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illegal service of summons for small claims

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  • mobinem@aol.com
    More to the point, what is the process service for? It is to inform. If you were informed, which you obviously were since you are complaining about how it
    Message 1 of 15 , Dec 28, 2006
      More to the point, what is the "process service" for? It is to inform. If
      you were informed, which you obviously were since you are complaining about how
      it was done, they you will have a difficult time convincing a court it was
      not an acceptable delivery.

      Moderator/Bear: After having recently read a bunch of Florida cases on sufficiency of process, I want to insert here that I disagree with the point made above. Those Florida cases said that the service of process rules and statutes must be strictly complied with. There were many cases that were reversed in Florida, on appeal, because the issue was properly preserved in the trial court; and no general appearance was made.

      You may have a better chance fighting the judgement then fighting a
      technicality that would require you lying to be victorious. Our creator stands with
      us only when we stand according to his rules and I doubt he sides with the
      side that is lying.

      Moderator/Bear: Oppression is defined as the unjust use of force or authority. We bring oppression upon ourselves by not being doers of Jahuwah's Word. Since it is his will that we be doers of his Word, it follows then that is also his will that we be free from unjust use of force or authority. Jahuwah didn't make the rules respecting service of process; but once men make those rules His expectation is that they be followed especially with respect to the doers of the Word. I was shown that it is my job to use their own laws against them.

      Just my opinion and belief.



      John C.,
      of the family Stuart
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      mobinem@...
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      Phoenix, Arizona republic cf 85050 cf
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    • Frog Farmer
      ... And that is the key point most people do not understand until after it is too late. They are tricked into making a general appearance. How do you stop
      Message 2 of 15 , Dec 29, 2006
        > Moderator/Bear: ... There were many
        > cases that were reversed in Florida, on appeal, because the issue was
        > properly preserved in the trial court; and no general appearance was
        > made.

        And that is the key point most people do not understand until after it
        is too late. They are tricked into making a general appearance. How do
        you stop people from doing that?

        > You may have a better chance fighting the judgement then fighting a
        > technicality that would require you lying to be victorious. Our
        > creator stands with
        > us only when we stand according to his rules and I doubt he sides with
        > the side that is lying.

        Yes, hypocrisy sucks. And now knowing that HJR192 is void, a judgment
        might be fun to fight, if only to get some clarification as to what may
        now be exacted from those unwilling to cooperate.

        > Moderator/Bear: Oppression is defined as the unjust use of force or
        > authority. We bring oppression upon ourselves by not being doers of
        > Jahuwah's Word. Since it is his will that we be doers of his Word, it
        > follows then that is also his will that we be free from unjust use of
        > force or authority.

        Another good reason to avoid cooperating with the dishonest Federal
        Reserve System (unjust weights and measures)!

        > Jahuwah didn't make the rules... but once men make
        > those rules His expectation is that they
        > be followed especially with respect to the doers of the Word. I was
        > shown that it is my job to use their own laws against them.
        >
        > Just my opinion and belief.

        How might you use the info that HJR192 is repealed? Any ideas come to
        mind lately? It looks like if using their own laws against them is the
        goal, you now have more work available to perform!

        I was pleased to see all those cases posted on the money that pretty
        much show that the Fed house of cards cannot stand forever and is
        ultimately forbidden by the constitution. It will be interesting to see
        their defense to the removal of conditions created by HJR192.

        Regards,

        FF
      • dsl_studly_ohtd
        Scott, This is a typical argument I ve heard from many lawyers who work collection cases. I m just grateful our judges don t agree with you. There have been a
        Message 3 of 15 , Dec 29, 2006
          Scott,

          This is a typical argument I've heard from many lawyers who work
          collection cases. I'm just grateful our judges don't agree with you.

          There have been a number of large collection agencies who were heavily
          fined due to a repeated pattern of improper service.

          The fact is that every state has a very clearly worded law on how to
          serve a process. I do it here in Michigan. And I've seen many people
          abuse the law in order to try and serve people.

          Then it's up to the defendant to prove they were wronged.

          If properly served, you will never have an issue with having a cased
          tossed out. Try it sometime and quit taking the easy way out.
        • dsl_studly_ohtd
          It all depends on the state you live in, and their laws. In Michigan, this would be an improper service, unless the process server had received an alternate
          Message 4 of 15 , Dec 29, 2006
            It all depends on the state you live in, and their laws.

            In Michigan, this would be an improper service, unless the process
            server had received an "alternate service" order. In that case, he
            could give it to anyone at the home of legal age, or simply tape it to
            the front door.

            In Washington, it would be legal, as they simply have to serve it upon
            a person of "reasonable age" at the residence address. Obviously, for
            this reason, there are a terrible amount of bad services in
            Washington. Many times it's delivered to the "last known address" and
            the defendant never knows h


            > MY QUESTION IS: SOME PERSON CAME TO MY HOME AND KNOCKED AND MY 16 YR
            > OLD DAUGHTER ANSWERED AND HE GAVE HER PAPERS TO APPEAR IN SMALL CLAIMS
            > COURT AND SAID TO HER " YOU HAVE BEEN SERVED" iS THIS SERVICE LEGAL?
            >
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