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  • Members: 2225
  • Category: Law
  • Founded: Mar 28, 2002
  • Language: English
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#10734 From: Geoffrey ''Badger'' Gould <realbadger@...>
Date: Mon May 1, 2006 2:58 pm
Subject: Re [WW011@...]: Warrants
realbadger
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WW011@... wrote:
<< FTA = Failure To Appear  Complaint
The Warrant as I understand it was not (modified as it usually is by the
sheriffs office) as they usually are by procedure. I found no such complaint by
the DA for this FTA nor was their any actual warrant with an actual judges
signature in my file. I always thought a judge has to sign off on Any warrant.
Jurisdiction of the court to hear this VC 23109 (c) matter was fought by me all
through the 8 or 9 appearances by me and at #9, the judge entered a not guilty
plea 'for me.' I believe this is a violation in it self! >>

Only the Accused and counsel for the Accused can speak for the Accused.
A judge "entering" a plea "for" the Accused declares on the record that the
"judge" has declared the Accused to be incompetent, and/or the judge has openly
volunteered to be[come] counsel for the Accused...

A since-deceased friend back east had a judge so enter a false plea, to which my
friend thanked him for volunteered to act as counsel, then asked at what
date/time should they meet to discuss defense strategies (all right in the
court).  The judge blanched, stated the court would send a notice as to the next
court appearance date... which never ever was sent...

< Badger >

#10735 From: "Christopher Dilts" <christopherdilts@...>
Date: Mon May 1, 2006 2:22 pm
Subject: Re: Student Loans Garnishment issues
chris_dilts2000
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Hello 

First student loan can be delt with in a varity of ways You could do a write off or comprimise for up 30 % of the note,  you can do a discharge for a varity of reasons , or do a mandatory repayment plan.

First in your case you could challenge the garnishment if they failed to follow proceedure, or the amount. Although the easyiest way to bet garnishment is just do a mandatory repayment plain on what you can actual pay. Once this is done they have to stop the garnishment. If you need more help feel free to email me. Attached is copy of a letter you could use.






#10736 From: "JCP" <jpes@...>
Date: Mon May 1, 2006 7:04 pm
Subject: Not the Gubberment?
jpes8888
Send Email Send Email
 
If you thought the IRS was a government agency, check these two items:

http://www.worldnewsstand.net/tax/1.htm

http://www.supremelaw.org/sls/31answers.htm

#10737 From: "Grant Innes" <ginnes@...>
Date: Tue May 2, 2006 8:10 pm
Subject: RE: Social Security # & babies
ginnes0107
Send Email Send Email
 

Okay, I like that. The baby is now home with you and has no SSN. What about getting the birth certificate? Don’t they need the baby’s name for that? My son is about to have is first child and would like to avoid having an SSN assigned to the child. However, he wants to know what would be the process in obtaining the birth certificate using the methods you described.

 

-----Original Message-----
From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of john5917b
Sent: Saturday, April 29, 2006 10:16 AM
To: tips_and_tricks@yahoogroups.com
Subject: [tips_and_tricks] Social Security # & babies

 

--- In tips_and_tricks@yahoogroups.com, "Tim Wallace" <liberty@...>
wrote:

Future and expectant parents take note, and at least give your children
the option (they can make an informed decision to apply for an SS
number -- or not -- later if they want)!

...delay...and then just walk out with the baby. No SSN. ...when
pressed...picked up the phone and called the police to report a
'kidnapping' ...you just refuse, there is nothing they can do..... -- The
process as explained to me is, that the nurses will ask you to tell them the baby's name. as soon as you 'give' (to voluntarily transfer "property" to another ect.. see Blacks Law def:)a name they are instructed to, simply, without your knowlege or consent assign a SSN. So don't name your baby until you get it home. John





#10738 From: "Jah Red" <donaldheld@...>
Date: Mon May 1, 2006 9:18 pm
Subject: Re: Social Security # & babies
boscoremus
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If you have a family Bible, place the information of your childs birth
in your family bible..

That is how it was done in the old days.

#10739 From: "Lenny VanDerPloeg" <lennyvan@...>
Date: Mon May 1, 2006 9:25 pm
Subject: affidavit of Meritorious defense
lennyvan@...
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Could someone please explain to me in simple terms what a Meritorious defense is?
I filed a motion for relief from judgement because i was not served.And have 5 affidavits.
The judge said I need to file a affidavit of meritorious defense and adjured it 2 weeks,,,I could not figure it out so I ammended the motion and based it on Jurisdiction ,which the MCR state I dont need the affidavit,,,the judge  said I still need the affidavit,,LIKE HE SAID,,and adjured it a week so I can write this ,,,this is where I am stuck?
What is it and whats it contain?
ANy help would be apprecitated
Thank you
Lenny
 
Ps I am in Michigan


Be one of the first to try Windows Live Mail

#10740 From: one <jm367@...>
Date: Mon May 1, 2006 10:17 pm
Subject: Re: Social Security # & babies
blitzerabc
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Anybody who needs a certificate to prove he has a baby in his household
has lost touch with reality.


>

#10741 From: "Grant Innes" <ginnes@...>
Date: Tue May 2, 2006 11:23 pm
Subject: RE: Social Security # & babies
ginnes0107
Send Email Send Email
 

The problem is that a certificate may be needed by the child in the future, for example, getting a passport.

