Affidavit Of Denial Of Debt Pdf
Did you file an affidavit in the first place? If the plaintiff filed one stating you owe. Then you needed a counter one saying you don't. The courts believe the affidavits to be true unless there is a counter one.It's not that the judge didn't believe you, it's that one was required.
This death document may be needed for insurance companies or companies that the deceased owed a debt to. This death form can allow a family member or beneficiary to receive their benefits sooner, take ownership of inherited property, or close the deceased's accounts. An Affidavit of Death is usually easy to fill out and sign.
He could have ruled right there, he did you a big favor, and helped you along without giving you advice.which he is not allowed to do. ( give advice)Here is a sample affidavit.DEFENDANT'S AFFIDAVIT DENYING PLAINTIFF'S CLAIM of ( what ever they have claimed against you)NOW COMES Defendant in Pro Per, XXXX, whose residence is XXX, certifies and says the following:1. I am a resident of the State of Michigan, Xxxx County, and I am a competent person over 18 years of age. This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.2.
I deny Plaintiff's statement of account served on me on or around October xx, xxxx.3. I deny the allegations set forth in Plaintiff’s Affidavit of Account served on me on or around October xx, xxxx4.
Plaintiff has never extended credit to me.5. There have been no transactions between Plaintiff and me.6. I deny I am justly indebted to Plaintiff in the amount of $XXXXI certify under penalty of perjury that the foregoing statements are true and correct.XXXXXSubscribed and sworn to before methis day of XXXX. Answer these questions if you want further help with this suit against you.1. Who is the named plaintiff in the suit?2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)3.
How much are you being sued for?4. Who is the original creditor? (if not the Plaintiff)5. How do you know you are being sued? (You were served, right?)6.
How were you served? (Mail, In person, Notice on door)7. Was the service legal as required by your state?Process Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued?9. What state and county do you live in?10.
When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)11. What is the SOL on the debt?
To find out:Statute of Limitations on Debts12. What is the status of your case? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)14. Did you request debt validation before the suit was filed?
Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming.
We need to know what the 'charges' are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons?
An affidavit? Statements from the OC? List anything else they attached as exhibits. Answer these questions if you want further help with this suit against you.1. Who is the named plaintiff in the suit? Portfolio Recovery Associates2. What is the name of the law firm handling the suit?
(should be listed at the top of the complaint.) Weber & Olcese3. How much are you being sued for? Who is the original creditor? (if not the Plaintiff) GE Capital (Old Navy Credit Card)5. How do you know you are being sued?
(You were served, right?) Served6. How were you served? (Mail, In person, Notice on door) - in person at home7. Was the service legal as required by your state? YesProcess Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I have never been contacted by Portfolio Recovery before the lawsuit9. What state and county do you live in?
Michigan, Ottawa county10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - April 201311. What is the SOL on the debt? To find out: 6 yearsStatute of Limitations on Debts12. What is the status of your case? Motions filed?
You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Just had a hearing this morning to go over Plaintiff's Motion for Summary Disposition13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.15. How long do you have to respond to the suit?
(This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the 'charges' are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I already responded the suit.
I had 21 days.Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits16. What evidence did they send with the summons? An affidavit? Statements from the OC? List anything else they attached as exhibits. Copy of statements showing purchases, and payments. Bill of sale, Print our with my name, last four numbers of my SS, and an notarized Affidavit signed by Portfolio staff (Harry Munel).
Did you file an affidavit in the first place? If the plaintiff filed one stating you owe. Then you needed a counter one saying you don't. The courts believe the affidavits to be true unless there is a counter one.It's not that the judge didn't believe you, it's that one was required.
He could have ruled right there, he did you a big favor, and helped you along without giving you advice.which he is not allowed to do. ( give advice)Here is a sample affidavit.DEFENDANT'S AFFIDAVIT DENYING PLAINTIFF'S CLAIM of ( what ever they have claimed against you)NOW COMES Defendant in Pro Per, XXXX, whose residence is XXX, certifies and says the following:1. I am a resident of the State of Michigan, Xxxx County, and I am a competent person over 18 years of age. This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.2. I deny Plaintiff's statement of account served on me on or around October xx, xxxx.3.
I deny the allegations set forth in Plaintiff’s Affidavit of Account served on me on or around October xx, xxxx4. Plaintiff has never extended credit to me.5. There have been no transactions between Plaintiff and me.6.
I deny I am justly indebted to Plaintiff in the amount of $XXXXI certify under penalty of perjury that the foregoing statements are true and correct.XXXXXSubscribed and sworn to before methis day of XXXX. Xx, xxxxI can not longer file an counter affidavit as that was supposed to be filled with my answer. I didn't filed one because I thought their affidavit was invalid because it was issued 39 days before the Complaint filling. Michigan law says ' Any affidavit in this section mentioned shall be deemed sufficient if the same is made within 10 days next preceding the issuing of the writ or filing of the complaint or answer' MCL 600.2145.At the hearing this morning, the judge gave me 48 hours to file my own affidavit denying that I owned the card, and debt.I reading some posts that mention risk of perjury when filing an affidavit of denial of debt, unless is done gradually.
But when I read the gradual denial it gives me the sense I am somewhat agreeing with the debt. @This Affidavit of Denial of Debt was used by a MI poster last year who won his case.DEFENDANT'S AFFIDAVIT DENYING PLAINTIFF'S CLAIMNOW COMES Defendant in Pro Per, XXXX, whose residence is XXXX, MI 48XXX, certifies and says the following:1.
