-2004, 09:59 AM
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Ensabahnur.
I sent those offers of contract back today with the words " I hereby refuse your offer to contract ect: diagonally" sent them certified mail with a Notary Public as a witness on a certificate of posting I created using word program. Also put certified mail #'s on said canceled offers to contract and made copies for myself. I sent them to the court administrator. whacha think ?
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