 

-----Original Message-----
From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of one
Sent: Monday, May 01, 2006 4:17 PM
To: tips_and_tricks@yahoogroups.com
Subject: Re: [tips_and_tricks] Social Security # & babies

 

Anybody who needs a certificate to prove he has a baby in his household
has lost touch with reality.


>




#10742 From: tips_and_tricks@yahoogroups.com
Date: Tue May 2, 2006 1:32 am
Subject: File - Get a video.txt
tips_and_tricks@yahoogroups.com
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Welcome to Tips & Tricks for going to court! I am delighted that you decided to
join my group. Some of you joined this group because you involved in a domestic
relations suit (divorce etc.), fighting the government over some issue (IRS,
zoning, traffic etc.), or you are going to court or would like to go court to
vindicate your rights and collect your damages. Others have joined this group
because they are either defending or expect to defend a suit.

It really does not matter why you are going to court; if you are going to court
a skill that will always greatly help you is the ability to skillfully do legal
research. In the law library there are books on every aspect of going to court.
There are books full of previous rulings by the courts in your jurisdiction.
There are books that tell all about how to do a divorce in your jurisdiction;
how to do a civil rights suit; how to defend and criminal or traffic case; how
to put on a trial. There are books full of sample forms that even describe how
to go about filling out the forms!

If you know how the law library works you can put your hands on the authority
and forms you need in minutes and put together paperwork that will have the
court thinking that you might be a lawyer. The ability to do legal research and
put together professional looking paperwork will be very intimidating to your
opponent; especially if your opponent has to hire and pay a lawyer to produce
paperwork that isn’t anyway near as good as yours. And then, there’s the
internet. If you know the right places to look on the internet, you will rarely
need to make a trip to the law library. Almost everything you need can be
brought straight to your home via your internet connection if you know where to
look.

I went into two different law libraries with a professional video producer and
produced a video that shows what these books look like and went into detail on
how they work. I offer that video at www.legalresearchvideo.com. You will have
to watch the video numerous times to glean from and use all of the information
on there. When you have mastered the information there it will take you a long
way to becoming effective in the court. As an additional bonus for purchasing
the video I offer 110 law related links that will help you do research and find
forms online.

Also at that web site I give a substantial discount on Blackstone’s Law Course
when you buy a legal research video. In 1914 this course was used to prepare
lawyers to pass the bar examine. This two volume law course is well organized,
comprehensive, and easy to read. After you have read it cover to cover there
will not be much about law that you didn’t know you didn’t know. You will have a
good understanding respecting what remedies are available in any situation and a
starting place for your research for situations you or your friends are involved
in.

If you master the ability to do legal research it will be very empowering to
you.

Again, thanks for participating in Tips & Tricks. Bear

#10743 From: tips_and_tricks@yahoogroups.com
Date: Tue May 2, 2006 1:32 am
Subject: File - Reading List 4 Book Reports.txt
tips_and_tricks@yahoogroups.com
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As moderator and owner of Tips & Tricks for going to court, I would like to see
this group pointed more in the direction or practical litigation tactics. When
people write in with their problems asking for solutions I would like to see
more members of the group be able to offer practical, workable solutions that
have a likelihood of success based on first hand study and research instead of
old tired research that has been passed around so much it cannot be used in
court because it is so far removed from its origin. As I see it, if group
members would read law books and write book reports and post them to the group
based on the usable ideas they glean from them, not only would the reader
benefit, but group members as well. Below is the first list of books I would
like group members to check out of the library, buy through Amazon.com, or
acquire through interlibrary loans, read, and post book reports about. I would
like to see some lively discussion respecting these books and expect that we
will have some testimonies from people who have used what they learn both from
reading the books, and reading and writing the book reports posted to Tips &
Tricks. We don’t want to be like the dog who chases a car and when he catches it
doesn’t know what to do. Let us be like “wise virgins” and be prepared.

Most of us would like to win on our motions, so, here are some books on motions
practice:

Motions Practice and Persuasion by L. Ronald Jorgesen

This book teaches new lawyers how to effectively make and oppose motions and
help
experienced lawyers create more original and innovative work. It teaches the
basics of motion
practice, with a particular focus on the written motion and provides expert
advice on making
motions more persuasive. It discusses the tools of persuasion and the marshaling
of facts, law
and form to produce a winning motion. Instead of merely laying out the rules,
the book outlines
the analysis that the lawyer must make in writing and presenting a motion.

Motion Practice, Fourth Edition by Roger S. Haydock David F. Herr
       This comprehensive guide not only analyzes every applicable rule of civil
procedure, but also gives you practice-proven techniques for evaluating what
motions will work most effectively in each of your cases. From early pretrial
motions dealing with complaints and jurisdiction to appellate motion practice
for both victor and vanquished, Motion Practice, Fourth Edition shows you both
what is permissible and what is advisable in such aspects of motion practice as:
Formal requirements Strategic uses Use of supporting documents Effective
advocacy Persuasive oral argument Ethical issues The authors include a table of
deadlines affecting motions, along with sample forms and illustrative trial
examples.

A Guide To Motion Practice, by Samuel S Tripp

Motion Practice by David F Herr

Motions in Federal Court, Civil Practice by Shepards Mcgraw-Hill

Civil motion practice: How To Win Without Trying  by Marcus E Cohn

Whether we are the plaintiff or the defendant we need to know how to do cross
examination, so, here are some books on doing effective cross examination:

Cross-examination: Science & Techniques by Larry S. Pozner, Roger Dodd

The Art of Questioning : Thirty Maxims of Cross-Examination by Peter Megargee
Brown
       Step by step, how lawyers and nonlawyers alike can learn to ask the right
questions and get the answer they want, whether it’s in the courtroom or the
boardroom.

