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motion

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  • john john
    can you do a motion to dismiss for lack of speedy trial?
    Message 1 of 13 , Jul 3, 2014
      can you do a motion to dismiss for lack of speedy trial?
    • Frank Dartee
      Yes but it is called Motion to dismiss for lack of prosecution (or failure to prosecute). Check you local statutes in your state because the length of time
      Message 2 of 13 , Jul 7, 2014
        Yes but it is called Motion to dismiss for lack of prosecution (or failure to prosecute).  Check you local statutes in your state because the length of time differs sometimes depending on what type of action it is.  For example: a civil suit could be 6 months but foreclosure could be 12 months.

        Also, you should always request to dismiss with prejudice or they may simply refile the action.


        On Thu, Jul 3, 2014 at 10:42 AM, john john johnslivres@... [tips_and_tricks] <tips_and_tricks@yahoogroups.com> wrote:
         

        can you do a motion to dismiss for lack of speedy trial?


      • Frog Farmer
        On Mon, July 7, 2014 1:26 pm, Frank Dartee frank.dartee@gmail.com ... In my own state (California) assuming for a moment they have their oaths and bonds
        Message 3 of 13 , Aug 5, 2014
          On Mon, July 7, 2014 1:26 pm, Frank Dartee frank.dartee@...
          [tips_and_tricks] wrote:
          > Yes but it is called Motion to dismiss for lack of prosecution (or
          > failure to prosecute). Check you local statutes in your state because the
          > length of time differs sometimes depending on what type of action it is.
          > For
          > example: a civil suit could be 6 months but foreclosure could be 12
          > months.
          >
          > Also, you should always request to dismiss with prejudice or they may
          > simply refile the action.


          In my own state (California) assuming for a moment they have their oaths
          and bonds together which they seldom do, they often try to trick the
          victim into believing that there is really an action filed against them
          when there really is not. The victim files a motion. All motions grant
          jurisdiction. With the enormous hurdle of jurisdiction waived, and a
          motion filed, they then backdate and file a real complaint, or as real
          looking as necessary to further fool the intended victim.


          I kept demanding a formal verified complaint for 9 hearings over 9 months.
          They fianlly had to "dismiss" the non-existent action for lack of speedy
          prosecution on the judge's verbal motion.


          Regards,


          FF
        • six pack
          On Wednesday, August 6, 2014 12:24 AM, Frog Farmer frogfrmr@frogfarm.org [tips_and_tricks] wrote:   On Mon, July 7, 2014
          Message 4 of 13 , Aug 6, 2014


            On Wednesday, August 6, 2014 12:24 AM, "'Frog Farmer' frogfrmr@... [tips_and_tricks]" <tips_and_tricks@yahoogroups.com> wrote:


             
            On Mon, July 7, 2014 1:26 pm, Frank Dartee frank.dartee@...
            [tips_and_tricks] wrote:
            > Yes but it is called Motion to dismiss for lack of prosecution (or
            > failure to prosecute). Check you local statutes in your state because the
            > length of time differs sometimes depending on what type of action it is.
            > For
            > example: a civil suit could be 6 months but foreclosure could be 12
            > months.
            >
            > Also, you should always request to dismiss with prejudice or they may
            > simply refile the action.

            In my own state (California) assuming for a moment they have their oaths
            and bonds together which they seldom do, they often try to trick the
            victim into believing that there is really an action filed against them
            when there really is not. The victim files a motion. All motions grant
            jurisdiction. With the enormous hurdle of jurisdiction waived, and a
            motion filed, they then backdate and file a real complaint, or as real
            looking as necessary to further fool the intended victim.

            I kept demanding a formal verified complaint for 9 hearings over 9 months.
            They fianlly had to "dismiss" the non-existent action for lack of speedy
            prosecution on the judge's verbal motion.

            Regards,

            FF



          • Frog Farmer
            On Thu, July 3, 2014 9:42 am, john john johnslivres@gmail.com ... The hardest thing for your opponent to prove is jurisdiction. All motions grant jurisdiction.
            Message 5 of 13 , Aug 26, 2014
              On Thu, July 3, 2014 9:42 am, john john johnslivres@...
              [tips_and_tricks] wrote:
              > can you do a motion to dismiss for lack of speedy trial?
              >


              The hardest thing for your opponent to prove is jurisdiction.


              All motions grant jurisdiction.


              Most people waive rights whenever asked to do so.


              To have more fun and lose less, deny jurisdiction and fail to waive rights
              when they ask you to do it in any of a mtriad of ways.


              Regards,


              FF


              P.S. In one case of mine, the judge made the motion for the prosecution
              after nine hearings over nine months. I wanted to rack up 12 hearings
              over 12 months but they ruined my fun!