I am a resident of the State of Michigan, Your County, and I am a competent person over 18 years of age. This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.2. I deny applying for credit through the Plaintiff or its alleged assignor.3 I deny receiving statements from the Plaintiff or its alleged assignor.4. I deny receiving repeated demands for payment from the Plaintiff or its alleged assignor prior to this suit.5. I deny that there have been any transactions or course of dealing between Plaintiff and me6 I deny I am justly indebted to Plaintiff in the amount of $XXX.I certify under penalty of perjury that the foregoing statements are true and correct.Dated: July , 2014 XXXXXSTATE OF MICHIGANCOUNTY OF OAKLANDSigned and sworn to (or affirmed) before me on:My commission expires on:SignaturePrinted name.
I would file a motion to compel priviate contractual arbitration. I would file it before the judge gives a ruling on the MSJ. Did you object to the affidavit in court? If so he should not be able to use it as prima facile evidence which is necessary for the MSJ to be granted.Yes I did object to the affidavit in court, but the PRA attorney kept repeating the SHALL, SHALL be used as prima facie. That is when the judge said I misinterpreted the law and gave me 48hours to file an affidavit.I filed my affidavit denying the debt yesterday using the template your provided me! Thank you!Could you please clarify what is a motion to compel private contractual arbitration? And what it would do to my case?
Could you please clarify what is a motion to compel private contractual arbitration? And what it would do to my case?
Thanks!The original GE card agreement provides for private contractual arbitration to settle disputes instead of a lawsuit. JAMS is VERY expensive for the Plaintiff (PRA) considering they paid pennies on the dollar for your debt and arbitration with you would cost FAR more than they paid for the debt or would recover if they won. The goal in getting the court to compel arbitration is that PRA realizes it isn't worth the time and expense and doesn't follow you into arbitration and loses the right to pursue the lawsuit because they did not follow the court order to arbitrate.Typically PRA folds and dismisses all actions and stops all collection efforts. They are after the 'low hanging fruit' of the default judgment from consumers who don't show or those who settle or agree to a stipulated judgment and then pay. The 1-2% that fight back and they don't get any money are considered a cost of the billions of dollars they make on the rest of the consumers who don't fight.
The original GE card agreement provides for private contractual arbitration to settle disputes instead of a lawsuit. JAMS is VERY expensive for the Plaintiff (PRA) considering they paid pennies on the dollar for your debt and arbitration with you would cost FAR more than they paid for the debt or would recover if they won. The goal in getting the court to compel arbitration is that PRA realizes it isn't worth the time and expense and doesn't follow you into arbitration and loses the right to pursue the lawsuit because they did not follow the court order to arbitrate.Typically PRA folds and dismisses all actions and stops all collection efforts. They are after the 'low hanging fruit' of the default judgment from consumers who don't show or those who settle or agree to a stipulated judgment and then pay.
The 1-2% that fight back and they don't get any money are considered a cost of the billions of dollars they make on the rest of the consumers who don't fight.Thank you @Clydesmon!Can I still file it, even if I denied having such credit card account? It seems that JAMS is related to mediation, is that right?PRA and I were court ordered to mediation before hearing was scheduled. It cost $200 that was split between me and the attorneys.The mediation was held a local Mediation Services organization.The attorney offered me the bargain to pay $2250 instead of the $2583 they say I own. Of course I refused it.Would filling ' motion to compel private contractual arbitration' send us back to mediation?I am sorry if am being dumb here, I just want to make sure I am doing the right thing.
It seems that JAMS is related to mediation, is that right?PRA and I were court ordered to mediation before hearing was scheduled. It cost $200 that was split between me and the attorneys.The mediation was held a local Mediation Services organization.The attorney offered me the bargain to pay $2250 instead of the $2583 they say I own. Of course I refused it.Would filling ' motion to compel private contractual arbitration' send us back to mediation?I am sorry if am being dumb here, I just want to make sure I am doing the right thingCourt ordered mediation is nothing more than a way to unclog the courts and try to get cases off the docket.
It is used in creditor friendly states to bully consumers into simply paying up. It is NOT impartial by any means.Consumer arbitration is supposed to be neutral to all parties similar to the courts. However, the difference is that the rules of evidence are not near as rigid as a court. So while you aren't necessarily admitting the account is yours by invoking it, if a Plaintiff follows you into arbitration the arbitrator generally accepts what ever spurious documents they produce as factual where as a court might not.The goal of filing for JAMS is that it is SO expensive for the Plaintiff (your fee is capped at $250) that they walk away.
The goal is not to actually arbitrate. Court ordered mediation is nothing more than a way to unclog the courts and try to get cases off the docket. It is used in creditor friendly states to bully consumers into simply paying up. It is NOT impartial by any means.Consumer arbitration is supposed to be neutral to all parties similar to the courts. However, the difference is that the rules of evidence are not near as rigid as a court. So while you aren't necessarily admitting the account is yours by invoking it, if a Plaintiff follows you into arbitration the arbitrator generally accepts what ever spurious documents they produce as factual where as a court might not.The goal of filing for JAMS is that it is SO expensive for the Plaintiff (your fee is capped at $250) that they walk away.
The goal is not to actually arbitrate.Gotcha!!!!!I will work on it!Thanks! RESOLVING A DISPUTE WITH ARBITRATIONPLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. What claims are subject to arbitration. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Gap Inc.
If it relates to your account, except as noted below. We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us.
However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
How to start an arbitration, and the arbitration process. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS, ATTN: ARBITRATION DEMAND. Your credit agreement will work just fine. Here is a sample motion to compel arbitration.
You need to change any wording in it about the credit agreement to match your credit agreement exactly. You need to file an affidavit with it saying you are over 18, live in xxxx and can testify to the truthfulness etc.
That this is a true and correct copy of the credit agreement governing the account. Don't forget the proof is service saying you gave a copy to the plaintiff, and you might want to include an pre printed order for the judge to sign. MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION ANDDISMISSOR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDINGARBITRATIONNOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:1.