The Art of Cross-Examination by Francis L. Wellman
	 With the cross-examinations of important witnesses in some celebrated cases.
Wellman, one of the great nineteenth-century trial lawyers, made his reputation
in the musty New York
courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant
district
attorney. In this volume he draws upon his own experiences and the brilliant
achievements of
other noted lawyers to explain and exemplify the principles of questioning. He
quotes
extensively from many memorable cases, utilizing them to illustrate both the
manner and matter
of cross-examination. He takes up the handling of the perjured witness and the
expert, he
underscores the importance of sequence, and he offers many insights into the
psychology of the
witness; showing that knowing when to elicit information, and when not to, is
critical to the
artistry of the advocate.

Cross-Examination: The Comprehensive Guide for Experts by Steven Babitsky, James
J., Jr. Mangraviti
       The ultimate measure of every expert is how well the expert performs
during cross-examination. SEAK’s new text, Cross-Examination: The Comprehensive
Guide For Experts will help experts quickly and efficiently master the art of
responding to each and every cross-examination question truthfully and artfully.
Experts will learn how to prepare for, anticipate, recognize, and effectively
deal with counsel
       About the Author Steven Babitsky and James J. Mangraviti, Jr. are the
nation's leading and most prolific authors and trainers on expert witness
issues. They are both former trial lawyers whose past texts include: How To
Excel During Cross-Examination: Techniques for Experts that Work, How To Excel
During Depositions: Techniques for Experts that Work, and The Comprehensive
Forensic Services Manual: The Essential Resources for all Experts. Attorneys
Babitsky and Mangraviti have trained thousands of experts on the skills needed
to be more effective and better assist the trier of fact.

Here are some books on how to make effective closing arguments:

Closing Arguments -- by Frederick Busch;

Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law -- by
Michael
S. Lief

In the Interest of Justice : Great Opening and Closing Arguments of the Last 100
Years by Joel
Seidemann

Closing Arguments: The Last Battle by Mike Papantonio, Fred Levin, Martin Levin

There are even books on jurisdiction:

Federal Jurisdiction (Introduction to Law)  by Erwin Chemerinsky
	 A Review: I'm a very average law student, and my federal courts class was
stacked with the top 2nd and 3rd year students in my school. Despite this, I got
the highest grade in the class. The reason...this book. This single most
impressive book I have encountered in 3 years of law school. And if you plan to
practice in the federal court system, this book is essential. Buy it.

The Practice And Jurisdiction Of The Court Of Admiralty: In Three Parts by John
E. Hall

A Treatise on the Law of Lis Pendens: Or the Effect of Jurisdiction upon
Property Involved in
Suit by John I. Bennett

Let’s study up on trial tactics:

The Trial Lawyers : The Nation's Top Litigators Tell How They Win by Emily
Couric

The Underground Lawyer by Michael Louis Minns

Trial : Theories, Tactics, Techniques by Roger S. Haydock, John Sonsteng

Trial tactics;: A book of suggestions on the trial of cases, containing
pertinent addresses by many well-known trial experts by Asher L Cornelius

Trial tactics and methods by Robert E Keeton

Successful trial tactics by Aaron Smith Cutler

Basic expressions for trial lawyers: Supplement to Keeton, Trial tactics and
methods by Robert
E Keeton

Eyewitness Testimony Strategies and Tactics/With Supplement: Strategies and
Tactics by
William Carroll, Edward Arnolds

Questioning Techniques and Tactics by Jeffrey L. Kestler

Dombroff on Unfair Tactics by Mark A. Dombroff

#10744 From: tips_and_tricks@yahoogroups.com
Date: Tue May 2, 2006 1:32 am
Subject: File - dele Tips Rules.rtf
tips_and_tricks@yahoogroups.com
Send Email Send Email
 
File        : dele Tips Rules.rtf
Description : Tips & Tricks Rules

#10745 From: one <jm367@...>
Date: Tue May 2, 2006 12:18 am
Subject: Re: affidavit of Meritorious defense
blitzerabc
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meritorius defences examples:
accord and satisfaction
failure of consideration
failure to tender
failure to meet and fulfill conditions precedent

>

#10746 From: one <jm367@...>
Date: Tue May 2, 2006 3:35 am
Subject: Social Security # & babies & need for certificate
blitzerabc
Send Email Send Email
 
No such certificate is needed to obtain a passport. Proof of origin is
what is needed. How are matters proved ? By testimony. Testimony by the
mother, or another competent witness to the birth, duly written,
witnessed, affirmed or given under oath, and recorded in a public office
of government will be good and sufficient proof. How are certificates
created except by testimony ? To receive money directly from Government
requires a Social Security Account Number and to obtain that requires a
certificate of birth, although affidavits have been substituted in the
past. They created a birth certificate for my grandmother in her 60's.

#10747 From: one <jm367@...>
Date: Tue May 2, 2006 3:32 am
Subject: Social Security # & babies &family Bible entry
blitzerabc
Send Email Send Email
 
This is how it was done by dissenters to the establishment of
religion
  in England in the old days.
  Among whom were quakers, who were unchurched.
  There were more quakers present at the drafting of this
Constitution
  than any other christian sect.  This Constitution was intended for
  religious people.
  The family Bible entry is still recognized as evidence of origin
and woe
  to us, the day it is not.

