Notary Protest & then Petition 4 Judicial Review

Hi there, fellow sovereigns…

We certainly pray that all is going well with you and yours.

I believe that I know how to execute the Notary Protest fairly well. In a couple of cases now (one for me) after having sent the (a) Notice of Dishonor, (b) the Notice of Fault, and (c) the Notice of Default, we are ready to petition the court for judicial review. It seems that if it is an IRS tax case the proper venue is a “U.S. District Court” or would it be the “District Court for the united States?” Perhaps even a “U.S. Court of Claims.” Do you have any thoughts on this?


For other cases say like, Mortgages, Vehicle Loans, Credit Cards and such, would the Petition be directed to Superior Court?

I believe I understood Winston say that all you are asking the court to do is to rule on the correctness of your procedure. Is that how you understand it? I presume that we are putting the documents in front of him/her that we used in the 3 step NP, a Notice of Dishonor with documents previously sent by the alleged “debtor,” a Notice of Fault, and lastly, a Notice of Default. Is there anything I have missed here?

Assuming everything meets muster, we are then asking the judge for an order certifying that our procedure was correctly executed, right? And if he/she grants us that order, we are to then take it to the Clerk for a Writ of Execution, right? Or, are there other docs we may ask the Clerk for in the different situations as described above to carry out the Order of the Court?

Now, armed with the appropriate document from the Court Clerk, do we get the Marshall or Sheriff to serve the plaintiff, or the mortgage lender as the case might be in order to get them to drop their claim or transfer the deed, as the case might be or what? Do we take that Writ or whatever to the DMV and get them to transfer Title or? And, do we notify the Credit Card company with a copy of the document and demand that they settle their bookkeeping or what?

Sorry to be such a pest with such a complex set of questions…it is just that I want to get this part right. There are a bunch of folks out there that seem to know the steps up to this point, but finding folks who have actually gotten through the Petition part is proving difficult.

Thanks,

Best wishes,

Freedom Fighter

[weishaupt1776]

Welcome to the forum FF.

The 3 most knowledgable people regarding NP's, CD's, etcc..
On this particular forum here at sj.net

Are vanton57, imfreeru2, and Jason Whitney

they have posted tons of stuff regarding this
use advanced search, put each name 1 at a time and enter "protest" as a keyword

Thank you...will do...

Peace,

FF

[seeker]

FF, If you can nail this down -- you have my undiverted attention! This seems to be exactly the spot we all come to -- the "Now What?" stage!!
I have been listening to Winston's tapes and Jack Smith who is also covering some similar stuff, and while they diverge slightly (Jack seems to be more of a "do this before X time", while Winston says "it's never too late") it seems the biggest issue is getting from your PRIVATE admin remedy INTO the PUBLIC so that it can be recognized( "seen" if you will), and accepted as evidence of agreement and settlement, WITHOUT you as the third party/secured party, entering into the court or "moving" the court to get this done. Fiduciary appointment seems to be a part of the puzzle here, as well as how it gets into the evidence file NOT just the record. I have read that the notary should send it, I have also seen that the fiduciary should be directed to do it, and that the judge should be "courtesy copied" of the Letter Rogatory appointing and directing the fiduciary to bring forth the agreement and settle and close the instant matter.

So let's get this thing hammered and nailed folks -- it will be a great leap forward once we understand an HAVE SUCCESS with it so we can post and in turn help others to understand and do the same!

Seeker

I need to know if one can create such EVIDENCE file, where, when, how..Lets say there is no case against you but you are expecting a legal attack....and you want to be ready with some evidence or facts in that so called EVIDENCE instrument...i wonder if possible. Something that might force them to recognize the facts presented in it...

First, thanks to seeker for your input...What I have done without a LR to the Judge (hadn't thought of that) is to take the original and copies of the Fiduciary appointment forms down to the court clerk and request that they be admitted into the evidence file in my case. One of the copies is sent to the respective Fid Creditor and Fid Debtor.
On an interesting note, the Plaintiff's atty sent me his submission to the court his motion for summary judgment and it may be that since we copied him on steps one, two (and now 3 as of 5/1/05) that this may have motivated him to try this tactic. I will be down to the court this morning (5/2/05) filing a Petition in Opposition to have his motion dismissed on several grounds, one of which will be that the case now has a Default Judgment (in estoppel) from a Notary, with the exhibit for the court to see and on the court's own motion, the case should be dismissed. Other grounds for dismissal include (a) that my Affidavit of Negative Averment has not been answered; (b) according to Georgia Commercial Code, Title 11-3603(b) my tender of payment was refused and the alleged debt was therefore discharged; (c) my appointment of the plaintiff's attorney as my Fiduciary Debtor was dishonored and the court should convene a "show cause" hearing as to why the plaintiff's atty should not be held in contempt for breach of Fiduciary duty as has been outlined in my subbission of my Amicus Curie. So, we'll see...I still intend to seek a Judicial Review on this case as well as one other that is related to the charges connected with the surgical procedure I had and will keep everyone posted as to how that goes.

As for Eureka, the question of the "Evidence File" is addressed by Winston in his recent "Solutions In Commerce" 7 DVD set. THere he instructs us on simply going down the federal court and telling the clerk that you wish to open one. Then, you will be able to file any documents your heart desires. For example, I was just informed by a Montana "resident" that they do not wish to record a UCC FS. Therefore, a Montana "person" could simply file their UCC FS into their federal jacket in their evidence file. Hope that helps.

[seeker]

Freedom;

Are you submitting these (motions) as a third party? If not, does "moving' the court give them Personal jurisdiction? That's what the judge in our case told us, even though we submitted the Notice Protest/Default and also said that it had been closed and settled by private admin process. Said we could not send something to the other party and take that as agreement simply b/c they did not answer. We asked for SJ because they had not answered -- trying to get the judge to acknowledge the estoppel. The opposing said that it was "negotiations' and they had a right to not accept -- if I would have been quicker, I could have brought in that they did not accept or reject, they were silent, hence by the terms of the CA, they were in default and estopped by such.
Lots wrong there, but we are seeking our remedy, that was denied to us.

What was the reaction to the appt of Fiduciary by the court? And the appointed?
This concept is fascinating and I am looking for actual use and reactions.

Thanks

Seeker

I am submitting my docs to the Court as "John Henry Doe" agent, lawful man, Creditor, injured third party intervenor.

Since there has been no hearing I cannot assess a reaction to the Fid Appts. I am including their dishonor in my Patition which I am drafting now. Need to get back.

See ya,

T

For your easy to follow on opening an evidence jackett. I am also getting Winston material.

Now, what you are saying...filing as a THIRD party, has a very sweet sound. Good you are giving us some of that honey

I hope someone can maybe help me. I have completed the notary protest. I mean i have sent the default, and dishonor and had the notary attempt to present the instrument then because he got no response after a certain amount of days he signed the non response and protest of commerical paper. That gave me the default of judgement in essence. Now my question is i have 3 cases that have a court date in September. How do i submitt all what i have done in regards to my notary protest to get the judge to sign off to show the notary process was done correctly. Which would then give me a judgement of estoppel.So i guess my question does anyone have a copy of an affidavit so i can submitt to the judge so he knows i am asking for him to sign off that the notary protest was done correctly so i can get a judgement of estoppel. Any help would be great..My email address is benzboyb@yahoo.com. Feel free to email me .