10-04-2006, 07:03 AM
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Come and Get Some!
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Join Date: May 2006
Posts: 1,119
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Here in the states we have certified and registered. I have been told to use registered and not certified as certified is considered commercial.
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10-30-2006, 01:00 AM
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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 Bulletproof Monk
I believe any kind of reply/response/arguement/evidence etc would be joining.
By taking the presentment back to the court, you're not making a plea of guilty or not, you're just saying I'll accept it upon proof of claim.
In a way it hasn't been served, as it hasn't been established that you are the person on the presentment, and there's no commercial energy/dishonour to move on.
My previous experience has been that once I take it to the register of the court (that's what it's called here in Australia) and ask for a copy stamped, I never hear about it again. One time a company tried to get a friend into E-court and I did that, which cancelled it, then when they tried again (obviously because they couldn't get a judgement on the first round), we got another letter saying second attempt. That should say it all.
After we did the same with that, we never heard from them again.
So my answer would have to be, no entry into controversy = misjoinder = No case.
If you did nothing, then there's cause for dishonour/default judgement as in the case of a negative averment, or affitavit.
An unrebutted Affidavit stands as truth.
BULLETPROOF
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ok, since the papers are usually abandoned at the place where one sleeps (avoiding certain legal terms by writing this way);
and since the papers are always addressed to a fiction;
and since opening mail addressed to another "person" or member of We the people is verboten "legally" but also "none of my business";
Why not just mark the envelope with the words "unknown addressee" and "return to sender" then return the envelope to the sender?
When the county protho-notary apparently sent a "bill" to the strawman with the letters of my name, that's what i did, and I have still NOT heard back from that office!
Also, many of the people who work in that office know me by name, especially the assistant protho-notary Al;
he's a good man and friend.
Some of the women who type up the office "bills" and mail also know me by name!
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10-30-2006, 03:05 AM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: A state of oneness with myself and the world.
Posts: 257
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Correctamundo!
As "agent" and representative of the strawman, I feel obliged to open it's mail and respond.
HOWEVER, I do not open any letters addressed to Mr. ALL CAPS ENTITY.
If they assume that the strawman is flesh and blood and gender based, by adding Mr. to it, then it's not only NOT me, it's also NOT the strawman.
In those cases, I write "INCORRECTLY ADDRESSED" RETURN TO SENDER.
I have not stated that the address is incorrect, nor that it is not possible to contact me or the strawman at that address, merely that it is wrongly written.
You are correct in saying that it is illegal to open another person(s) mail, so I always make sure.
BPM
BTW, how did this post get back here..?
__________________
Precedent said, "It cannot be done;" experience said, "It is done."
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11-01-2006, 06:25 PM
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Waking Up
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Join Date: Oct 2006
Posts: 3
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need advice
I have been summons to maj. court for an unpaid cc. I have also sent the law firm a debt verification pakage and a notice of written communication via registered mail after I recieved the summons. I also went to the court and filed an answer denying the allegations. They said they would mail me a court date. Its been 4 days and I have not heard from anyone. I am not sure to go ahead and pay the amount or try to go to court if it comes to that.
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11-01-2006, 08:25 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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benjamin,I love that name. Welcome to the suijuris forum.
In respond to your Question: Don't rush into judgement. Wait and go to court see what they made of before you do anything at all.
__________________
Resolution pending
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11-01-2006, 10:01 PM
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Come and Get Some!
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Join Date: May 2005
Location: Water Wonderland
Posts: 1,185
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Quote:
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Originally Posted by benjamin
I have been summons to maj. court for an unpaid cc. I have also sent the law firm a debt verification pakage and a notice of written communication via registered mail after I recieved the summons. I also went to the court and filed an answer denying the allegations. They said they would mail me a court date. Its been 4 days and I have not heard from anyone. I am not sure to go ahead and pay the amount or try to go to court if it comes to that.
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The stuff you sent them will either be ignored or some computer generated boilerplate garbage will be sent to you as an answer, as to why they can steal your money. Since you are already "summoned" you can start your discovery. Also a counter complaint may be something to think about? There are members who have sued these debt attorneys and have prevailed in some cases.