#10748 From: pireleif88@...
Date: Tue May 2, 2006 10:18 am
Subject: Re: Social Security # & babies
imissmykid36...
Send Email Send Email
 
Delay naming of the newborn, till afterwards your arrival home from hospital. Prior to your hospital departure, advise hospital you and spouse haven't yet mutually agreed upon child's name(s) first or last. The birth certificate issued by hospital should then reflect the word 'Baby' or "Baby Doe" not followed by the last name of either parents. DO not worry what hospital says, absent a first name or last name not being given to your child upon time of birth or departure
They can not force you to name your child,
they can not detain you,
and should they even raise the issue of deficient name (first or last) or SS #, you tell them not to worry their silly little heads about a matter you can just as easily take care yourself once you and spouse deccide upon what to name your child, and baby naming takes place as RELIGIOUS CEREMONY At your local church or synagogue where it gets recorded in bible or annals of the house of worship.  
Application for SS# can and should be delayed as long as possible.

Once you decide upon naming child, you can file with county notice to amend the Birth Certificate to reflect the insertion of chills first and or last names once they are decided upon and given, since there is no law on books that I know that compels either  biologic parents to name their kid after either one of themselves with either one of their last names being applied. You can just as well  have name of John Smith, and name your kid Duncan HInes or MIckey MOuse, I know I've gone thru this personally in court of law in Georgia with ex spouse upon time of divorce and custody battles

#10749 From: cath halash <guardianangel49017@...>
Date: Tue May 2, 2006 2:35 pm
Subject: Helpfull federal protections
guardianange...
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In any contested custody matter, allegations of child
abuse/neglect, I suggest that asking if there is any
chance of Native American heritage, even if they don't
know too much about it or what tribe may be involved.


Don't leave it to the people bringing the petition to
prove heritage. They are not motivated to do that
because there are extra protections.  There is a DNA
test that runs about $350.00 is all that can show
racial markers even if the ancestory search isn't
completed. That's a great way to get the federal
protections to kick in right there.  Don't just look
at the person and think, blond hair, complection isn't
dark enough, no way.  With ractial mixing think again.
Way.

I knew all that genetics I took in college would come
in handy.  Recent genetic studies show that Puerto
Ricans often have about 1/4 to 1/2 of Tainos decent.
That's Native American and in these cases, wow, don't
just assume Hispanic.

History books in the US aren't always accurate.  Did
Columbus discover America? He actually landed on the
island of Hispaniola, now it's Haiti and the Dominican
Republic.  Who was on the ships with Columbus? Well,
since they thought that the earth was flat and that
the ships were destined to fall off the edge of the
earth. the only people that were willing to sail to
their potential death were those that were given the
choice, prison or a boat ride with Columbus.  There
weren't any women along for the ride, so it's not
rocket science to figure out that those Spaniards were
having their babies with the locals on the island.

That band wasn't just on that island and it actually
was all through the islands there including islands
that later became commonwealths of the US, yup Puerto
Rico.  In our very mobile society, there is now a
group that doesn't even know they are a group, urban
indians.

In Michigan, I have found a wonderful federally funded
legal group called the Michigan Indian Legal Service
with offices in Lansing and Traverse City.  They are
available not only to individuals, but to help lawyers
to understand protections and to use them such as
ICWA.  The best part, free of charge to either consult
with the lawyer on the case or jump on board with
defending the case.

What lawyer doesn't like winning, especially when it's
for the client wearing the white hat?  I just got
interested in this about a year ago and read every
state and federal manual, read all the public health
laws (it's not just state, federal), and realized to
understand this fully, you follow the money stream.
The funding used for investigation of child protection
and since there is some crossing into custody matters
and you guessed it, the judiciary now by a government
agency, the funding is CAPTA which is right out of the
Social Security Trust.  Look at the requirements
attatched to it called "reasonable efforts" to find
out  the hoops that no one wants the lawyers or courts
to figure out haven't been jumped through by any state
worker.

I see a practice too often where qualifying the
witness is just skipped in cases involving some
petition brought by a state worker for a child
protection case. Don't make that mistake. Qualify the
witness. Wait till you find out how unqualified most
of them really are.  I went through the entire list of
5,000 employees with another clinician for one of the
state senators (I do a lot on the state/federal level
to work on legal reforms).  I had already started to
check licenses locally as an adjuct professor for a
teaching hospital for all the major universities, the
unprofessional conduct and the jogging suits in court
made me wonder, who passed these people? The data came
up with the most astounding figures of all with data
to back it.  Only one out of 10 had a license in
anything, usually a certified nurses aid (6 weeks of
training) or an EMT if they had a license at all.

What does all this mean to lawyers defending their
clients?  This is the practice of forensic social work
or forensic psychology. It takes 6 years in college
and 3 practicuums, 2 years post master's clinical
supervision by someone who is a MSW/LSW at the minimum
or a PhD in psychology.  That means that petition
making allegations can be tossed.  No healthcare
license (yes, you can and should make sure you look on
the state healthcare licensing web site and if you
can't find them, make them produce it with a career
vita, proof of proper education.  No license at that
level, that means that's not a person qualified to
give an opinion period, they aren't expert, you are
looking at probably a high school graduate with 6
weeks of training from some other unlicensed person on
how we do it (healthcare fraud) to get at this funding
stream (CAPTA).

