Totaly Lost Going To Jail

[D.Dog]

Hi All.

Due to letter I recieved last night I have been reading steadily and heavely all I can about any defenses I might have against the Fl Dept of Rev and Child support enforcement. I love my boys and send what I can and see them not as much as I would like.
I have fallen a bit behind but not for lack of want. I believe my sons deserve any financial help I can give however this letter is demanding my appearance in court on the 29th of August about the arrearages. Fortunatly my ex- wife is not mean and nasty nor does she even call them as she knows I am doing the best I know how. She will not though take any action to remove the State from this matter. A phone call is all it takes for me to see my boys whenever I want and I consider myself lucky on that point.

In the past, twice before in the last 7 years, when I go to thier court they set me up for a purge usually after getting attacked by 4 to 5 women The judge. case workers, Attorney for the court and one gigantic S.O.B with a costume, gun and badge. He told me to shut up and sit down after I was asked a question and I responded By standing and raising my voice. My mistake NEVER ARGUE, in any case both times I had to sign some papers and agree to have certain amount of money by a certain time.

Until recently I never realized those papers I signed that I was agreeing that I willfully did not make the payments and entered into new contracts with them.

This time I already know and am prepared to just go to jail cause i will not sign anymore contracts with them. Admitting something that is not true. They will make threats against My Dl and going to jail.

I am still not sure how to use my soveriengty when the Judge starts to ask me questions

I can't ask if their is evidence of a complaing party cause they are it on behalf of my Ex. Also they will say it is civil and does not apply but the letter threatens criminal prosecution if I don't go or if I don't sign

I did not perform on the other cantracts so I am screwed there unless I can figure out a away to remove myself.

I can't ask for a remedey for which relief can be granted cause they state there is... PAY UP.

Guys I am so lost and confused cause I am still new and just have no clue how or what order I should file any papers or which ones for that matter.

I will be wearing a watch with an MP3 recorder init though so I can share with you all and we can disect it and maybe figure outwhat not to do.

I will keep reading and educating myself but i sure could use the help of my brothers and sisters here at Suir Juris.

Thanks for any replies.

Darrin
D.Dog

[Skeptic]

In the past, twice before in the last 7 years, when I go to thier court they set me up for a purge usually after getting attacked by 4 to 5 women The judge.

If I may ask, where was your attorney during the trial you were in?

[David Merrill]

This time I already know and am prepared to just go to jail cause i will not sign anymore contracts with them. Admitting something that is not true.

Simply adjust the payment amounts. If you refuse to contract they will call that contempt.

In other words since you are willing to just lie down and go to jail, agree verbally to whatever the attorney in the black robe says. Then they will draw up the contract. Read it carefully and cross out "$430 dollars per month" and put in "$150 dollars per month"; something that will not get you into arrears in the future. Or even "$40 per month". Whatever.

Strike through agreements you do not like. As you say, these are new contracts. They will assert that what they say is the law (what you agreed to verbally is law). If that were so, then why would they be having you sign the contract?

I am certain that they will take you back before the "Judge" because you are being a pain. So just agree again to whatever and then when they put that contract in front of you alter and strike through offensive verbiage. The point really being that you are being badgered into a contract that you do not like the terms of and that is basically unfair.

I am giving you this advice as an alternative to just getting carted off to jail for contempt. You may as well expose your "contempt" as contempt toward being railroaded into unconscionable contracts. That is actually their contempt toward the longstanding terms, customs and usages of commercial contract law.


Regards,

David Merrill.

Please define... Siur juris?

[D.Dog]

Originally Posted by Skeptic

In the past, twice before in the last 7 years, when I go to thier court they set me up for a purge usually after getting attacked by 4 to 5 women The judge.

If I may ask, where was your attorney during the trial you were in?

Ther wasn't one.
And when they threatened me the 2 nd time with criminal charges i asked them for one and the answer was i don't get that service.

The hearings or trials are very non formal in appearance but still have the same effect...STRIP YOU OF ANY OR ALL OF YOUR RIGHTS...there is no bench
no person in a black robe just people in jeans and whatever for top dressing.

