According to Truth; in pure theory and high idealism, one can simply write a letter of credit for a million dollars and publish it through the county clerk. Then you would bond your husband out with a Public Office Money Certificate drawn against that letter of credit.
Agreed.
I have been in the booking area and drafted against my letter of credit. I think they just threw it out. Even though I insisted it go into the paperwork.
However one time in a different situation, some kind of rent on work release from jail, they honored the certificates and waived the $35/week fees I was supposed to pay. Getting people to trace the letter to the Treasury by comptroller warrant or some other adjustment is the problem. The Freeman of Montana were finishing the process and people were getting the adjustments in FRNs but the feds put a stop to that. Governor Gilpin's drafts were successful. See the image at the bottom of the page:
http://forum.suijuris.net/showthread...4060#post34060
Finally I set up an account with the City of Colorado Springs and they cried "forgery". Apparently because the Certificates were approximately the size of checks. When the investigator inquired for my agreement these things looked like "valid" checks I informed him that any informed cashier would immediately see there was no bank or account number. Only the reference number on the letter of credit. There went the forgery charges - no intent.
It is nearly impossible to abate for misnomer from inside the jail. Especially if your husband is suffering the dichotomy of pseudonomania. [He does not know his true name from the pledged legal name -
debt action in assumpsit.] Sadly your problem is that you cannot scrape up the money to bond him out.
In avoidance one should get out of the concrete box first. Do not expect to get the bail back. That would have to be done after review of the attorney in the black robe appointed "judge" over the matter. He can only see the legal entity, not your husband the man. Read
Legal Identity; The Coming of Age of Public Law by Joseph Vining.
So the abatements are effective if you bond your husband out and are willing to forfeit bond money and impounded cars (no plates) etc. But you have a cause against you driven by corruption (ex-husband/dirty cop). So do not expect an abatement to hold. They will create jurisdiction.
In summary, albeit I have seen remedy applied correctly cure for other instances, I do not think my experience can be much help. I could draft remedy in the U.S. district court but the state feels competent even in spite of the Governors' Conference in 1933 and the Libel of Review is best kept a training tool to control contracts in your household in the future. It is not very effective against such a mess as you describe. I am sorry.
But there may be hope in motion to dismiss for lack of subject matter jurisdiction. Thing is your husband has to just leave the courtroom, coveralls and handcuffs, the moment the
judge admits he has no subject matter jurisdiction. One more word from your husband and he is curing jurisdiction again through accepting
benefit of discussion. The attorney in the black robe begins
charging for the courtroom time.
The Authority of Law by Charles Weisman is a good treatise on this procedure.
Suijuris is an amazing collection of talent. So listen carefully to the others. Maybe something effective will surface.
Regards,
David Merrill.