Success story - Garnishment release with instructions

[jeagas68]

Hello everyone,

Attached you will find a proof of success and a roadmap to getting a garnishment released. In it you will find a method for creating your own documents.

Not guaranteed to work for you, not for resale, hire or profit. I am not an attorney, any information is from research labor for entertainment purposes and not to be used as official statements.

Silver Dollar

[farmer_giles_of_ham]

You know this goes right to what we've been hammering at here recently. Its all about bouncing the ball back into THEIR court- with anything, tax, vehicle any accusation in general from anyone.

Demur demur demur.

My first teachers 'splained me that good, too- but it took a while to get it...


We have one basic automatic tool: denial by testimony beats hearsay private opinions. That right there probably beats 90% of all cases.

[Lawdog]

Originally Posted by farmer_giles_of_ham

You know this goes right to what we've been hammering at here recently. Its all about bouncing the ball back into THEIR court- with anything, tax, vehicle any accusation in general from anyone.

Demur demur demur.

My first teachers 'splained me that good, too- but it took a while to get it...


We have one basic automatic tool: denial by testimony beats hearsay private opinions. That right there probably beats 90% of all cases.

Demur? LOL. You best check your state's civil procedure rules.

Ga. Code. 9-11-7 Pleadings - motions.

[subsections a and b redacted due to irrelevancy]

(c) Demurrers, pleas, etc., abolished. Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.

[Emphasis added]

And a demurrer won't work in federal court, either. Fed. Rule of Civil Procedure 7 states as follows:

(a) Pleadings. Only these pleadings are allowed:

(1) a complaint;

(2) an answer to a complaint;

(3) an answer to a counterclaim designated as a counterclaim;

(4) an answer to a crossclaim;

(5) a third-party complaint;

(6) an answer to a third-party complaint; and

(7) if the court orders one, a reply to an answer.

(b) Motions and Other Papers.

(1) In General. A request for a court order must be made by motion. The motion must:

(A) be in writing unless made during a hearing or trial;

(B) state with particularity the grounds for seeking the order; and

(C) state the relief sought.

(2) Form. The rules governing captions and other matters of form in pleadings apply to motions and other papers.

[Emphasis added]

You have a defense, you best raise it by answer or motion. Preferably both, and filed at the same time.

JOO NOOB! LOL

[jeagas68]

Originally Posted by farmer_giles_of_ham

Demur demur demur.

We have one basic automatic tool: denial by testimony beats hearsay private opinions. That right there probably beats 90% of all cases.

This was not meant as a Demur or Civil Procedure, this is an Administrative Petition for Proof of Claim. Each state has an Administrative Code, every Department has a specific set of rules they must follow when creating a liability. Sort of like Poker at the end of hand you call and your opponent by the rules has to disclose their hand, if they do not properly disclose they fold and you win by forfeit.

It plays on the Admiralty/Maritime rules a bit.

Georgia addy rules :
http://sos.georgia.gov/rules_regs.htm

Cheers,

SD

[farmer_giles_of_ham]

No wonder lawyers like poker so much.

Are words really that important? As a non-attorney I am due way more latitude, and this has been stated in several cases posted on this forum. In fact the judge is supposed to strain to find whatever was meant by the pleading.

So I write "demur" and I mean "insufficient information to enable a responsive answer", which has the effect of a denial.

Originally Posted by Lawdog

JOO NOOB! LOL

That is something to which I will have to "demur".

[jeagas68]

Originally Posted by farmer_giles_of_ham

Are words really that important? As a non-attorney I am due way more latitude, and this has been stated in several cases posted on this forum. In fact the judge is supposed to strain to find whatever was meant by the pleading.
So I write "demur" and I mean "insufficient information to enable a responsive answer", which has the effect of a denial.
That is something to which I will have to "demur".

Demur is common law, it exists in name only when dealing with registered citizens of the body politic, another thing they tell you is that they are going after the fictional strawman account and holding you as surety.

Common law in most cases only now exist with those who have withdrawn all adhesion contracts or were lucky enough not to have them at all. aka... DL, BC, VR

[Livefire]

Dont call it a demurrer..... Motion to Dismiss Rule 12(b) Failure to state a claim for which relief can be granted.

[rottweiler]

True........

Originally Posted by Livefire

Dont call it a demurrer..... Motion to Dismiss Rule 12(b) Failure to state a claim for which relief can be granted.

[rottweiler]

True, demur is common law.

Nisi prius courts go forward as long as you do not object.

"It is a matter of right that one may demand to be tried in a court of record. By sheer definition, that means that the court must proceed according to the common law (not the statutory law). The only way that a court can suspend that right is by the prior agreement of the parties. For tactical reasons the state prefers to proceed according to statutory law rather than common law. The only way it can do that is to obtain the prior agreement from the parties. That is the primary (but hidden) purpose of the arraignment procedure. During arraignment the court offers three choices for pleading (guilty, not guilty, nolo contendre). But all three choices lead to the same jurisdiction, namely a statutory jurisdiction, not a common law jurisdiction. That is to say, the question to be decided is whether or not the statute was violated, not whether the common law was violated."
http://www.1215.org/lawnotes/lawnotes/nisiprius.htm

Originally Posted by jeagas68

Demur is common law, it exists in name only when dealing with registered citizens of the body politic, another thing they tell you is that they are going after the fictional strawman account and holding you as surety.

Common law in most cases only now exist with those who have withdrawn all adhesion contracts or were lucky enough not to have them at all. aka... DL, BC, VR

[Lawdog]

Originally Posted by Livefire

Dont call it a demurrer..... Motion to Dismiss Rule 12(b) Failure to state a claim for which relief can be granted.

Yes, that's a cognizable motion. But it has about a 99% chance of being denied.

Unless DiM is the person who sued you....