Court offer?

[TATY]

Good day everyone,

I am new to the group and I wanted to as a question regarding a letter I received yesterday from court where I live. The letter basically refers to a case that has previously been ruled on, in my favor, twice before, by a different judge. It states that the case has been transferred to the Central Calendar Part under a new judge and I am to appear for a pre-trial conference on 09/10/07. In other words, the 3rd party debt collector has not been successful previously and is again attempting to re-open it again. I smell a
rat! At the very bottom of the letter it directs me to please acknowledge receipt of this notice by signing it and returning a copy of it to the new judge within five (5) days. Does anyone have any ideas or suggestions with respect to this letter? And how to respond to this letter? sign it?, not sign it? (by not signing it
will be considered a tacit agreement) Not sure...
I would appreciate any assistance that anyone could provide. (letter is attached for convenience).
Thanks again,

[masterduke]

Was this case dismissed WITH Prejudice? This debt collector that is chasing again, You have had NO PRIOR COURSE OF DEALING, if they are using some 'Account Stated' trash as their foot in the door to come after you. Conterclaiming for ABUSE OF PROCESS would be something to consider. They are fishing hard for an unjust enrichment. As more of their intended victims stand up and even sometimes prevail against their assaults they are going to go even further in their theft attempts.. I wonder if a Refusal For Cause would be something to fire back at them?

[David Merrill]

Refuse for cause timely. Publish whatever evidence you have from the former judgment - for instance a transcript of the judgment itself at the county clerk and recorder.

Include a certified copy with the Refusal for Cause. You never recorded the judgment so they are still persisting because it is not res judicata until it is published.


Regards,

David Merrill.

[David Merrill]

Originally Posted by woodenbridge

The judge has never issued a judgement. The original judge made two rulings on two motions, thats it.

Admitted I read the opening post on my Pocket PC but I got it right.

The letter basically refers to a case that has previously been ruled on, in my favor, twice before, by a different judge.

Refuse it for Cause in a timely fashion. That is how to handle it. Document that this new case and judge are properly notified - proof of service, clerk of court markings etc. and if you show at all it is only to make sure this new judge on this new cause is properly notified about these related rulings in your favor.

Publish those former rulings that I called judgments.

If you do not refuse this new presentment for cause then after about three days you accept that new process is being brought against you.


Regards,

David Merrill.


P.S. That is the beauty about your right to say no thank you through R4C. I do not need to know anything more than you have a presentment that you want to say, no thank you to. If you like being badgered into process against you over and over, then listen to Woodenbridge.

[David Merrill]

Originally Posted by woodenbridge

David, please point this out in the NY rules of civil procedure. Where did you find that? Taty HAS to follow the civil procedure, or have a default entered.

Please povide the link of the NY civil Procedure's you found this "refusal for cause" you claim.

Woodenbridge will persist in entering challenges to a simple R4C. If he offers nothing of use I will put him on my ignore list.

http://www.courtinfo.ca.gov/forms/documents/mc700.pdf

He gave me this cool form yesterday, so I am hoping for more.

I know that many of you Readers are here because you know that remedy exists. If you think that every time you are presented a contract offer like the one attached above, you are required to participate - then by all means participate. Appearance cures all defects in jurisdiction.

The attached clerk instruction is for "suitors" - that is the term I use for courts of competent jurisdiction. The people the form is intended for have a judgment published res judicata, like I am suggesting you do with the transcript of the rulings in your favor, and an evidence repository with the clerk of court at the US district courthouse.

You can heighten the elevation of authority in your R4C with many less expensive methods, but the component of timeliness is essential. So R4C and if they convince you the R4C failed, that you have no right to say no thank you, then you are where Woodenbridge will put you if you listen to him.


Regards,

David Merrill.

[David Merrill]

Originally Posted by woodenbridge

It was really simple david: POST THE NY CIVIL PROCEDURE. You can't even do that!

What The **** does a form in Cal. have to do with your "refusal for cause" bs? You have probably never looked at New Yorks Rules of Civil Procedure, but yet you're giving out legal advise on how to procede. What a crock of ****!

Taty, look into the rules yourself, and if you find this "refusal for cause", then go for it. You won't find it, but you will find the proper procedure on what to do before a default judgement is entered against you.

