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Thread: 72-hour rule/10-day rule?

  1. #1

    72-hour rule/10-day rule?

    Hi everyone,

    In my studying Refusal For Cause, I have noticed some emphasize to do the R4C within a certain time frame, some say "within 72 hours" and others say "within 10 days."

    On what law are these time frames based? Thank you!

  2. #2
    I believe they are based in natural law and contract law as codified in the Book of Genesis. For example the error of interpreting that God would demand Abram execute his only son as a human blood sacrifice at all, not just that God would show mercy. You might debate my interpretation but I will not defend it. I just see mathematical models of contract law there, and sorrow that we (Western Judeo-Christianity) has created such a bloodthirsty monster out of such a beautiful precept as a loving, Creator-God.

    However this natural response time, reasonable, is recited in the UCC where I picked it up so long ago that I could not recite where or even be surprised if it has been removed.

    You should respond to a Presentment within 72 hours of it coming to your attention and notice. The presenter is expected because of three-day weekends, having to contact family and attorney, spouses etc. for council about your decision to allow a full ten days. That is how I understand it.

  3. #3
    Hello Moxie and Welcome to StSC!

    It certainly be beneficial to get one's refusal off in the mail within three days for at least the piece of mind but under law one has up to the time given on the presentment. Although, even after the appearance/response time on the presentment has passed there is remedy. It may require more effort such as if a bench warrant was issued but there is remedy.

  4. #4
    Good point. Suitors with LoR evidence repositories quickly learn that when you do all you can about a nuisance presentment, you fall to sleep a lot quicker. So if you have an hour before the post office closes, get it done.

  5. #5
    Suppose the R4C is not sent in a "timely" fashion. What will happen? What's the worst that can happen?

  6. #6
    Default. That's the worst that can happen. If it's from the bank, then you might enter default, and that might lead to foreclosure, and you'd lose having a free place to live.

  7. #7

    I'm just wondering: there is so much emphasis on the R4C being sent in a timely fashion. So do people have first-hand experience with it being turned in late and then rejected? See where I'm going -- does the clerk purse her lips in disapproval and say, "Nope, she refused this for cause in 20 (or more) days and not ten, so she is the loser!"

    Does it work like that?

  8. #8
    Maybe at first but not in the end. Right of refusal never ends as remedy ALWAYS exists in their system of consent/non-consent. "Nunc Pro Tunc" can be quite effective.

    "Timely fashion" merely reduces the amount of extra effort that could be required in order to achieve satisfaction. For most matters a date is given which is to be observed if a default is not desirable. For traffic tickets this is the court date stated on the citation; Respond before or on this date at the addresses provided by either mail or in person. If replying by mail and you have waited and ended up with a post mark on the court date, be ready to deal with the computer/clerk's reaction as if you defaulted even though you were lawfully timely. Many times a letter or three can clear the matter up. In a worse case scenario there is always the option to learn some basic court procedure and attend a hearing or begin to issue Cease and Desist notices charging them for your time and effort. If they still have the gall to pursue the matter an administrative default may be obtained against them including damages. Enforcement of the default may be sought with a Show Cause hearing.
    Last edited by EZrhythm; 02-10-14 at 12:56 PM.

  9. #9
    Thank you. God bless you.

  10. #10
    I am having trouble being succesfull with my R4C's. In short, got a ticket in oregon, I Immediately R4C'd via certified and registered return receipt to the sheriff. THe day after the ticketing officer sent me another ticket, written on my WASHINGTON driver's license for driving on a suspended OR lisence. I did not know about that and don't understand how you can get suspended on a former Oregon license when you hold a valid WASHINGTON license??? Anyway I R4C'd that one in the same manner. Then get letter from the justice (non record) court with notice of a hearing, I Wrote a short Letter, announcing my SPECIAL APPEARANCE with reservation of all rights, stating the my concern to prevent fraud on the court, that no pleading had been and there was no jurisdiction, also R4C'd the notice to appear and sent in the copies of the previous R4Cs in the same manner. The hearing date has passed, and returning home from caring for my mother who has cancer, i siscover a letter from the court telling me I have been found guilty by default and pay by this day or collections and suspension will ensue. this is annoying and I am not sure how to procede but that I seem to be collecting a nice paper trail to potentially sue the actors in this fraud. I would like some instruction please

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