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I have been reading for a while, there are a couple issues I haven't had an "ah-ha" moment to understand. They are "lawful money and record forming.
I am having trouble getting justice court to acknowledge my R4C's, judge ignored my fraud on the court notice and has set default judgement and sent me coercive threat letter to pay fines anyway. I could use some help please.
~Barly
Hi Barly;
It is good to Refuse for Cause any presentment, and this shows your objection clearly. Integrating record forming and even getting aside from the scope of debt action in assumpsit through redeeming lawful money can augment your right of refusal.
I have been looking forward to finding some time to develop this concept, that somebody will have awkward perceptions about the limitations of Refusal for Cause.
Barly, your posts are so vacant of details that I will presume that justice court is akin to a common law small claims court. But let's even suppose that it is a civil court operating on criminal statute, which means we cover all the courts operating in America. One can use R4C very effectively on civil processes but one must be clear of contract. This is where Redeeming Lawful Money plays the crucial sanctification. Record Forming is how you make sure the "exclusive original cognizance" of the United States Government publishes your demand for lawful money. Knowing your true name is how you keep your mind out of the clutter and conditioning that flaws your identity (relationships).
So if you are not in contract constructively through various assumptions (assumpsit), and there are no express (written) contracts you can typically R4C and it goes away. No attorney will see any profit in coercing a contract. This leaves that if you are in contract somehow, maybe from before you began redeeming lawful money, then you can utilize the record forming to assure you that you will "get your day in court". That is to say, the officials will have proper oaths of office and that they will adhere to the bills of rights found in the constitutions in the entire process of prosecution and trial.
Regards,
David Merrill.
Thank you David, I will clarify.Quote:
Originally Posted by David Merrill
I was issued a speeding ticket in OR on my valid WA driver license. I immediately R4C'd it to the sheriff with a cover letter and attached certificate of mailing, stamped by the postal clerk via certified, registered, return receipt mail. The same day the R4C was signed for I was sent ANOTHER ticket for driving while oregon license is suspended for failure to show proof of insurance (which I knew nothing about,and I am insured) yet the ticket was written on my WA driver license. I R4C'd that in the same manner. I then got a notice of hearing at the justice court (court of non record/ administrative kangaroo court) to which I sent a notice of "fraud on the court" x2 by the sheriff, pointing out the clerk enter a pleading in error as no pleading was made and the "matters" were R4C'd timely (enclosed copies) that there was no jurisdiction and motioned for dismissal by SPECIAL Appearance all rights reserved. Hearing day came and went and I have a letter stating I was found guilty by default in the case of "me" against the state of OR... pay up by July 20th. I hope I have adequately explained with all the proper verbiage. Also in the meantime have I corrected the "proof of insurance issue". Lastly, I truly do not understand the "lawful money" concept despite all the reading... the ah-ha! moment hasn't come to me yet.
~Barly
Speaking for the way things are in Colorado, the driver license is issued by the Department of Revenue. This collects an assumption that the Person is Resident. That has a significant meaning around endorsement of private credit from the Federal Reserve and in social compact (contract).
Another way to view this, accordingly with Colorado is that driver license card is a bail bond for $250. A traffic stop is a probable cause for roadside arrest and a police officer is allowed to release you on the presumption your future driving privilege is worth at least $250 to you.
There is a nasty plea bargain tactic called diesel therapy too. You do not want to be arrested and extradited between states over traffic stuff. You are facing a complicated nightmare to push this matter further. Pay it all up and then follow up by phone, even go check the Records room in both states and for all cases.
Continue to Refuse for Cause with an evidence repository as there is nothing legally it can do to prejudice you. But when it does not seem to function to clear a matter up, then get it cleared up conventionally. I have never seen it add a penny to fines etc. but if you push this judgment into outstanding warrants you will suffer greatly. From the details you give, this is another demonstration of that leniency. You seem to have incurred a strictly civil penalty while most states will issue a criminal warrant for your arrest, and sometimes even a felony Failure to Appear charge. So that is likely all you can hope for as a success story - the next police officer wondering why he is not arresting you on the spot and impounding your car.
I suggest you settle up.
Regards,
David Merrill.
P.S. I read your post again and edited this post to how I understand it.
Thank you duly noting your warnings. Such is that Oregon administrative justice courts are NOT courts of law... ie., they are NOT OF RECORD meaning everything that goes on there is not recorded other than the buttons on the computer pushed by the clerk. I understand it like this... the state actor (sheriff) gives you a ticket, files it in administrative court instead of REAL court, there is no jurisdiction until you go to the administrative court and present yourself and your ticket at the counter to the clerk, this is our pleading which perfects jurisdiction and it is voluntary (but they don't tell you). in doing so you have "arrested yourself" voluntarily entered jurisdiction to a civil proceeding on a criminal statute where as the non record court tromp on your rights and operates within civil procedure and criminal procedure at its leisure... you get railroaded because it is all about money, not carrying out justice. I know that my first action at summons to court is to not plead, and demand WHO ACCUSES ME, without a prosecutor or an officer having filed an actual summons, there is no jurisdiction and the case should be dismissed for lack of prosecution. However, the oregon system is structured to circumvent this detail, the clerk has no basis for entering a plea for me because there is no prosecutiuon so actually, there is no Default on my part. ANyway, the money is considerably more than $250 which I could care less about (tho can think of more satisfying ways to spend it) as I am more interested in cracking the unjust system so more people can be sucsessful. I also have the option of demanding appeal for procedural misconduct, thus the entire thing is not of record and it gets kicked up to the real court and we start over as if nothing was ever done in the lower court I will probably go that way and add the extra remedies which i do know of in an attempt to win. I also would like some help figuring out how I civilly sue the clerk, judge and sheriff for colusion in obstruction of justice and racketeering as the law says they are not immune for failure to perform their duties non-record or otherwise. I did several years back succesfully sue the sheriff in the county I lived in for unlawful seizure of my truck which took about 6 months to get back but I did,would have took less time except my "helper" died while this issue was inaction and I didn't realize then I could have demanded a default judgement but had to file a request for one.
~Barly
Federal prosecutor discovers Dept of Justice should really be called Dept of Revenue
Alleges Boss Pressured Him To Engage in 'Unethical Conduct'; Judge Calls Abuses 'Egregious,' 'Pervasive,” and “Reprehensible”
Read more at http://observer.com/2014/10/fed-up-w...#ixzz3H1CnbyZzQuote:
... Indeed, the Defendants’ motion informs us that a former Assistant United States Attorney came forward and disclosed that he believes that he was removed from the original prosecution by “his boss, David Shelledy, chief of the civil division in the United States Attorney’s office,” because he “rebuffed” pressure to “engage in unethical conduct as a lawyer.” Of course, like other former prosecutors who were unethical, Mr. Shelledy is to receive Attorney General Holder’s highest award for excellence—this week.
The defendants also reveal that another former federal prosecutor, Eric Overby, left the Moonlight Fire prosecution team also, stating: “It’s called the Department of Justice. It’s not called the Department of Revenue.” According to the motion, Mr. Overby told defense counsel that in his entire career, “I’ve never seen anything like this. Never.”
Well, sadly we have, and we’ve been reporting on it as fast as we can. This is part of a disturbing and rapidly increasing pattern of abuses by this Department of Justice to line government coffers or redistribute the wealth to its political allies—using its overwhelming litigation might and federal agencies as a tool of extortion and wealth redistribution.