I'm sure DiM has a simple form that he made up that will wash away that default judgement. I can tell you this for a fact, defaults judgments are damn hard to overcome, if you are lucky enought ot overcome it. You are better to go to the pre-trial conference, play stupid, find out everything that is going on, and then go from there. This judge has given you time to work it out, or at the least, bought you enough time to put your case together.

Like I said, if that court clerk or Woodenbridge can convince you that you have no God-given unalienable rights protecting you against repeated vexatious process like you showed in your opening post, then you are right where Woodenbridge would have you with his advisement.

When courts of competent jurisdiction exercise the right of avoidance, and then show up for a full appearance, they are subject to the jurisdiction of the court.

Funny; Woodenbridge said that showing us the rules is all I had to do. I still do not feel that I had to do that.


Regards,

David Merrill.

[David Merrill]

Originally Posted by woodenbridge

Of course david won't show anyone law, it would blow his theories out of the water. What do you think the judge is going to do? Do you think the judge has read DiM's writtings and will follow them? OR, do you think the judge is going over to the shelf, grabbing a book on NYCP, and follow that which he/she took an oath to do? All these paytriots arguements are like this. Don't kid yourselves, the judge is going to follow NYCP no matter how much david hopes he/she would follow his insane ideas.

Taty, you can follow david, who doesn't care if you lose. Or you can look at the local rules of the court, and follow the NY CP, and play a little hard ball.

I think it's really easy to see, when someone can't back up what they are telling you is the cure, you better stay with the books. Is david going to go to court in NY, put up his money, and make an arguement? No, the court would label him vexatious, and then you'd really be up a creek.

C'mon Woodenbridge;


If you aren't going to throw a better bone that that I am getting bored. If Taty wanted to just go play by the rules as you present them, then he would not be here weighing his options.

Do you really think he is stupid enough to listen to legal advice off the internet? Yours or mine? He is evaluating different ideas and can probably discern that your insulting me and by treating everybody Reading like little kids, that you are not being constructive and/or helpful.

You are advising him to appear. Fine. That is what you are suggesting. He has two judgments in his favor from a different judge already so he can probably do that again... until next time.

If they drag him into court twice, and as you suggest three times, then why not a fourth? He is going to get dragged into court until he loses; so long as he never learns how to R4C and have confidence in his right to.


Regards,

David Merrill.



P.S. Here is a sad story. It is long but keep your eyes open for when the judge says, "Send me an order."

Sadly Sara Sue did not realize he was addressing her court. She ends this victory wondering why the judge never signed the Order to Dismiss that she never sent him, even though he requested that she send him the Order to Dismiss. This is the kind of dimness I would have Taty and all my Suijuris friends avoid.

Be courts of competent jurisdiction - not Woodenbridge-type dopes.

[David Merrill]

All I see is:

This message is hidden because woodenbridge is on your ignore list.

Is something wrong??

You know, I think you will get along much better around here if you quit attacking others trying to help and simply allow somebody like Taty to make up their minds in an objective, adult fashion.

Taty has expressed that these reruns in court are very tiring...


Regards,

David Merrill.

[mrg]

Originally Posted by woodenbridge

The court ruled on two (2) motions, thats it!

Where did you find precisely that, as a matter of fact, in the original post?

Originally Posted by TATY
...a case that has previously been ruled on, in my favor...

The only particulars I see are:

Originally Posted by TATY
...the 3rd party debt collector has not been successful previously and is again attempting to re-open it again.

Might it seem that TATY has information that the case has been closed?

Twice?

How do you know precisely what "has previously been ruled on?"

Are you "familiar with every facet of the litigation? as per the "letter" TATY posted?

[masterduke]

For your finanical safety, Remove all your dough from the bank keeping only the overdraft (non attachable) to do any banking things i.e. pay bills, etc. I would monitor the court to make sure there are no Summary Judgements laying around waiting for that magic day 29 when the slimey debt attorney can get his 'presentment check' cashed and clean you out. Along with bank choking an extra fee from your account for providing this 'service'. Debt attorneys do stuff like this(steal bank accounts) all the time.