I suggest you go out and find your own expert witness,
someone that maybe admires the lawyers that will take
on a larger adversary for the right reasons.  Yes, it
can be at court expense and some of the expert
witnesses do it without that much worry about getting
paid because it all comes out in the wash with higher
profile and wealthier clients that are referred.

Besides, for me it's just become fun for me to warn
the state workers that I already checked licensure
that morning, the lawyer for the defense knows too and
will be qualifying the witness including you, but
we'll do it under oath.  I then tell them that you'll
be asked to prove your qualifications. I tell them
that I'll see to it that if they get on that stand,
their petition will be tossed and I will ask that they
be charged with a felony for practicing without a
license, in  violation of public health laws going
back to 1978 in this state.  After they are found to
be unqualified,they won't be entering their
unqualified opinions on the record.  I  the tell them
I already know you have no more qualifications than
the guy riding the back of the trash truck in my
neighborhood.
I also point out that billing like you have a MSW/LLP
and you have nothing remotely resembling an education
is considered health care fraud and I'll turn it over
to the OIG for the feds too.  The money you collected
thus far is then, return to sender and then all the
billings will be pulled and it will start an
investigation.

When they come up with the silly "I'm not aware that
we have to have a license" because we don't call
ourselves in our job titles "social worker" or
"psychologist".  I tell them "you do drive a state
car, correct?"  They look puzzled and say yes.  I come
back with "It doesn't say driver in your title either.
  If you drive without a license, red cross 10 people,
kill af few and run into the side of the defendant's
lawyer's house, do you really think that you can use
this illogical explanation for breaking the law?"

It's fun for me to see them cower in the corner,
whisper to one another and ask for an adjournment. I
love it when lawyers get excited and say, you're
kidding, I can win this case?

I make formal reports to the court tying all the rules
and laws in.  It's worth the money and effort to avoid
the "diagnosing for dollars" contractors they will try
to steer your clients to. Also, federal rules are much
more stringent about who even qualifies to give expert
opinion on native american cases as well as yes, your
client can pick and doesn't have to go to some
secular, too involved in making money by extending the
case forever contractor.

Constitutional violations can also be raised.
Handbooks for lawyers, judges regarding this can be
found at:   "Connecticut DCF Watch"
<ctdcfwatch@....  If there is more interest in
the specific to native american protections, please
ask. Yes, I win with the families and tribes, so far
every time.
Cathy Halash




__________________________________________________
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#10750 From: hobot <hobot@...>
Date: Tue May 2, 2006 4:06 am
Subject: Re: Social Security # & babies & need for certificate
hobot@...
Send Email Send Email
 
My dad was born before brith certiicates and used
simple letters/affidavits of some relatives to
obtain passport was back in '60's.
Oath on passport is another issue to overcome/alter.

hobot

#10751 From: wayne <drw1@...>
Date: Tue May 2, 2006 4:35 am
Subject: U.S. BORDER AGENTS TO AMERICANS: "YOU HAVE BEEN INVADED"
drw1@...
Send Email Send Email
 
http://www.newswithviews.com/Kouri/jim49.htm




My Visit to The Minutemen HQ in Arizona
http://www.newswithviews.com/Devvy/kidd188.htm
by Devvy Kidd

Myth vs Fact of Illegal Immigration
http://www.newswithviews.com/Wooldridge/frosty149.htm
by Frosty Wooldridge

Underlying Agenda of Illegals Deceitful
http://www.newswithviews.com/metcalf/metcalf178.htm
by Geoff Metcalf

#10752 From: "gary" <gary2666@...>
Date: Tue May 2, 2006 4:26 am
Subject: Re: affidavit of Meritorious defense
gary2666
Send Email Send Email
 
Hi Lenny,
 
Sorry to hear that the judge has decided that in his court he doesn't need to have acquired personal jurisdiction by a proper service as required by the rules.  You might be able to win that on appeal, but the trouble is that even if you get the judgment set aside (as you should be able to do) they will just serve you and you will then need a defense.  I can tell you it is a very difficult thing in a credit card case against the original creditor, but you have a much better chance against an alleged purchaser of the alleged debt. 
 
One of the things I have seen lacking in almost all cases concerning purchasers of defaulted debt is any proof they ever purchased the rights to collect the alleged debt.  An internally generated computer printout or copies of your credit card bills are not evidence they purchased the debt.  They usually just claim they purchased it and the defendant fails to object.  Also, alleged copies of the credit card bills without someone with personal knowledge to verify they are real and correct should be objected to as hearsay and anything the attorney says concerning anything he/she doesn't have personal knowledge of should be objected to as hearsay.  This includes things like them saying this is your account or that Great Seneca purchased the debt, the attorney has no personal knowledge that any of that is true.
 
Actually, it looks like the judge in your case intends to deny your motion anyway, but you could always file an affidavitt that says you don't believe this is your account and that you requested proof several times that it was your account and they ignored your requests. When the judge denies your motion you can appeal.
 