Get your money out of the bank so they can't steal it. |
11-02-2006, 01:41 AM
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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 Bulletproof Monk
As "agent" and representative of the strawman, I feel obliged to open it's mail and respond.
HOWEVER, I do not open any letters addressed to Mr. ALL CAPS ENTITY.
If they assume that the strawman is flesh and blood and gender based, by adding Mr. to it, then it's not only NOT me, it's also NOT the strawman.
In those cases, I write "INCORRECTLY ADDRESSED" RETURN TO SENDER.
I have not stated that the address is incorrect, nor that it is not possible to contact me or the strawman at that address, merely that it is wrongly written.
You are correct in saying that it is illegal to open another person(s) mail, so I always make sure.
BPM
BTW, how did this post get back here..?
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Excellent point on properly parsing and comprehending the use and meaning of their language. |
08-13-2007, 07:41 AM
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Waking Up
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Join Date: Aug 2007
Posts: 2
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Magistrates court clerk procedural topic
Bulletproofmonk, you seem to know your stuff, i'm impressed 
Obviously you're here in Australia too, so the question I have relating to your procedure of dealing with police issued fines, etc, (that is take to court clerk, get it stamped, and keep a copy), how does this go with SPERS? I'd imagine that it would simply be referred to SPERS, and if you didn't pay it, they'd cancel your drivers license.
Any thoughts on this? |
08-13-2007, 09:03 AM
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Come and Get Some!
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Join Date: May 2005
Location: Colorado.
Posts: 6,268
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he's mine!
I like Bulletproof Monk;
I lay claim to him. Soon as I get him to change his handle to his true name (First Middle), then he gets one of those $100 light sabers to warm his bagels in the morning.
Regards,
David Merrill.
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08-13-2007, 11:02 AM
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Waking Up
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Join Date: Aug 2005
Posts: 31
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BulletProof,
I have to appear in court regarding a motion I entered for the plaintiff to produce the original contract. In your opinion will the judge want to know my name and if so, is it best for me to respond like your example:
The collection agency/law firm sent an interrogatorries after my motion to compel. I then answered with a motion to dismiss due to suject matter jurisdiction. Do I still need to answer the interrgatorries even though I have filed a motion to dismiss?
Quote:
Let me elaborate a bit...
Judge: "Is there a JOHN DOE here?
You: "I'm here about that matter your honour"
Judge: "State your name please"
You: "I shall give you my name your honour upon proof of claim you have juristiction over the matter pending.."
Judge" What's this Verificiation of debt notice all about?"
You: "I accept your offer your honour to get me to explain anything to the court upon proof of claim there's a controversy here.."
Judge"stand up please"
You: "I shall stand your honour, however I do not waive any common law rights, nor do I grant in-personam juristiction"
Judge: "Look is your name JOHN DOE or not?"
You: "If I tell you my name is JOHN DOE your honour, will you assume it's the same JOHN DOE on the presentment?"
and so on....
The court is like an electrical device. A circuit court. It needs your commercial energy to "move". Charge, discharge, etc.
Same with traffic tickets. It's all about negotiable instruments and banking rules. The cop is the maker of the ticket (cheque), and he's writing it out and giving it to you (the bank) to pay the recipient (the govt.).
If you went to a bank with a cheque, and tried to get them to pay, they will first ask for proof of claim, or basically, check the account to see if there are enough funds.
A bank can't dishonour a cheque by not paying (unless there's no money) and you can't dishonour the policeman or negotiable instrument by not paying (unless there's no proof of claim).
By asking for proof of claim, (which of course there is none....(by the way you're not asking for evidence here, like a speed camera photo) you're simply rebutting the presumption that there's a controversy.
If a cop say's you weren't wearing your seatbelt, what proof is there? It's all heresay, which is not admissable unless you get into court and he signs a declaration.
If you never argue, you stay in honour, and hopefully, out of that fictitious court matrix.
Remember there's only 4 choices in honour/dishonour:
1. Argue: Dishonour
2. Silence: Dishonour
3. Acceptance: Honour
4. Conditional Acceptance: Honour
Number 4. is the magic number, where you get to stay in honour, not in contempt, and there's no entry.
BULLETPROOF
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