
06-01-2004, 11:55 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Please Help!
Look at your state's laws, in the South Carolina constitution, it says nobody shall be imprisoned for any debt.
Also look for anything on imprisonment without bail. And what about a trial, more specificly, a trial by jury!?
What is going on here with this child support enforcement is a sickening travesty, I could vomit.
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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06-01-2004, 12:10 PM
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Please Help!
Quote:
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Originally Posted by Jerseee
summer69,
I believe a writ of habeas corpus would solve this problem. Private message Kgod and explain this to him. Also let him know that I referred you to him.
He went through a similar situation and did a writ and was released. The wording scared the bejesus out of the prosecution.
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Thanks Jerseee. I will do this
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06-01-2004, 12:15 PM
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Please Help!
Quote:
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Originally Posted by SuiJuris
Look at your state's laws, in the South Carolina constitution, it says nobody shall be imprisoned for any debt.
Also look for anything on imprisonment without bail. And what about a trial, more specificly, a trial by jury!?
What is going on here with this child support enforcement is a sickening travesty, I could vomit.
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Technically, he is being held for criminal contempt of court. The sheriff claims that there was a hearing in March, but my husband was neither served nor did he appear. According to the sheriff, in cases of child support, they can jail him even if he is not served.
It is rather sickening considering that the mother of this child probably has 5 times what we have.
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06-01-2004, 12:25 PM
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Please Help!
Dear Group,
Hello. First Post here, thank you for having me.
I am using Victoria's material, moving by Private Letter Rogatory - since all of the matching programs including the child support is a "libelous instrument, a debt" in commerce and we have seen no evidence to demonstrate that a commercial mistake cannot be corrected at any time. I have some of the letters. If you wish to email me at: c.smith@artaftermidnight.com I will send what I have done. TRUE, if the arrestee was "booked" he can correct the RECORD on the private side of the court, and remember that a void judment can be attacked at any time. When the sheriff or other serving party attempts to use a judgment for prospective relief - "restraint" - and, here, no relief can be granted because by jailing him, he will only be that much further in debt, serving as double jeopardy, not serve the children in any way, and, therefore, the "court" is not only putting the father's livelihood at risk but also making it impossible for him to find a way to get "caught up". This will serve as the proof of the substantial irreparable harm. It is basically entrapment. A writ of error and the habeas corpus is a good idea. An emergency writ of prohibition / habeas corpus by special or restricted appearance and for only challenging jurisdiction and setting an ex parte hearing on the matter in the District Court might very well release him. Remember all seizures of persons and property are executed pursuant to State Law. The fact that two states are involved actually help you in this situation. It is the FEDERAL UCCJA that is the matching program involved in sharing the confidential commercial information, and, indeed, it can be challenged at any time, especially where the information they are relying upon is causing the double-MULTIPLE-jeopardy and irreparable harm. See Title 5 ยง552. Anyone can do this for him. Support it by Affidavit - Declaration - NEGATIVE averments. "I have seen no evidence to demonstrate that:__________________". Peace, Cindy
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06-01-2004, 12:56 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: South Carolina
Posts: 1,511
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Please Help!
If you want to share your docs publicly, you can upload them here: UPLOAD FILE
Of course if they are private or you are not comfortable with that, it is up to you.
__________________
When a statute, code, or court holding changes tomorrow, does reality change? Does truth change? Does right and wrong change?
If so, there are no absolutes, and the only logical conclusion is that reality, truth, and right and wrong are determined arbitrarily on a daily basis by those with the most power, guns, and money, and the rest of us can choose to run, fight, or be their slaves.
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06-01-2004, 01:15 PM
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Please Help!
Quote:
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Originally Posted by SuiJuris
If you want to share your docs publicly, you can upload them here: UPLOAD FILE
Of course if they are private or you are not comfortable with that, it is up to you.
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I will have to talk to Paul about that and I will not be able to do that until tomorrow. They are not online, someone sent them in the mail, so I would have to type 14 pages of docs. Which I could do.
Someone Paul has been corresponding with said that agency may have him sign a promise to pay and he could sign without prejudice and be released. However, I won't know anything until tomorrow.
Most of my confusion at this point stems from the fact that there are so many people involved with this case, that I don't know who to serve. There is also info that I would need to obtain from the jail.
Thanks
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06-01-2004, 01:18 PM
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Please Help!
I think my biggest question here is "Who is the petitioner?" Is it the mother of the child, or CSEA? If it is the CSEA, from which state?
Thanks again everyone
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06-01-2004, 03:16 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Please Help!
Serve them all!!! Attack them all. Get Paul out!!! And while you are doing that--start organizing a lawsuit party!!!
Attack them all.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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06-01-2004, 07:58 PM
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Please Help!
Summer, it was I who sent those documents to Paul quite some time ago.
In your private email there is a revised edition about 5 pages or so.
Mail the doc's directly to Paul at the jail.
The intake will open his mail... read the doc's, then he will be released shortly thereafter.
They certainly wouldn't want those doc's registered in their system.
It is really kinda neat, all who utilize the doc's on the outside stay outside, and the one's who utilize the doc's on the inside come out... go figure?
Kindest regards...
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06-01-2004, 08:29 PM
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Please Help!
Quote:
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Originally Posted by wargames102
Summer, it was I who sent those documents to Paul quite some time ago.
In your private email there is a revised edition about 5 pages or so.
Mail the doc's directly to Paul at the jail.
The intake will open his mail... read the doc's, then he will be released shortly thereafter.
They certainly wouldn't want those doc's registered in their system.
It is really kinda neat, all who utilize the doc's on the outside stay outside, and the one's who utilize the doc's on the inside come out... go figure?
Kindest regards...
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Thank you wargames. Do I need to tailor the documents for the State of North Carolina, or can I send them as is? It would probably take me quite some time to find the corresponding North Carolina statutes, and I would like to get this done asap!
Thanks again
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