22 Jan 2015 16:25:48
Hey Ed033, most of the files I had on the lawful vs legal argument have been corrupted and are thus unusable. In an act of synergy this so happens right at the time I need them. I need your opinion on some matters, while unconditionally accepting the disclaimer at the top of this page in regards to the site's contents, the contents of this post and the contents of any response I may receive.
I have received a summons to court in which they will be trying to enforce a court decision, that was reached in my absence. The matter involves a debt incurred through purportedly a loan. This "loan" was issued to a person which has sense then filled for bankruptcy. As a guarantor (oh the silliness of youth) along with two other people, we have been ordered to pay this debt.
Burring my head in shame, I never got through with actually filing my affidavits in the public record, establishing I as the general executor, general beneficiary and general guardian of the legal person of my name. With Dean Clifford getting kidnapped I decided to wait. Evidently, mistake number two.
In this current condition the best course of action for me to follow would be, as I understand it:
1)Reject and return the summon. File copy of rejection in public record.
2)File affidavit establishing my claim in regards to the strawman.
3)Contact the bank, requesting confirmation of whether this was a loan or credit facilitation services.
4)Contact the bank, stating that monthly payments will be made in a show of good will. (once they have responded to the first question?)
5)Enter an affidavit in the public record, stating that the bank has never contacted me to resolve this matter and has itself chosen to escalate this matter in court.
Is it too late for some of these steps as the court decision has already been issued?
From my understanding the only way for them to make decisions concerning me in my absence, is to have used legal fiction and established themselves as executor and beneficiaries of the legal person. Is the court decision reversible once I question their actions and their role, and clearly establish mine?
zari
It may indeed to be too late.
i don't know anything of this situation so i'll have to guess:
i see 2 possible immediate actions you can take because court is only as a last resort if the parties can't agree amongst themselves.
1. If you have the ability to, send the other party a small amount direct into their bank account and then write to the other party saying, to show your good faith, you have already sent them some money and ask them to show good faith by verifying their claim against you. Tell them that if they can verify their claim, then you will honour the claim and discharge the debt to the best of your financial ability. Also include a cheque to show more good faith.
2. Write to the court (to the ‘judge’ of the up coming case) and say the following:
Greetings, i, a man require of you to drop the case because there has been a mistake as a secret hearing took place (give the details) about me without my knowledge and without a cause of action which has led to this new hearing. Also, i, a man require the case to be dropped as i am still discussing remedy with the other party and i have already sent money to the other party to remove controversy.
What you're looking for is a response from either the claimant or the 'court' which stops the up coming hearing. You require a response to know what to do next.
It is an unsecured loan, which I should of mentioned. Also, I did not receive the summons. They threw it under the door at my mother's house, after she informed them that she cannot receive documents for other people and shut the door.
I will keep you informed on how this situation evolves.
This might be too much to ask, but could you guide me through my mistakes in regards to handling this? Or the procedure I should have followed to begin with?
If you require more information please ask and I'll be as transparent I can be. It may be of use to me again in the near future seeing as the crucifictions have began here.
For all the reading I've done on legalese, I'm still at the abcs.
Also, by writing addressee deceased would I be implying improper deposit for receipt of mail, which would translate to me being afforded time to properly deal with this.
Or something more drastic such as civil death and the government assuming liability for the legal person?
Forgive my ignorance.
zari
Have private debt collectors bought the debt and are claiming collection on behalf of the bank?
If so, you should have sent them immediately after they first wrote to you: -Â Letter 1 to debt collector
When they wrote back, fill in as appropriate and sent them Letter 2 to debt collector
Debt collectors typically write back a further 5 times before giving up or passing/selling the alleged debt on.
When they write back, you can either ignore them or send them letter 2 with an updated invoice amount.
It would be good to go into the court with ID and tell them you don't want any advice just to know who's signature appears on the Summons and ask for info on the previous secret court hearing about you that apparently took place without you being informed or invited.
It's also important to tell the person you speak to in the court that you want to swear out a Statutory Declaration under Section 142 of the Magistrates Court Act 1980. You can swear out point 5 in your initial post i.e. stating that the bank has never contacted you to remedy this matter and has itself chosen to escalate this matter to court without your knowledge or invitation. You swear it before a justice of the peace or equivalent. The Statutory Declaration is used to void the original hearing you didn't know about and weren't invited to so that the hearing can be re-listed and you can attend it. It doesn't matter if the court say they're too busy to do the Statutory Declaration as you can go to any solicitors office and swear it out for a small fee.
It's also probable that the next court hearing is a final summary just to say you have lost and pay up. You need to know whether you can enter a counter claim or not.
If you wanted to, you could scan or take a photo of the documents that have been sent to you. You could place a blank piece of paper over the areas you don't want me to see. Then use photo editing software to scale the image size down and upload them using the picture upload form so i can see them and have a better idea of what is going on.
The idea of writing addressee deceased is firstly they are writing to a dead entity not you the live being anyway but it's an attempt to at least postpone the next hearing. As you may need to figure out exactly what's going on first
I don't think it's a collection agency Ed033. The plaintiff on the documents is the bank itself. How would I know for sure?
I do know that the summons is not signed by a judge but by a court clerk. When I inquired about this I was told the law was changed not long ago to allow this, which sounds like bs. If it indeed was bs, then it would mean that this is an internal tribunal and they want me to appear as a public servant.
I will move forward with the statutory declaration and the other two suggestions from the previous post 1)payment of good will and letter to bank and 2)contacting the court.
Listen to this for a company policy. Because there is a law that states that people cannot be jailed for debts here, they get court orders against them, wait for them to miss a payment and throw them in jail for not understanding the court order.
zari
If the plaintiff is called 'xxx bank', then if you end up going to the next hearing, then you will need to put some paperwork into the court file and then check just before the hearing that the paperwork you filed is still part of the case.
The paper work could take 1 or 2 forms imo. In UK i'd go for no.2 i.e. Karl Lentz method:
1.) The paperwork would want to: a.) ask what is the cause of action? b.) ask where's the controversy now you've discharged some of the debt? c.) Say you're being honourable by trying to reach a remedy with the plaintiff, while they are being dishonourable by not attempting to reach a remedy with you. d.) require the plaintiff to prove they lent you money rather than performed credit facilitation services.
2.) The paperwork would want to contain something like:
i, a man require the plaintiff appear in court to speak in living voice to verify their claim against me. i offer remedy to the plaintiff’s verified claim.
So in theory if the plaintiff ('xxx bank') does not appear then no plaintiff = no case. Obviously 'xxx bank' cannot appear and speak in living voice.
If the person that took out the debt send them a payment, they would have no standing to prosecute me since the loan is serviceable, correct?
That way I would have some time before they come at me again to properly resolve the matter.
zari
It's definitely worth attempting it though and it's definitely worth them and / or you contacting the bank to see whether you can still reach some remedy with them especially after a payment has been made to them.