When working with Eddie there were two major problems. And some other minor ones too.
First though was that I was working through a paralegal. Not directly with Eddie. So there was something I do not feel he understood about the evidence repository. For instance when he was getting orders not to file any more Refusals for Cause, threatening contempt, I remarked to the paralegal, "That stack of papers must be more than an inch thick." He said it was about 14" tall. So Eddie was apparently using the repository for his entire business venture. Whereas most people Refuse for Cause maybe six or eight presentments a year.
But I learned something. You do not need to Refuse for Cause the entire document. Just three or five pages. Make it clear on the copy that you have abbreviated the document copy for filing convenience. Of course the entire document refused goes back to the presenter. But try to make the clerk's job easy and you might not come across the problems Eddie did.
The counterclaim is filed in the true name. Not the legal name and I think the Strawman stuff is misleading on that important point. So at filing the suitor is careful that the receipt has only the true name (first and middle). It will be in all upper case but that is just cash registers. The saving to suitors clause guarantees the "exclusive original cognizance" of the district courts. So on the occasions when the clerk returns R4Cs due to the case being dismissed I instruct the suitor to return it with a copy of the receipt. This reminds the clerk that there is a contract to open the evidence repository. The district courts start accepting and filing the Refusals for Cause after that.
A suitor broadcast this article today. It is a little disturbing but I think it only can apply to attorneys. People have access to the courts. Anyway, we will see with upcoming R4Cs and judgments. I doubt, like the article indicates that only attorneys can file suit in Denver.
http://www.rockymountainnews.com/drm...868477,00.html
Regards,
David Merrill.
P.S. Quoting from the Counterclaim:
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"...the United States, ... within their respective districts, as well as upon the high seas; (a) saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it; and shall also have exclusive original cognizance of all seizures on land,..." The First Judiciary Act; September 24, 1789; Chapter 20, page 77. The Constitution of the United States of America, Revised and Annotated - Analysis and Interpretation - 1982; Article III, §2, Cl. 1 Diversity of Citizenship, U.S. Government Printing Office document 99-16, p. 741.
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Petitioner
street address
Colorado Springs, Colorado.
[zip]
United States District Court Registered mail # RA XXX XXX XXX US for the District of Colorado
901 19th Street - A105
Denver, Colorado.
[80294]
Dear clerk;
Please file this refusal for cause in the case jacket of Article III case 03-XXXX. This is evidence if this presenter claims I have obligations to perform or makes false claims against me in the future. A copy of this instruction has been sent with the original refusal for cause back to the presenter in a timely fashion.
Certificate of Mailing
My signature below expresses that I have mailed a copy of the presentment, refused for cause with the original clerk instruction to the district court and the original presentment, refused for cause in red ink and a copy of this clerk instruction has been mailed registered mail as indicated back to the presenter within a few days of presentment.
_______example________________________
Petitioner
Presenter's nameRegistered mail # RA XXX XXX XXX US Address
Anywhere, State.
[presenter's code]
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