That on or about , 2015, Plaintiff filed its Complaint against Defendant.2. Defendant sent a letter via certified mail to Plaintiff's attorney on , 2015, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:(a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION.( IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY.© YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT.
YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT(d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US.(e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT.5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.6.
The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.' We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone, supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. Jackson, 561 U. (2010) (slip op., at 3).
In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. Cardegna, 546 U. 440, 443 (2006), and enforce them according to their terms, Volt Information Sciences, Inc. Board of Trustees of Leland Stanford Junior Univ., 489 U. 468, 478 (1989).' Furthermore, 'The “principal purpose” of the FAA is to “ensure that private arbitration agreements are enforced according to their terms.” Volt, 489 U.
S., at 478; see also Stolt-Nielsen S. AnimalFeeds Int’l Corp., 559 U. (2010) (slip op., at 17).
This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement. XXXXXDEFENDANT’S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS, OR IN THE ALTERNATIVE, TO STAY THE PROCEEDINGS PENDING ARBITRATIONI, XXXXXXX, the defendant, appearing pro se, in the above-named proceeding, respectfully move this Court to issue an order to compel private/contractual arbitration and dismiss, or in the alternative, to stay the proceedings pending arbitration.The reasons that I am entitled to the relief I seek are the following:1. That on or about May 11th, 2015, Plaintiff filed its Complaint against Defendant. Defendant was served Complaint on or about June 13th, 2015. Defendant denied Complaint.2. Defendant sent a letter via certified mail to Plaintiff's attorney on or about November 4th, 2015, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached).3.
Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:a) “MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE;”If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Gap Inc.5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:“A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.6.
The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.' We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone, supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. Jackson, 561 U. (2010) (slip op., at 3).
In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. Cardegna, 546 U. 440, 443 (2006), and enforce them according to their terms, Volt Information Sciences, Inc. Board of Trustees of Leland Stanford Junior Univ., 489 U. 468, 478 (1989).' Furthermore, 'The “principal purpose” of the FAA is to “ensure that private arbitration agreements are enforced according to their terms.” Volt, 489 U.
S., at 478; see also Stolt-Nielsen S. AnimalFeeds Int’l Corp., 559 U. (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement. XXXXXXXXEXHIBIT APortfolio Recovery Associates LLCPlaintiff,Weber & Olcese, PLCMichael J. Olcese (P46247)Attorneys for Plaintiff3250 West Big Beaver Road – Suite 124Troy, Michigan 48084248-816-8111VsXXXXXXDefendantAddressNovember 4th, 2015Case Number: XXXXXXXSTATE OF MICHIGAN 58 th DISTRICT COURTNOTICE OF ARBITRATION ELECTIONPursuant to Synchrony Bank (former GE Capital Retail Bank) cardholder agreement, I elect arbitration via JAMS to resolve all of our disputes.As per the agreement, 'any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.'
The agreement further states, “This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA.
The arbitrator's decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator's award.” The agreement further states, “If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith.
We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.”As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration.A copy of this letter was filed with State of Michigan 58 th District Court on November 4th, 2015.A copy of this letter was sent by certified mail to PORTFOLIO RECOVERY ASSOCIATES, attn. Weber & Olcese, Michael J.
Olcese, 3250 West Big Beaver Road – Suite 124, Troy, Michigan 48084 on the 4 th day of November, 2015.Signed: XXXXXXXXXXXX. Case Number: XXXXXXXXXXXXXXSTATE OF MICHIGAN 58 th DISTRICT COURTORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATIONPLAINTIFF(S)Portfolio Recovery Associates LLCWeber & Olcese, PLCMichael J.
Olcese (P46247)Attorneys for Plaintiff3250 West Big Beaver Road – Suite 124Troy, Michigan 48084248-816-8111VsDEFENDANTXXXXXXXxThe foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED:GRANTED / DENIEDThis day of , 2015By: Judge of the State of Michigan 58 th District Court. @LanLanLan @shellieh98Read carefully the following section of the Agreement you quoted in post #18:What claims are subject to arbitration. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Gap Inc. If it relates to your account, except as noted below.
We will not require you to arbitrate: (1) any individual case in small claims court or your state's equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.
Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence).However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
Affidavit Of Denial Of Debt Pdf Online
.Res JudicataA matteradjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. A phrase of the civil law, constantly quoted in the books. Rules that final judgment or decree onmerits by court of competent jurisdiction is conclusive of rights of parties or their privies in all later suits on points and matters determined in former suit.
And to be applicable, requires identity in thingsued for as well as identity of cause of action, of persons and parties to action,and of quality in person for or against whom claim is made. The sum substance of the whole rule is thata matter once judicially decided isfinally decid ed.THE WRITS ON THIS PAGE AREOF NO COST!!AS THEY ARE FREE TO STUDY AN D TO UTILIZE.However,an OPTION has been placed on the site for those who have REQUESTED it, and are looking forassistance with Reviewing and Correcting their P ersonal Writs outsideof the Writs on this site that are free. They themselves have prepared their own Writs andthey themselves desire to have them reviewed and corrected prior to they themselvessubmitting them. This review assistance is for the purpose of content, lawful concept, spelling, grammar,continuity and unity as best as can be advised. Many who have taken the initiative inwriting their own personal Writs have taken a big step and not only have they REQUESTED this service, they are willing toprovide compensation for it, as they find it to be honorable and worthy and NOT dishonorable.
