02-16-2006, 10:01 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
Posts: 538
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Your thoughts?
So,
I have rescinded my signature on marriage license application form. I have a UCC1 filed (PPSA in Canada).
I KNOW my ex is going to try to take me to court.
Would I 'accept for value and returned for failure to state a claim which relief can be granted' any 'documents' from the ex?
We have an existing action number, however, I have send a Notice and Demand to the Fed DoJ Minister (stating marriage application form was contract fraudulently entered into , bla bla. He has 10 days to vacate the existing orders)....
My current plan is
Appear Specially for a Motion to dismiss prior to her proposed court date
If that fails, Notice of Abatement.
If that fails, Lump sum number for settlement and FINAL closure, revoke , recsind ....
Is there something that could be done after I get their 'notice of motion', prior to Notice to Dismiss?
What are your thoughts on the 'game plan'?
__________________
Without Prejudice - No Liability Assumed - No value assured - Without recorse
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02-16-2006, 10:24 PM
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Banned User
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Join Date: Feb 2005
Posts: 2,117
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Quote:
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Originally Posted by powder
So,
I have rescinded my signature on marriage license application form. I have a UCC1 filed (PPSA in Canada).
I KNOW my ex is going to try to take me to court.
Would I 'accept for value and returned for failure to state a claim which relief can be granted' any 'documents' from the ex?
We have an existing action number, however, I have send a Notice and Demand to the Fed DoJ Minister (stating marriage application form was contract fraudulently entered into , bla bla. He has 10 days to vacate the existing orders)....
My current plan is
Appear Specially for a Motion to dismiss prior to her proposed court date
If that fails, Notice of Abatement.
If that fails, Lump sum number for settlement and FINAL closure, revoke, recsind..
Is there something that could be done after I get their 'notice of motion', prior to Notice to Dismiss?
What are your thoughts on the 'game plan'?
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i think i'd abate first; you really do want to stay out of their court!
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
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02-16-2006, 10:53 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
Posts: 538
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I thought by abating you gave them SMJ.
I figure they would have to PROVE SMJ before I abate...
?
__________________
Without Prejudice - No Liability Assumed - No value assured - Without recorse
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02-16-2006, 10:57 PM
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Come and Get Some!
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Join Date: Oct 2004
Location: Illinois(chi-town)
Posts: 5,076
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Quote:
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Originally Posted by powder
So,
I have rescinded my signature on marriage license application form. I have a UCC1 filed (PPSA in Canada).
I KNOW my ex is going to try to take me to court.
Would I 'accept for value and returned for failure to state a claim which relief can be granted' any 'documents' from the ex?
We have an existing action number, however, I have send a Notice and Demand to the Fed DoJ Minister (stating marriage application form was contract fraudulently entered into , bla bla. He has 10 days to vacate the existing orders)....
My current plan is
Appear Specially for a Motion to dismiss prior to her proposed court date
If that fails, Notice of Abatement.
If that fails, Lump sum number for settlement and FINAL closure, revoke , recsind ....
Is there something that could be done after I get their 'notice of motion', prior to Notice to Dismiss?
What are your thoughts on the 'game plan'?
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Well setup, and precisely. If they can't proof their claims then you have to default them.
__________________
Resolution pending
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02-16-2006, 11:01 PM
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Banned User
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Join Date: Feb 2005
Posts: 2,117
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Quote:
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Originally Posted by powder
I thought by abating you gave them SMJ.
I figure they would have to PROVE SMJ before I abate...
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wow, that was fast! ;)
well, if they can correct the errors you point out, then yes, but can they correct the error of misnomer? that being their reference to a STRAWMAN and not the flesh and bone Man?
I think not.
They think, presume, that you are a CORPORATE MOUTH-PIECE for a fiction.
They cant correct that at all.
__________________
I claim ownership of and accept responsibility for every word I have written; I cannot claim ownership for any quotes I have made, being the words of whomever I quoted, to whom I say `thank you'.
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02-17-2006, 12:50 AM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: Arizona state
Posts: 449
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It appears you have your ducks in a row
however
Quote:
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We have an existing action number
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Quote:
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Appear Specially for a Motion to dismiss prior to her proposed court date
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I'm not sure how it works there, but how does a case aquire an "action number" and a "proposed court date" where there is no joinder of the parties? From what you,ve described you haven't recieved the summons yet.
Are there child(ren) involved? If not, settle and get on with your life. If so, do whatever is necessary to stay out of their jurisdiction.
If jurisdiction is the issue it would seem that you would need to default and/or abate as idknow said. Make your ex prove the contract she's trying to use against you .
gldskr |
02-17-2006, 08:31 AM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
Posts: 538
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We were separated in 2002. I have been to court with lieyer and pro se numerous times. Too many to count in fact.
Since my education began this year (and with this site)....
I have sent a recsind signature to the DoJ. When the next motion comes forward..... should I issue a notice to dismiss due to lack of SMJ or just notice of abatement?
__________________
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02-17-2006, 10:38 AM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: Arizona state
Posts: 449
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Hmmmmmmm...
So your ducks weren't in a row and now you are treading water in search of a life preserver.
You still haven't answered the question, are there child(ren) involved?
At what stage are the proccedings now in?
Until we have all the facts, an intelligent assessment is impossible.
gldskr
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02-17-2006, 12:30 PM
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Administrator
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Join Date: Jan 2006
Location: district of Alberta
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There are children involved yes. I am going to send a private contract to the X in order to define 'support' for the children.
The proceedings are in the stage
Property - settled
Divorce decree issued - NO - that is the 'next thing on the list' in their process.
__________________
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02-17-2006, 10:50 PM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: Arizona state
Posts: 449
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Forget about the private support contract for now as that can be dealt with later.
The only issue is for them to prove the existence of the alleged contract they're using against you. No contract, no jurisdiction.
You have the right to be married and live separately and to privately determine custody and visitation issues. The state has no business in family matters.
gldskr
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