Gary
----- Original Message -----
Sent: Monday, May 01, 2006 5:25 PM
Subject: [tips_and_tricks] affidavit of Meritorious defense

Could someone please explain to me in simple terms what a Meritorious defense is?
I filed a motion for relief from judgement because i was not served.And have 5 affidavits.
The judge said I need to file a affidavit of meritorious defense and adjured it 2 weeks,,,I could not figure it out so I ammended the motion and based it on Jurisdiction ,which the MCR state I dont need the affidavit,,,the judge  said I still need the affidavit,,LIKE HE SAID,,and adjured it a week so I can write this ,,,this is where I am stuck?
What is it and whats it contain?
ANy help would be apprecitated
Thank you
Lenny
 
Ps I am in Michigan


#10753 From: Occupant Family <lookin2c@...>
Date: Tue May 2, 2006 5:15 pm
Subject: Re: Social Security # & babies
lookin2c@...
Send Email Send Email
 
Greetings,
 
The problem is not that a "certificate" may be needed in the future...
The problem is your false belief in the security of a certificate over
that of the material evidence from a family Bible!
I have yet to find ANY COURT that will not recognize the
family bible as overwhelming material evidence of "facts" or
family "statistics" as shown in it! It is what is known as "ultimate
facts" and will stand against most any attempt at rebuttal!

Deo volente,
Jim
 
It is not the things that we know to be true that hurt us...
It is the things we know to be true THAT ARE NOT!
 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
On Tue, 2 May 2006 17:23:43 -0600 "Grant Innes" <ginnes@...> writes:

The problem is that a certificate may be needed by the child in the future, for example, getting a passport.

 

#10754 From: pireleif88@...
Date: Tue May 2, 2006 9:07 pm
Subject: How does one establish entirely, NEW personal (numeric ID) profile?
imissmykid36...
Send Email Send Email
 

Can anyone procedurally describe what steps (if any) are needed to be taken in order for one to establish themseeelves an entirely NEW personal (numeric ID) profile, being it is now required.

Desperately in need of obtaining a state issued drivers license, one that is not already affiliated with my already existing previously issued SS#.  Unfortunately I hold from 40 + yrs previous, same SS# which is presently affiliated with two separate state drivers licenses (ID),both which are previously issued and held by me. Now  for what exists as personal reasons, I DO NOT want my SS# held and in use by me, to be affiliated linked with any newly issued state drivers license being issued/held by me.

Any thoughts or suggestions as to how one might first go about obtaining a newly issued state drivers license/passport w/o using a SS#?

NO, I am not a terrorist, escaped convict, child abuser, or from the Mideast.

IN ALTERNATIVE  
Can or Does A TIN, Or EIN # once issued, equally work in just the same way, by it being allowed used in lieu of a SS# for (ID purposes ) being supplied DMV for same reasoning, registering oneself for a first time newly issued state drivers license?

Using the same examples principles supplied above, for same reasoning mentioned held in place,
What is best way example for one to first obtain a NEW passport being issued, without first using an already previously issued SS# being supplied existing from before, in order that they obtain a newly issued Passport to themselves now, without it being affiliated linked to any (newly) issued SS#, TIN, EIN, or the previously issued SS#?


#10755 From: Sterling W Wyatt <swwyatt@...>
Date: Wed May 3, 2006 7:29 am
Subject: Dr. Dean's address
swwyatt@...
Send Email Send Email
 
My letter to my friend, Dr. Ward Franklin  Dean,
@ R3R169787,  P.O. Box 17800,
Pensacola FL 32522-7789
came back marked "No longer at This Address".

Does anyone know of his whereabouts and address now?

Sterling Wayne Wyatt

#10756 From: Bob law <saveyourpay@...>
Date: Wed May 3, 2006 12:31 pm
Subject: Re: How does one establish entirely, NEW personal (numeric ID) profile?
saveyourpay
Send Email Send Email
 
Your state should have in effect an affidavit of fact
covering a religious objection to the use of the
number as an identifier. Call or write your Secretary
of State's Office in the State capital and ask them if
they have any such program available.



--- pireleif88@... wrote:

>
> Can anyone procedurally describe what steps (if any)
> are needed to be taken
> in order for one to establish themseeelves an
> entirely NEW personal (numeric
> ID) profile, being it is now required.
>


__________________________________________________
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Tired of spam?  Yahoo! Mail has the best spam protection around
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#10757 From: "susanne waid" <susannew@...>
Date: Wed May 3, 2006 7:22 pm
Subject: RE: Dr. Dean's address
susannewaid
Send Email Send Email
 

Did you try the white pages on the search engine, Dogpile?

 

-----Original Message-----
From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of Sterling W Wyatt
Sent: Wednesday, May 03, 2006 1:30 AM
To: citizensoftheusofa@yahoogroups.com; tips_and_tricks@yahoogroups.com
Subject: [tips_and_tricks] Dr. Dean's address

 

My letter to my friend, Dr. Ward Franklin  Dean, 
@ R3R169787,  P.O. Box 17800, 
Pensacola FL 32522-7789 
came back marked "No longer at This Address".

Does anyone know of his whereabouts and address now?

Sterling Wayne Wyatt




#10758 From: Woodboy <woodboy@...>
Date: Wed May 3, 2006 7:24 pm
Subject: Authenticating evidence
woodboy@...
Send Email Send Email
 
Hi All,

Recently I joined this list. I have been browsing the message archives and
this is my first post here. Greetings to all, but please bear with me if I
botch any list rules or guidelines.

I'd like to engage a discussion about authenticating evidence with respect
to the Federal Rules of Evidence (FRoE). All evidence must be authenticated
in one manner or another. Some forms of evidence are self-authenticating
pursuant to Rule 902. Alternately, all other forms of evidence are not
self-authenticating and controlled under Rule 901.