Bey Publicationsdoes not receive compensation or donations for this service. It is referred to competent natural beings, of which weattest to their validity of knowledge. Posted 18th day of December 2012.In Regards to 'Boiler Plates' and 'Paper Terrorism'.It has come to our attention that many ofthe usurping defactos, municipalities (Roman Venues), courts, government entities, etc. Have declared that 'Moors'are utilizing 'boiler plates' from websites and such 'Writs' are not to be received by 'them' for thatreason. Let us with a reasoning mind, think about the FACT that there exist nothing but boiler plates when dealing withthose same entities. When utilizing an attorney, when going on a so-called government web-site; what is there but 'BoilerPlates' and forms to be filled out? These are assertions intended to discourage one from moving forward withexercising their rights and remedies.However, the most important and impactive problem you may experience is to submit a Writ that youyourself do not overstand, inner stand and understand.
This is usuallybecause you have not read it. Many think there is a 'silver bullet' that they can shoot, yet do notknow how to operate the device. This is attributed to a mind set that is looking for a saviour outside of themselvesstudying and casting their own 'spells'. This is the direct effect of the 'spell' of the Christian Crusades, in otherwords a European mindset and not a Moor National mindset.Note:When ask 'Do You Understand' in a court, know that that question in its terminology is a 'lawful' question, answeringit 'yes' means you stand under the jurisdiction and thereby submit to their jursidiction. At the point that theyrealize you are NOT submitting because you have answerd 'No I don't undertand', they then turn the question intoa comprehensive question and will suggest that you need a psychological evaluation because you don't understand.DO NOT be shook by this, as this is the trickery, deceit and fraud.
They just attempted to flip the script.The answer to that from you is 'I object, I am not suffering from constitutional psychopathic inferiority.Constitutional Psychopathic Inferiority: Individuals who show a lifelongand constitutional tendency not to conform to the customs of the group, and who habitually misbehave, and have no sense ofresponsibility to their fellow men or to society as a whole. These individuals fail to learn by experience andare inadequate, incompatible, and inefficient.Per the definition, many of us have and still do in fact suffer 'constitutional psychopathicinferiority'. We the people, are not anti-government! There exist many so-called governmententities that are in fact anti-government. We support and encourage support, of the North America Republic Constitutionfor the United States of America. The only lawful form of government in this modernly referred to ‘American’Land, and in all the states in the Territory, is a Republican Form, which is guaranteed protection for all as statedin the Constitution, Article IV, SectionIV. To affirm for yourself, review the oaths ofany and all Trustees/ Public Officials in your local city hall, county, municipalities, state and federal operations, etal.
Each and everyone of the agents, representatives, public officers are Trustees and they takean Oath to uphold the law of the land. Their 'authority' is derived from it. They CANNOT createANY ordinances, statutes, rules, etc., that violate the laws already established as their guide as to how to behave and interactwith the natural people and other 'citizens'. (See Article VI). Their Oath is a public obligation.State Governments are but Trustees acting under a derived authority. 4 Wheat 402Anyone who denies or abrogates the law of the land is the 'LAW BREAKER'.
T aking the Oath to the Constitutionis what gets a Government Official / Trustee/ Public Servant in the seat in the first place. Failureto uphold the law and the Oath to it, and any violation made against the law of the land, is warring against the people. “.Nostate legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” Cooper v.
Aaron, 358 U.S. 1401 (1958).“The court is to protect against anyencroachment of Constitutionally secured liberties.”Boyd v. U.S., 116 U.S.LACK OF TAKING OATHDoes not exempt anyone from the Lawof the land.Whether they have or have not taken the Oath, they are bound by the Laws of theland, (as are the people) and if they are sitting in the ‘seats of government’ ie. Public officials, Officersof the Court, etc., and are violating the established rules of law, then they are Impersonating an Officerof the Court / Inpersonating a Government Official / A Public Official / Impersonating a Trustee.They are imposters, Therefore, they can be charged and found guilty of same, or guilty of Treason, which ishighly penal.
(particularly by the International World Criminal Court) of such violations. Moors issues are INFACT Inter national. If they have taken the oath or not and abrogate the laws of the land, thenthey have no authority over the people what-so-ever and/or have quit their job, their fiduciary duty to the people.Prima Facie evidence of same is found easily in the documents (paper) they submit in written form from their perspectiveOffices which deny the people's rights and remedies. Even more impacting is when they submit judicial decisionswhen they are NOT a valid judicial court and DO NOT possess lawful jurisdiction to adjudicate uponthe people. Their acts are 'paper terrorism'. The submission of such papers from them is frivolous andis 'paper terrorism'. When they deny your rights and refuse to accept your lawful paperwork that scribes yourposition on paper, they are committing paper terrorism because all lawful intent must first be given via 'Lawful Notice'.That is why you MUST submit the same.
You also must recognize that they give 'Notice', which is notice of theirintent, however you must Rebut it, if it is not supportive of your position or if it is unlawful intent. So, are theyafraid of getting a paper-cut?, is that what they are calling terroristic?
Their refusal to acknowledgeNotice(s) / paperwork from you, the people, of which they are a public servant for, renders them treasonist, rendersthem the ‘paper terrorist’ and rendersthem as the law breakers. All who do notknow this are ignorant of the Law. All who do know and insist on proceeding outside of the established Law of theLand, are anti-government and are committing Treason!! Let's look at the case lawsregarding Defective Writs. Upon doing so, you will see who the paper terrorist really are. Whereas, Supreme Court decisions are “Stare Decisis” upon ALL Courts, including Municipal tribunalinferior courts, one must take into serious consideration that most all of the paperwork received from these tribunalsare Void and are prima facie evidence of ‘Paper Terrorism”. Belowis a PDF containing what a Void Judgment is and Supreme Courts Decisions regarding Void Judgments.After reading it, you will ascertain on your own that those courts, tribunals who are submitting Writs of Judicial Decisionsare in fact submitting defective writs and frivolous documents and they are the 'Paper Terrorist'!The Natural people must begin to lien those who order them and execute them in both their private citizen capacityand their professional capacity.
