Thanks everyone! I appreciate all of the responses, however, it didn't matter since I was served with papers by the Constable (Citation In Tax Suit). Now I have 20 days to reply because I am "...
COMMANDED to
appear by
filing a written answer to Plaintiff's petition before the Honorable District Court."
OK! So now the rubber meets the road, and I have a few questions. I realize that all of this has been hashed-out before, but if some of you have time...it may be worth our effort for others, as well.
In Law, "
must" means "
may," and having my law dictionary handy,
www.jusbelli.com/Bouvier/bouvier1856idx.html, suspiciously, I looked up the argot meaning of "COMMANDED?"
COMMAND. This word has several meanings.
1. It signifies an
order; an apprentice is bound to obey the lawful command of his master; a constable may command rioters to keep the peace.
2. He who commands another to do an unlawful act, is accessary to it. 3 Inst. 51, 57; 2 Inst. 182; 1 Hayw.
3. Command is also equivalent to deputation or
voluntary substitution; as, when a master employs one to do a thing, he is said to have Commanded him to do it; and he is responsible accordingly. Story Ag. 454, note.
Appear - APPEARANCE, practice. Signifies the filing common or special bail to the action. 2. The appearance, with all other subsequent pleadings supposed to take place in court, should (in accordance with the ancient practice) purport to be in term time. It is to be observed, however, that though the proceedings are expressed as if occurring in term time, yet, in fact, much of the business is now done, in periods of vacation.
3. The
appearance of the parties is no longer (as formerly)
by the actual presence in court, either by themselves or their attorneys; but, it must be remembered, an appearance of this kind is still supposed, and exists in contemplation of law. The appearance is effected on the part of the defendant (when be is not arrested) by making certain formal entries in the proper office of the court, expressing his appearance; 5 Watts & Serg. 215; 1 Scam. R. 250; 2 Seam. R. 462; 6 Port. R. 352; 9 Port. R. 272; 6 Miss. R. 50; 7 Miss. R. 411; 17 Verm. 531; 2 Pike, R. 26; 6 Ala. R. 784; 3 Watts & Serg. 501; 8 Port. R. 442; or, in case of arrest, it may be considered as effected by giving bail to the action. On the part of the plaintiff no formality expressive of appearance is observed.
9. When an appearance is
lawfully entered by the defendant, both parties are
considered as being in court. lmp. Pr. 215. And if the defendant pleads to issue, defects of process are cured but not, if he demurs to the process, (I Lord Raym. 21,) or, according to the practice of some courts, appears de bene esse, or otherwise conditionally.
Written - WRITING. The act of forming by the hand, letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to convey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing is understood printing, and sometimes printing and writing mixed.
Could "written answer" also mean "writ in (or of) answer?"
WRIT, ORIGINAL, practice, English law. An original writ is a mandatory letter issuing out of the court of chancery under the great seal and in a king's name, directed to the sheriff of the county where the injury is alleged to have been committed, containing a summary statement of the cause of complaint, and requiring him in most cases, to command the defendant to
satisy the claim(see satisfaction, especially pertaining to mortgages); and, on his failure to comply, then to summon him to appear in one of the superior courts of common law, there to account for his non-compliance. In some cases, however, it omits the former alternative, and requires the sheriff simply to enforce the appearance. Steph. Pl. 5.
ANSWER, pleading in equity. A defence in writing made by a defendant, to the
charges contained in a
bill or information, filed by the plaintiff against him in a court of equity. The word answer involves a double sense; it is one thing when it simply replies to a question, another when it meets a charge; the answer in equity includes both senses, and may be divided into an examination and a defence. In that part which consists of an examination, a direct and full answer, or reply, must
in general be (not special) given to every question asked. In that part which consists of a defence, the defendant must state his, case distinctly; but is not required to give information respecting the proofs that are to maintain it. Gresl . Eq. Ev. 19.
2. As a defendant is called by a bill or information to make a discovery of the several charges it contains, he must do so, unless he is protected either by a
demurrer(...need to look further into this), a plea or disclaimer. It may be laid down as an invariable rule, that whatever part of a bill or information is not covered by one of these, must be defended by answer. Redesd. Tr. Ch. PI. 244.
So unless I am protected by a demurrer, plea, or disclaimer, I am commanded to appear (special or general appearance? ) by filing an answer, possibly by hand.
What's the best way to protect myself?
What about securing a land patent, and how?
Should I answer the property tax claim, as ordered to do so, or
should I use a negative averment?
What is an affidavit of negative averment by special visitation,
and how is it worded?
Am I there (on paper) to testify, and if not, for what, settlement and closure of the account? How is that worded?
Don't you have to have a UCC-1 filed first?
What other documents must be filed?
Where are they filed, and with whom?
Where do I obtain them?
I already downloaded the following forms: UCC-1, SF24, 25, 25a, 25b,
273, 274, & 275.
Jean Keating talks about using your AUTOTRIS #,
and the three digits on the back of your social security card.
I don't have three digits on the back of "my issued car."
How important is that?
Regarding BoE's: Which is better to use, Foreign or Int'l?
Is there a form for them, or some good example, and where?
Can this all be done in 20 days? (ha! ha!)
I realize these are a lot of questions, but any help in the matter would be appreciated.
216th District Court