Generally, authentication is performed by a competent fact witness with
personal knowledge (Rule 602). But can evidence be authenticated without a
competent fact witness? If so, what are those guidelines?

I'm thinking about the IRS administrative and litigation process. For many
people the evidence trail typically begins with a W-2 or 1099 information
return. Those documents are not signed under penalties of perjury pursuant
to section 6065 of the IRC, but an accompanying W-3 or 1096 transmittal
form provides that jurat. Interestingly, however, after the IRS clerks
enter into the computer the information from these information returns, the
information returns and transmittal forms disappear. Yes, the IRS folks
seem to intentionally destroy evidence.

With any subsequent contact with IRS bureaucrats, all an alleged taxpayer
will see are computer print-outs of these information returns, never to see
the actual original documents. A GAO report from 1996 and a recent report
from only a couple of months ago reveals that the IRS folks have no way of
authenticating or securing their computer data. Additionally, the original
section 6065 jurat no longer exists. That would seem to indicate that these
computer print-outs cannot be used as admissible evidence.

Should things get interesting during any tax dispute, the IRS folks merely
demand that the original payer print a facsimile copy of the original W-2
or 1099. However, there will be no attached facsimile transmittal form with
a signed jurat. Thus, there again are no signatures to satisfy section 6065
and once again a problem seems to exist with respect to authenticating the
facsimile documents. Of course, at a hearing or trial the IRS folks could
authenticate the information return through verbal testimony of the payer,
but often that never happens.

Another trick the IRS folks will perform is to request copies of canceled
checks. The sums of those canceled checks likely will match the amount
reported in the information returns. With the computer print-out, the
facsimile information returns, and the sum of the canceled checks, there
seems to be three points to define the line. However, the IRS attorney or
the hearing officer cannot act as a material witness with respect to those
documents and possess no standing to provide testimony on behalf of other
potential witnesses. Therefore, without a competent witness, are the copies
of canceled checks admissible evidence?

Rule 803(6) is a hearsay exception rule for records created in the normal
course of business. But Rule 803(6) requires the documents be authenticated
by the record custodian or other qualified witness (typically a
supervisor). The documents are not self-authenticating.

Rules 1002 and 1003 allow for duplicate documents if reasonable evidence
can be submitted that the original documents no longer exist, but do those
rules allow bypassing the authentication process demanded of the original
documents? Probably not, but I am unsure.

Rule 903 allows for signed documents to be admitted without verbal
testimony, but if the jurats no longer exist can those documents be
admitted under Rule 903? Probably not, but I am unsure.

Are any of these documents admissible as evidence if there are no competent
witnesses or jurats available to authenticate those documents? Will a
hearing officer, judge, or IRS attorney find a loophole in the Rules to get
those documents admitted as evidence?

A similar observation appears with documents generated within the IRS. A
couple of years after the RRA of 1998, to satisfy the arguable intent of
section 6020(b), the IRS folks abandoned their infamous section 6020(b)
"dummy returns" and began completing Form 4549 "Income Tax Examination
Changes." Tax court judges accept the Form 4549 as satisfying the intent of
section 6020(b), but doing so requires first depending upon information
returns as being presumptively correct. Yet, although this Form 4549 is
electronically subscribed, the signature is not under the penalties of
perjury nor is the information attested to being true, complete, and
correct. A judge likely will dismiss that latter challenge because if the
information return is presumptively correct, then the remainder of the
calculations is basically a plug-and-chug exercise from the existing tax
tables and exemptions. But is this Form 4549 admissible as evidence if the
signer of that form does not appear at a hearing or trial to authenticate
the document and information and there is no signature under penalties of
perjury?

Where all of these leads, of course, is if one can successfully challenge
the authentication of these information returns and documents, then the IRS
folks possess no evidence that is admissible. Without admissible evidence
they have no case. 30-day and 90-day letters become voidable. Etc. I'm far
too cynical that a judge or hearing officer would allow a tax case to
collapse based upon challenges of authenticating evidence. To do so would
open the door to collapsing the entire house of cards. Still, I'd like to
hear ideas and opinions from all of you regarding the authenticating
process and challenges that arguably could succeed.

Thanks much.

#10759 From: BOB GREGORY <rhgusn@...>
Date: Wed May 3, 2006 6:37 pm
Subject: Re: Drivers license without a SS #
nosaj8700
Send Email Send Email
 
My problem with the letter is that it misrepresents the law in order to
achieve a result. When we do that, we put ourselves in the same camp as
the IRS.
=======================

> And as for Garys claim of BS on my letter to the Dr... It worked for me
> as I had "high hopes" and a dammit attitude! If you don't like it
> delete it > and I will take my toys and go home!
>




--
No virus found in this outgoing message.
Checked by AVG Free Edition.
Version: 7.1.385 / Virus Database: 268.5.1/328 - Release Date: 5/1/2006

#10760 From: Phil Patana <phil@...>
Date: Wed May 3, 2006 8:52 pm
Subject: Re: Dr. Dean's address
philpatana
Send Email Send Email
 
Here's an updated list of most of our fellow patriot prisoners including Dr. Dean.
************************************************
      Write to our patriot prisoners:

  Irwin A. Schiff, Inmate ID No. 08537014
  Florence Correctional Center
  1100 Bowling Road
  Florence, Arizona 85232
  Website: www.paynoincometax.com