Read the United States Codes: Section 15 for rules regarding adminstrativeprocesses. Keep in mind that these courts are adminstrative at best (unless they produce / show a Delegation ofAuthority from Congress, pursuant to Article III of the Republic Constitution FOR the United States of America (The SupremeLaw of the Land). This Delegation tells you what they have jurisdiction over, if any, because it is already established.The Legislature DOES NOT grant judicial authority to administrative courts, unless done via the Delegation from time e, totim ewhich means it could be a time senstive authority, only for a certain period or for a certainsituation for a certain time ONLY! Administrative rules are NOT for the natural people, and they must indicate who theyare for. Usually they are for federal employees -, which are the public servants ONLY!There is a sanction against them for instance as stated in USC 15, wherein if they have a Summary Trial and Judgement without1.
Getting permission of all parties - that means you. If they don't produce (prior) the bonds of ALL Officers of the Court who are to beinvolved in the summary trial. It is like a mal-practice insurance. The sanction is $10,000.00 per court officerinvolved in the process. Yet, many who are perpetrating aren't even officers. What they have been doing allalong and still do is have Summary Judgements without due process, without a jury trial. This is probably the easiestthing they could have perfected in the wake of lack of knowledge of the people, as the people have a responsibility to thelaw and to upholding and enforcing it.
Certainly in making sure they are not violated, as ignorance of the laws beingno excuse, works both ways. The definition of a civilian is one who is skilled in the law. The complexity is notknowing what law is and what law is not, thus, not knowing that the law is really simple. The greatest right is theright to be left alone, provided you do not infringe on anyone else's right to the same. Thus, there MUST be an injuredparty / complainant / accuser / or there can be no sanctions against you. Someone MUST be sitting in the accusers seatand it cannot be the State of anything. Besides, if it were the state, all controversies regarding a state are to beheld in the Supreme Court where original jurisdiction rest. PETITION.A written address, embodying an application or prayer from the person or persons preferringit, to the power, body, or person to whom it is presented, for the exercise of his or their authority in the redress ofsome wrong, or the grant of some favor, privilege, or license.
Hildenbrand, 52 N.D. 533, 204 N.W.356; Benton Coal Mining Co. Industrial Commission, 321 Ill. 208, 151 N.E. 520, 522; In re L.M.Axle Co., C.C.A.Ohio, 3 F.2d 581, 582; State v.
American Sugar Refining Co., 138 La. 137, 140.Who are you addressing to give authority and power to and asking for permission from?You are always a Claimant or Counter Claimant or an Affiant, one who writes an Affidavit – A Writ. Respondent and Petitionare colorable.A Suit is assumption of violationor breaking of agreement or of law and it is usually served upon you without due process.Most Courts operating today, are a Private corporation doing business out of the Federal Courtor a building, sometimes a Federal Building (literally renting space there), but they are not the Federal Court. They possess a tax ID number and an incorporation date.The 9 Supreme Court Justices have a mailing location at D.C. The Supreme Court of Commonwealth at Philadelphia is the only lawful court in the land, as Congress adjourned in 1861.However, you still need to be sure you are not in a rented meeting room that is not a lawfully sanctioned court room withoath bound Officers. Also note to yourself the following:“Officers of the court have no immunity,when violating a Constitutional right, from liability.
For they are deemed to know the law.”Owen v. Independence, 100 S.C.T. 1398, 445 US 622.
We take this opportunity to remind you all again that the Writs on the ‘Writs of Freedom’page are intended to serve as beacon lights and examples of expressing the Law. The Writs don’t necessarilymake you ‘Free’. It is your own Comprehension, Mental Status and ability to express the factsthat set you free. The divine lessons that are really at the root of the Moorish Divine and National Movementof the World, helps a lot and are absolutely necessary.
Such as the Circle ‘7’ Holy Koran. The Noble Prophet Drew Ali is absolutely accurate in the instructions of Chapter 3 – ‘The Unity ofLife’, wherein he emphasizes the issue to “ STUDY!, STUDY!, STUDY!, and when you have studiedwell and ask what to study next, I would reply study Yourselve s”.The lesson is impacting because a fact is a little bitof information is dangerous. It is usually the half-informed who fall into the snares set for fools.Therefore, we stress again, that the Writs assist you only. They do not necessarilysave you. You save you.
If we look again at the Chapter ‘3’ lesson, Noble DrewAli stressed the fact, If man would find his Savior he must look within, his name is Self; and if man were to find his Devil he must look within, his name is Self.Thus, we honorably ‘state for the record’ we are thankful for anyassistance we may offer in making your life experiences Moor bright, and we urge you to remember in all of your affairs thatevery Natural Person is held liable for the Documents they put their Pen on, unless their mental status is that of a 'minor'who is incompetent. Updated 18th day ofDecember 2012.About The Writs On This Page and Throughout This Site.These Writs are forthose with a National Mindset and Consciousness. They are made available for Study, Review and Application.Proper use comes with overstanding, understanding, followed by the innate power of inner-standing, which meansyou 'got it', and you are not wrongfully thinking that paper-work defines you, or who you are; it is a brief regardingyou, who you are, and defines your position regarding a matter.Being aware that there may be some who attempt toutilize these Writs, without the innerstanding, thus may find 'they don't seem to work', as only they will, if you'wear them with honor', and are able to stand on them squarely, upon any challenge. You must knowin your heart what is being stated, as you are stating it, and you will be challenged spiritually as well.