We are all stuffed into a tiny room with a conference table and microphones.

Iam not in any way willing to just lie down but lets be real, they are going to put me there unless I have a strategy for exposure.

They will call it civil and turn it criminal over contempt. I have started on a writ of Habeas Corpus still not sure how to use it.


I am in no way in agreement with what they do. And the I really do not want to go jail. I just have a feeing when I start to ask questions and I refuse any o offer to contract they will be quick to expose themselves and try to force me with threats of violence and a cage and will act on those threats. I happen to have a Class A CDL license and need it for work.

So thier attitude is just put that S.O.B out of work.

Again I am asking with mercy lets not make this a theoretical debate I need to use thier own laws against them If I am able too.

My sons need me here working not in jail where ther is no hope for payment for however long they decide to keep me.
I will not submitt, they do not have my permission to do what ever they like. I just don.t know how to effectivley get them at thier own game. I have every intent to continue in the finacial resposibilty as well as social to my sons they are good boys and deserve my full support. Just not to the point where I am in poverty and can't help at all or a Cage for humans

D.dog

[D.Dog]

Originally Posted by wargames102

Please define... Siur juris?

And knowing that does not stop the bueracasy or thier abilities.

It only shows that we, and I mean alot of We' s that we are MAD AS HELL AND WE ARE NOT GOING TO TAKE IT ANYMORE!!!!

[swguitar]

there are several posts on this site to help u ,, remember its all about contracts and total disclosure in good full faith

[BOBT12]

Originally Posted by D.Dog

Hi All.

Due to letter I recieved last night I have been reading steadily and heavely all I can about any defenses I might have against the Fl Dept of Rev and Child support enforcement. I love my boys and send what I can and see them not as much as I would like.
I have fallen a bit behind but not for lack of want. I believe my sons deserve any financial help I can give however this letter is demanding my appearance in court on the 29th of August about the arrearages. Fortunatly my ex- wife is not mean and nasty nor does she even call them as she knows I am doing the best I know how. She will not though take any action to remove the State from this matter [Did she sign an affidavit, see below]. A phone call is all it takes for me to see my boys whenever I want and I consider myself lucky on that point.

In the past, twice before in the last 7 years, when I go to thier court they set me up for a purge usually after getting attacked by 4 to 5 women The judge. case workers, Attorney for the court and one gigantic S.O.B with a costume, gun and badge. He told me to shut up and sit down after I was asked a question and I responded By standing and raising my voice. My mistake NEVER ARGUE, in any case both times I had to sign some papers and agree to have certain amount of money by a certain time.

Until recently I never realized those papers I signed that I was agreeing that I willfully did not make the payments and entered into new contracts with them.

This time I already know and am prepared to just go to jail cause i will not sign anymore contracts with them. Admitting something that is not true. They will make threats against My Dl and going to jail.

I am still not sure how to use my soveriengty when the Judge starts to ask me questions

I can't ask if their is evidence of a complaing party cause they are it on behalf of my Ex. Also they will say it is civil and does not apply but the letter threatens criminal prosecution if I don't go or if I don't sign

I did not perform on the other cantracts so I am screwed there unless I can figure out a away to remove myself.

I can't ask for a remedey for which relief can be granted cause they state there is... PAY UP.

Guys I am so lost and confused cause I am still new and just have no clue how or what order I should file any papers or which ones for that matter.

I will be wearing a watch with an MP3 recorder init though so I can share with you all and we can disect it and maybe figure outwhat not to do.

I will keep reading and educating myself but i sure could use the help of my brothers and sisters here at Suir Juris.

Thanks for any replies.

Darrin
D.Dog

emphasis added.

If your wife did not sign an affidavit against you, who is the moving party, what is there interest in the case, are they in court to testfy against you? The court cannot move without a complaining party. If there is no moving party, there is no "subject matter jurisdiction (SMJ)", the case must be dismissed. You may need to move for a dismissal.

If you are at a informal hearing. You must raise the issue of jurisdiction. Do not discuss any other matter until the jurisdiction issue is heard. At this point the matter should be taken before the judge. Raise the SMJ issue, and move the court to dismiss the case. Why go to jail for nothing! Don't sign your life away!