  Cynthia Lynn Neun
  c/o 274586 MCC-45B
  North Las Vegas Detention Center
  2332 Las Vegas Blvd., North, Suite 200
  North Las Vegas, Nevada 89030-5957
  Website: www.artaftermidnight.com



  Richard Michael Simkanin
  30383-177 Unit F
  FEDERAL CORRECTIONAL INSTITUTION
  P.O. BOX 7000
  TEXARKANA, TX 75505-7000
  Web page: http://irwinschiff.homestead.com/DickSimkanin.html



  Walter Allen Thompson
  15089-097 AIA
  TAFT CORRECTIONAL INSTITUTION
  PO BOX 7001
  TAFT, CA 93268
  Web pages: http://irwinschiff.homestead.com/AlThompson.html



  Bonita Lynne Meredith 24001-112
  FCI VICTORVILLE MEDIUM II
  FEDERAL CORRECTIONAL INSTITUTION
  PO BOX 5700
  ADELANTO, CA  92301



  Larken Rose
  58421-066, Unit G
  Federal Prison Camp
  P.O. Box 200
  Waymart, PA  18472



  Ward Dean 06076-017
  Federal Detention Center
  PO Box 019120
  Miami, FL 33101-9102
  Website: http://www.warddeanmd.com/irsupdate.htm



  Pending trial, and until outcome, my mail address will be:
  Walter Burien
  P. O. Box 42
  East Brunswick, NJ 08816
  Website: http://cafr1.com/



  Steve Swan
  PO Box 415
  Candia, NH 03034



  Congressman James Traficant
  FMC ROCHESTER 31213-060
  Federal Medical Center
  P.O. Box 4000
  Rochester, MN 55903
  Website: http://www.traficant.com/



  Walt Maken, 43135-061, B1
  Federal Prison Camp
  PO Box 6000
  Ashland, Kentucky 41105
  Website  http://www.angelfire.com/oh4/befree/




  WAYNE BENTSON 46800-008
  FCI
  LA TUNA FEDERAL CORRECTIONAL INSTITUTION
  P.O.  BOX 3000 ANTHONY, TX 88021 web page:
  http://www.treeofthegoldenlight.com/nesara/IRSDrunvalo.htm



  David R. Hinkson
  08795-023
  P.O. Box 8500
  Florence, Colorado 81226
  Website: www.davidhinkson.com



  John Thomas Harpole, No. 14923-006
  Federal Prison Camp
  P.O. Box 1000
  Butner, N.C. 27509
  Website:  http://www.jusbelli.com/harpoletrial.html



MICHAEL L KAILING 89033-02259 Projected Release Date 05-21-2008
HONOLULU FDC HONOLULU FEDERAL DETENTION CENTER
P.O.  BOX 30080
HONOLULU, HI 96820


FRED M ORTIZ 89034-02262 Projected Release Date 05-21-2008
FCI HERLONG FEDERAL CORRECTIONAL INSTITUTION
P.O.  BOX 800
HERLONG, CA 96113



Sterling W Wyatt <swwyatt@...> wrote:
My letter to my friend, Dr. Ward Franklin  Dean, 
@ R3R169787,  P.O. Box 17800, 
Pensacola FL 32522-7789 
came back marked "No longer at This Address".

Does anyone know of his whereabouts and address now?

Sterling Wayne Wyatt





By: Philip: Patana
Proud 5th great grandson of Thomas Purchase, an enlistee in the Revolutionary War, Albany County (New York) Militia - Thirteenth Regiment. 

#10761 From: "KENNY KNAPP" <rocketman@...>
Date: Wed May 3, 2006 6:00 pm
Subject: RE: Dr. Dean's address
rocketmanken...
Send Email Send Email
 
When I received a response from him, he was here, but stated he was being
moved for a pych evalutation.

Dr. Ward Dean M-10
c/o Santa Rosa Criminal Justice Facility
P.O Box 7129
Milton, Florida 32572-7129

<html><DIV>Kenny Knapp
</html>




>From: Sterling W Wyatt <swwyatt@...>
>Reply-To: tips_and_tricks@yahoogroups.com
>To: citizensoftheusofa@yahoogroups.com,tips_and_tricks@yahoogroups.com
>Subject: [tips_and_tricks] Dr. Dean's address
>Date: Wed, 3 May 2006 02:29:34 -0500
>
>My letter to my friend, Dr. Ward Franklin  Dean,
>@ R3R169787,  P.O. Box 17800,
>Pensacola FL 32522-7789
>came back marked "No longer at This Address".
>
>Does anyone know of his whereabouts and address now?
>
>Sterling Wayne Wyatt
>
>
>
>
>
>Yahoo! Groups Links
>
>
>
>
>
>

#10762 From: Bob law <saveyourpay@...>
Date: Wed May 3, 2006 5:42 pm
Subject: Re: Dr. Dean's address
saveyourpay
Send Email Send Email
 
Look on the federal bureau of prisons web-site. They
used to have a page to help locate federal inmates.



> My letter to my friend, Dr. Ward Franklin  Dean,
  "No longer at This Address".
>
> Does anyone know of his whereabouts and address now?
>




__________________________________________________
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#10763 From: "citizzenkain" <mail4tl@...>
Date: Wed May 3, 2006 11:40 pm
Subject: Garnishment
citizzenkain
Send Email Send Email
 
Does anyone know if a pay garnishment can follow you to another state?

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