Wordshave power, and assist in creating your reality.The Greater Truth is that there ought to be (more)Organizations, and Aboriginal Law Associations / associates that exercise the 'Protocols Of Liberty'.The only true Lawyer, is one who upholds the true and Supreme Law, which is the Constitution. Thus, one may saythey are a Constitutional Lawyer, of which, there essentially is no such thing because the Rule of Law is derived from the Constitutionand is universal, common to all, thus commonlaw can NEVER be extinct, because the Law is based in common principles.All Law and all authority is derived from the Constitution.
All Judges, and Officers of the Court take an Oathto uphold it and derive their Authority from it. The Constitution does not list the unalienable birth rights thatyou are born with, it preserves, protects and secures them. Governments are in place for the sole reason of protectingand preserving the rights of the people.
In Propria Persona: Inone’s own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be pleadin propria persona, because if pleaded by an Attorney they admit the jurisdiction, as an Attorney is an Officer ofthe Court, and he is presumed to plead after having obtained 'Leave', which admits the jurisdiciton.Once one becomes a client of an Attorney, they also become by default a 'ward of the court'.A Lawyer is a 'Law-Man' or Lay man and a civilian is one who is skilled in the law, therefore onewho is an attorney is not necessarily one who is skilled in the law. Things are considered simplified when onesays in 'lay man terms.' , meaning in 'law-man terms'. The Law resides with and within you, asyou are the Law. A good question to ask yourself is what is an Attorney-at-Law? Itis just what it states, one who is practicing Law, it denotes 'color-of-law, a symblance of that which is real, but isnot the Law.
Law is common to all and there is no license to practice law, or to exercise your Rights.Thus there is no such thing as a 'Licensed Attorney'. He or she may have a 'bar associatin membership card,but that IS NOT a license. The definition (above) of one who is 'in propria persona' (proper person / naturalperson), brings forth the truth regarding an Attorney.And there you have it. An Attorney is a Bounty Hunter with a suit and tie on. He bringsyou before the Court and Leaves you there. Thus the Court has Leave over you (another way of sayingthey have jurisdiction over you). An Attorney is an Officer of the Court,thus his obligation is and always will be to the Court first and not to you.
To add insult to the injury, or tothe corruption, the Court he is obligated to is a defacto court, a colorable court, operating in Collusion, and in color-of-law. Thisis more reason why you cannot utilize an Attorney. An attorney speaks for inanimate objects, corporations, who cannotspeak for themselves.
He or she possesses a Bar Association Card, which is a membership card - it is nota license, besides a license to practice law does not exist. As well a license is permission todo something that is otherwise unlawful. Utilizing an Attorney admits you to their Jurisdiction, which is ABSOLUTELYinferior, they have no jurisdiction over you. They are inferior Courts and as such they possess no delegationof authority because legislation DOES NOT give administrative courts judicial powers. Boy, have we been duped!
Municipalcourts, Administrative Courts, and Officers of such Courts, administrators, Agencies and agents alike, etc., operate underColor-of-Law, even though they have taken an Oath to uphold the Constitution, and the laws of the United States (USCCodes). They have created a colorable jurisdiction, as they have no Jurisdiction over the Natural Person. Colorable persons or fictitious, persons,corporate persons, chattel property, fall up under their colorable jurisdiction.
This is why it is so very importantto Declare your Natural Status. Their authority is over those who are in their Jurisdiction, who subscribe to them,i.e. Union States (U.S.) Citizens, corporations, those who are labeled Indian, Negroe, Colored, Black, etc.
Thus itis necessary for you to Declare that you are not a corporate person, nor are you a member of the Union States Society.This is done through the universal process of Nationalization. First you must be a National, then you can Nationalizeor do Inter-national trade, activity, etc.
And claim your inheritance, your lost estate. Declaring your Nationality indicatesyour natural status and links you back to the human family and the Family of Nations.There is a need for people to overstandthe 'Rudder and The Sextant', which is an explanation of the operations or navigation of protocolsand governing principles, as the 'Great Seal Association' was established for that purposeto affectuate those measures. These principles must be activated as a group Association with qualifiedassociates. Dues can be taken, particularly for a 'Defense Fund', for anyone who is in need of protocolsbeing expressed, i.e., they have been kidnapped, and (a National) on the outside can speak for them as Consul (ArticleIII).
However, this doesn't mean they are actually a friend of such colorable Courts, which is why one mustbe careful in making that statement especially for the record of a colorable, defacto tribunal. This means theyare a friend of Law and Due Process of Law. They can speak for another, however they can never represent another.They can enter documents into the Court and make Lawful Demands to the Court, on their behalf.
Thatactivity is what Nationhood is.Writing is 'spelling', casting spells, as has been executedupon the masses for domination and control. (save the physical force), which is cloaked behind the act of makingoffers in writing to coerce you towards making a commitment that you don't have to make. This makes the intentof domination easier. Failing to respond in Law indicates that things stand, because there is no rebuttal,no response. This is why often you are given 10 days, or so, to respond.The offers that aremade to you do not have to be accepted by you.
However, you must respond to those offers inwriting. Although the written documents you receive, or that are placed before you to sign, may be written withan air of authority, it does not mean that the agency, association, etc., who wrote them to you, is the authority,or holds any authority over you. One must prove such authority to you. Upon that proper request for them to provetheir authority, you will find the authority they appear to have, does not exist!Writs are a matter of Lawful correspondence. In fact always head everything as an 'Affidavit'- not a 'Motion'.
A Motion gives them the option to refuse it, as it is in most corporateor social membership meetings, a Motion needs to be seconded, and if not, it does not stand. You must respond andcorrespond in Law, in writing with Affidavits, as in an 'Affidavit of Fact', or Affidavit of Truth, then chooseyour subheading as it relates to the matter you are dealing with, i.e.