If you feel that it is better to sign, than you may want to consider signing under TDC. If you are forced to sign something, against your "free will", it is slavery. The judge has no right to put you in jail for not signing a bad agreement. However, you must be the one to decide to defend your "Rights". It seems that David Merrill has suggested a good fall back position. Of course, they may decide to put you in jail for modifying the their holy document. As you can see, almost anything that you sign will, sooner or later, put you in jail.

If the judge ruled against you there is no need for you to sign the order.

Get the Rules of Civil, Criminal, Judical Precedure for your state. Get a copy of your states Constitution from your Secretary of State, ASAP. You must respond very quickly (10 days?)to family court issues. The state seems to want to put men in jail.

http://www.gouldlaw.com/

Remember, this is not legal advice, however, it is lawful information.

[David Merrill]

The judge has no right to put you in jail for not signing a bad agreement. However, you must be the one to decide to defend your "Rights". It seems that David Merrill has suggested a good fall back position.

I think you are already in that fall back position. Keep negotiating; negotiating. They cannot accuse you of being obstinant if you just keep negotiating. You are there to contract and they are there to make that process look like law. Like you have no ability to negotiate a reasonable deal. Protect your fiduciary position of responsibility - meaning protect your job. They cannot possibly have the motive to have you fired; then you cannot support your sons at all. Fiduciary responsibility covers all and is a prime leverage position. [In fact they are trying to keep jails operating at above 110% filled for profit. But you should try to get that on the record if you are on the way there. If they are actually threatening to have you fired, that may get you leverage. Consider hiring a transcriber for the hearing - become the court of record.]

Go over your details with them and then they will probably get you to agree to pay about 200% of what you can afford. Then when they present the contract agreement, strike it down to about 50%. Then the whole thing starts over and they draw up a contract for about 150%; strike it down to about 60%...

I would suggest abating the nuisance for misnomer but you need to protect your legal name for commerce. If you abate for lack of subject matter jurisdiction they will likely just move for a "judicial" hearing before an attorney in a black robe. At that time they will present a charge. That charge will not have an enacting clause on its face. Read your local State constitution for the stipulation all laws will have an enacting clause. You will be charged with breaking a non-law. That is want of subject matter jurisdiction.

Find Article V; Section 18;
http://www.sos.state.co.us/pubs/elec...2001_const.pdf

Section 18. Enacting clause. The style of the laws of this state shall
be: "Be it enacted by the General Assembly of the State of Colorado".

[That and $4.50 will get you a Starbuck's unless you secure the oaths of office of any officers coercing you. Then you have their testimony to uphold the stipulation that all laws will have enacting clauses.]

Get Charles Weisman's book The Authority of Law. It has a motion to dismiss for lack of subject matter jurisdiction. But here's the catch; the moment you hear any admission there is no SMJ, not another word. You have to get up and leave the room and building. No looking back. Otherwise you abate the matter for no enacting clause; no subject matter jurisdiction. Give them ten days to correct the charges to proper law - then enter default judgment because they cannot and will not. That failure to appear could get nasty but the matter is a nasty one anyway.

I doubt they will consider lack of subject matter jurisdiction for lack of corpus delicti (injured/complaining party). They consider the State (the People) injured by delinquent dads. But like Bobt12, I am just throwing stuff out on the Internet. There are a lot of experienced and wise people here on the forum but you are really just getting what you pay for going on the Internet for legal advice. Only use the advice for leads. You have to back things up; validate and authenticate. Unfortunately you may not have much time for that so I am just telling you - use your senses and keep your head together.


Regards,

David Merrill.


P.S. I apologize for taking your comment literally; that you were just going to lie down and go to jail if that was going to happen. Maybe that is how you felt when writing your first post and my taking it seriously woke you up?

[Jerseee]

D.Dog,

Get your State's Constitution and read the bill of rights (Article I) you may be surprised that they are the ones breaking the law. Oh, and they did take an oath to that state constitution.