'Demand For Dismissal', 'SummaryJudgement', 'Cause Of Action', 'Right Of Action', 'Judicial Notice', 'Writ In Nature OfDiscovery', (Bill Of Particulars), Name Reclamation', etc.A Ticket/ Summons is a Suit against you, you must counter it Lawfully. Although it has been presented unlawfully,because the person who brings suit against you cannot serve you too, and they certainly can't also be the witness forprosecution. Many hats a simple police man (policy enforcer) wears while his actions are a violation of separationof powers. By doing so, he is acting unlawfully in both his professional and personal capacity, and / is actingunder the Color-of Office and Color-Of-Law. Often, particularly regarding traffic, Officers are acting as 'CollectionAgents, for other agencies, and are taking action against you for a supposed debt, or 'failure to pay' a contract(that doesn't lawfully exist), usually a surcharge, which in itself is an unlawful impost. Therefore, at the momentof hindering you from traveling, he is acting as an agent for an agency, and not as a public trustee.
This is the gamethat has been used against the people to exploit them while also violating their substantive rights.There is Law (proper), and there is, a semblance of that which is real-yet is not. This they practice daily upon themasses. There is a Corporate Person, (a corporation), and there is a Natural Person (You). A NaturalPerson can be injured, and when injured, remedy exist. In fact,unless there is an injured party, there is no violationbefore the court for you to seek remedy for.
You can only either injure a body, injure property, or breacha contract. Anything outside of that is not an injury and it violates your right to be left alone, to do as you freelywish, provided you do not violate anyone else's right to the same. Yet, a fictitious person or corporation cannot beinjured.
There are two different 'Persons' at Law, and you must know the difference and know which one youare or are not.A Corporationis a 'Person', (Corporate Person), and then you are a Person (Natural Person). In Law there is meaning 'dead in the eyes of the Law', and there is thus one has Rights, which are preserved in Law (Constitution). Start to utilize theConstitution for your preservation of Rights and your immunities. Get a law dictionary to look up these terms. Youmust be conscious of the fact that you are a Natural Person by Nature, not a branded or labeled Person,such as Negro, Colored, Black, African-American ( which is an identification of two continents),and is a Corporate or fictitious Person. These brands and labels that you may claim, if that is what you are claiming,are not a part of the human family, thus have no Rights to be preserved for them or for their posterity. Your acceptance of assumed authority and policies as Law, when theyare NOT Law, makes them stand, only for as long as you do not rebut them and when you continue to make and sign contractsor agreements regarding them.
They don't stand just because the agency, corporations, association,etc. Says so -they stand because you say so, by not rebutting, not responding and not rescinding signatures ifand when necessary. Therefore you become a party to them, a party to the fraud.
If there is no response from you, it means things standas they have stated, assumed, or coerced and put in writing (spelled). Usually you then sign whateverthey have put in writing, therefore, again, you are a party to the fraud.
When you do sign something,it is usually under Threat, Duress and coercion (T.D.C.). Anything done under threat, duress or coercion cannotstand in Law and is 'void'. You must indicate the threat with your signature. If you do not spell it 'threat,duress and coercion out, you can simply put 'T.D.C.' , which indicates you were under threat, duress and coercionand your Rights were being violated by force.
Generally and at a minimum, as a rule, you mustsign any and all things with 'all rights reserved', or ou can put A.R.R.,so that you can manage your way out of anything that in fact abrogates your rights, with hidden adhesions, meaning theyare under non-disclosed conditions and if something is done without full disclosure, it is by law considered a void agreementor contract.Important Note:some say they are told they cannot sign 'all rights reserved'. This is absurd!No one can tell you how to sign your autograph. This is clear indication they those who told you this are intentionallytrained to deprive you. Even if it is part of their 'job-training' therefore they can claim they didn't know, stillthey are depriving you, and ignorance of the law works both ways. What authority do they have to tell you how to signor autograph? They need to receive from you, a 'Notice of Violations' to them personally.Signature: Theact of putting down a mans name at the end of an instrument to attest its validity, the name thus written.A 'signature' may be written by hand, printed, stamped, typewritten, engraved, photographed, or cut from one instrumentand attached to another, and a signature lithographed on an instrument by a party is sufficient for the purpose of signingit; it being immaterial with what kind of instrument a signature is made.
Greenville County,188 S.C. 349, 199 S.E. Maricopa County v. Osborn, 60 Ariz. 290, 136 P.2d 270, 274.And whatevermark, symbol, or device one may choose to employ as representative of himself is sufficient. Bonawitz, 73 Neb. 622, 103 N.W.
327, 339.SignatureManual: An autograph a signature; specifically, the official signature of a sovereign, chief magistrate,or the like, to an official document as letters patent, to give validity. Webster, Dict; Wharton, Law Dict.You and I, are not intending to violate anyones policies, however,we are not going to allow anyone's policies, statutes and / or ordinances to violate our Rights. This is upheld inthe. They can make statutes, policies, and ordinances all day long, however if those statutes, policiesand ordinances violate the established rules of Law in the Constitution, they are not with standing(unless you are willing to agree they are).So state your position in writing, and caste your 'spells'well. Know that all contracts are an offer that you may refuse, counter, deny, or accept, howeverit must be done in writing - 'The Writ' - the Spell-ing.
Affidavits.It is ultra important to understand that you must head everything you submit in writing with'Affidavit of Fact', because they can, and they do deny a 'Motion', as motionsare discretionary and applicable to colorable courts, ordinances, statutes and codes, but not to LAW. Furtherit applies to corporate, or colorable people (negroes, coloreds, blacks,etc.) because it is a discretionary action that canbe and usually is denied!
Denied!Note: As in a meeting, a motion requires a second and can be deniedwithout even being looked at, as these lower courts often do. An Affidavit of fact cannot lawfullybe denied, and must be visited and either answered or rebutted, otherwise it stands as Truth, or, if it requires an answerby the court, it creates an injunction, and the court cannot lawfully move forward until answered. UpdatedFebruary 1, 2016.These are the First Two Writs you want to effectuate and have SealedPleaseReview the Samples Below Before Filling Out and printing.When filling out the Name Declaration and the Judicial Proclamation, please DO NOT hand writeyour information.
Fill -in where indicated by boxes. Below are the Documents and thesample explanations of how your documents ought be filled out.
One is the 'Name Correction' (Document #1) and theother is the 'Judicial Notice and Proclamation' (Document #2). DO NOT PROCEEDUNLESS YOU HAVE READ THE INSTRUCTIONS FOUND ON THE NATIONAL IDENTIFICAITON AND PROCLAMATION PAGE. Updated August 21, 2012.WRITS OF DISCOVERY:InGeneral, a Writ of Discovery is for the purpose of you asking and obtaining information that theyclaim they have against you, so you can lawfully prepare a Case for your Defense.
(However, in most ofthese colorable courts, there is no lawful Case and you are not a Defendant, but an Alleged Defendant). TheWrit of Discovery ask for information and gives a time frame for them to answer. All - meaning each and EVERY questionasked MUST BE ANSWERED. To fail to answer any one question, is a failure to answer all questions. Thus, theirfailure to answer is an automatic Default, as well, if they fail to answer, they are depriving you of the ability todefend yourself against their allegations.
(Prior to Default, you must put in a 'Notice of Default', as lawfulcorrespondence are a matter of 'Notice'. Even unto a so-called warrant from a municipal court (as a municipal courtcannot issue a warrant, what they are issuing is a 'Bill of Exchange' as that is the definition of a municipal warrant. Ifyou read it carefully it says 'Notice of Warrant', now they are waiting to see what you do thereafter to injunct theirprocess. Most agree that it is a warrant and most don't do anything to combat it.
Read Article IV of theConstitution to know what a warrant is supposed to look like. A warrant must be issued by an Article III judge,not a Magistrate. Both the so-called Judge and the clerk of the court are responsible for defective writs; the magistratefor ordering it to be issued and the Court clerk for issuing it. They make offers all day long, and if left unansweredit becomes an action by Default, because it was never addressed by you for what it is, which is usually a threat and an unlawfulact on the part of the so-called Judge / Magistrate and the Court Clerk. Everything you do must be donein writing and have the ticket/summons/suit number on it and an Exhibit number on it, as this makes it evidence in the matter,and no one can tamper with evidence. Do so in writing and let what you spell (Writs) speak for you.
Moreand more we recognize that we are to ENFORCE THE SUPREME LAW OF THE LAND!, and not allow anyone to violate it against us,as it preserves our Rights of Due Process of Law. UPDATE - UPDATE:21st day of August, 2012With the pace picking up due to Moors being active and acquiring knowledge, all correspondences to a ticket/summons/suitthat has been served upon a Moor, need be responded back with the Moor being the Claimant, as in counter claiming.
Suchclaim ought to counter the jurisdiction wherein they state ' in the jurisdiction of whatever state,county or municipality' with the Moor stating their claim with 'in the jurisdiction of my ancestral estate /national domicile -North America.' This melts all corporate feigned paper boundaries, as the entirecontinent is your ancestral estate.Please do so in your Writs.We have replaced Plaintiff with Petitioner AND, we have replaced at the bottom of the page regarding #8 - 15), 'Plaintiff'with Respondent / 'Defendant'. In #8, any Respondents or Defendants, Corporate or Natural, Partiesto be found guilty would be listed as 'Respondents' or; Defendants on 9 thru 15.The use of Respondent / Defendant is contingent uponwhether you are making an initial suit, or if it is in regards to countering a matter or claim made upon you already,therefore you are a counter claimant and not ever a defendant. If you were to use 'defendant' you would use 'allegeddefendant'. You would then become the counter claimant because you are countering their claim.
If you are makingan initial suit, you are the Claimant (refrain from using Petitioner) and those who would respond to your claim wouldbe Respondents, as you are making your claim to sue them and they must respond. If you are responding to an existingmatter or claim against you, then they would be the Respondent or Defendant.Affidavit of Financial StatementThis Writ is to be used whenever you are requested to submit finances for court filings. Courts attempt tohinder your judicial consitutional rights by requiring a filing fee.
However this hinders your due process of law. TheConstitution states ALL debts must be paid with gold or silver. Filing 'In Forma Pauperis'affirms you have no gold or silver in which to pay, and thus relieves these restricting demands and ensures yourcontstituional rights to due process.Update 21st day of August, 2012CONCEPT CORRECTIONS IN REGARDS TO THE FACT THAT YOU ARE NOT A PAUPER. The attachedWrit is a Financial Statement, however you are not a Poor Man Pauper.WHEN YOUR 'IN FORMA PAUPERIS' ISDENIED!The following Writs are anAnswer to the Courts, who have denied your 'Informa Pauperis. There are two Writs: a 'WritOf Error' to the Disrict Court who insists on calling your 'Affidavit' a 'Motion',which is 'Tampering With Evidence'. The Second Writ is a 'WritIn the Nature of Discovery' requesting them to produce their Delegation of Authority higher thanthe Supreme Law. Of course, they cannot ever produce it, because there is no authority higher thanthe Supreme Law, and that is where their authority is derived.
It becomes clear that they are violating theLaw, and their limited authority (Amendment IX). They are acting or performing under 'Color-Of-Law',which is a semblance of that which is real. It is up to You (the People) to ENFORCE THE CONSTITUTION againstanyone who violates it against you.