              P.P.S. Remember foolks, in this rigged centrally planned economy, we are
              providing jobs for those unable to find honest work!
            • The Handyman
              In 1985 I found a book entitled Bear Bait. It was designed to fight traffic tickets. It did not provide a way to win in court but at least let you into the
              Message 6 of 13 , Sep 1, 2014

              In 1985 I found a book entitled Bear Bait. It was designed to fight traffic tickets. It did not provide a way to win in court but at least let you into the fight with something to throw at them.  Since then I’ve tried everything to no avail. There is no published way to win. Each man must study and apply his findings. Some findings will work one time and fail another. I’ve spent days in court and hours waiting for my case to be called which is always last when the courtroom is empty. So I had to develop a way to combat their tyranny and I did. It is a simple way to enjoy fighting the sentence…not the charge. It has worked every time for me and others. I show up and yes I answer when my name is called. I do not enter a plea and object to the judge entering one for me. Then object to any trial. Make the record as many times as you can with a simple statement…i.e. “I do not give consent to these proceedings”.  They will always continue and find you guilty and then comes the sentence where you start having fun. The judge after finding you guilty will usually say:”do you see any reason why I should not pass sentence today.” Respond:”Damn right judge you lack my consent”.  So their next move is to pass sentence which is usually a fine and in default there of some jail time. Example: $25.00 or three days in jail. Simply object and state that such is an illegal sentence and let them bring you to the payment clerk. The clerk is usually a dummy collecting fines from more dummies’. S/he will say $25.00 cash only. Then make him define what cash is.  Of course he can’t so demand to go back before the judge to get a definition that agrees with monetary law.  The judge, being a smart azz, usually holds up a FRN and says this is cash.  Start having your fun by saying it does not say cash on the piece of paper he is holding up.  He will say it may not say such but it is cash. Then say my understanding is that the paper object is called a dollar. Do you want dollars? He will respond and say:”the sentence was for 25 dollars”. Then say I have no dollars or cash and therefore have INABILITY to pay the fine. Don’t say I cannot or will not pay. The key word is INABILITY to pay.  Once you say such the judge is required to hold an INABILITY to pay hearing and the state must prove you have ability to pay. This they cannot do and this is where their monetary stupidity really shows up. After combating all allegation of what is money and dollars simply give the court an affidavit of inability to pay the fine and warn him that because you have INABILITY he cannot put you in debtor’s prison without violating his oath.  Once he reads the affidavit he knows you are loaded with responses that are too sensitive for open court or even on appeal. Can he say what pays a debt? Is a fine a debt? Usually they take the case under advisement and it disappears. The last case I had some anonymous person paid my fine just as I was cuffed and sent to jail. How convenient?

               

               

              "Taking the power from politicians is harder than taking meat away from a tiger...and just as dangerous."

               

              From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com]
              Sent: Tuesday, August 26, 2014 4:57 PM
              To: tips_and_tricks@yahoogroups.com
              Subject: Re: [tips_and_tricks] motion

               

               

              On Thu, July 3, 2014 9:42 am, john john johnslivres@...
              [tips_and_tricks] wrote:

              > can you do a motion to dismiss for lack of speedy trial?
              >

              The hardest thing for your opponent to prove is jurisdiction.

              All motions grant jurisdiction.

              Most people waive rights whenever asked to do so.

              To have more fun and lose less, deny jurisdiction and fail to waive rights
              when they ask you to do it in any of a mtriad of ways.

              Regards,

              FF

              P.S. In one case of mine, the judge made the motion for the prosecution
              after nine hearings over nine months. I wanted to rack up 12 hearings
              over 12 months but they ruined my fun!

              P.P.S. Remember foolks, in this rigged centrally planned economy, we are
              providing jobs for those unable to find honest work!

            • Linda Moriarity
              FF so if motions GRANT jurisdiction, how do you challenge jurisdiction without filing a motion to dismiss for lack of ? I have never had success doing this
              Message 7 of 13 , Sep 1, 2014
                FF

                so if motions GRANT jurisdiction, how do you challenge jurisdiction without filing a motion to dismiss for lack of ?   I have never had success doing this to date.  Judges ignore the issue even by 'special appearance'.

                linda

                From: "'Frog Farmer' frogfrmr@... [tips_and_tricks]" <tips_and_tricks@yahoogroups.com>
                To: tips_and_tricks@yahoogroups.com
                Sent: Tuesday, August 26, 2014 2:56 PM
                Subject: Re: [tips_and_tricks] motion

                 
                On Thu, July 3, 2014 9:42 am, john john johnslivres@...
                [tips_and_tricks] wrote:
                > can you do a motion to dismiss for lack of speedy trial?
                >

                The hardest thing for your opponent to prove is jurisdiction.

                All motions grant jurisdiction.

                Most people waive rights whenever asked to do so.

                To have more fun and lose less, deny jurisdiction and fail to waive rights
                when they ask you to do it in any of a mtriad of ways.

                Regards,

                FF

                P.S. In one case of mine, the judge made the motion for the prosecution
                after nine hearings over nine months. I wanted to rack up 12 hearings
                over 12 months but they ruined my fun!

                P.P.S. Remember foolks, in this rigged centrally planned economy, we are
                providing jobs for those unable to find honest work!



              • Frog Farmer
                On Mon, September 1, 2014 3:53 pm, Linda Moriarity ... IF, and that s a rare if I was wanting what would otherwise look like a motion, I d call it a DEMAND
                Message 8 of 13 , Sep 3, 2014
                  On Mon, September 1, 2014 3:53 pm, Linda Moriarity
                  buffalogirl93561@... [tips_and_tricks] wrote:
                  > FF
                  > so if motions GRANT jurisdiction, how do you challenge jurisdiction
                  > without filing a motion to dismiss for lack of ? I have never had
                  > success doing this to date. Judges ignore the issue even by 'special
                  > appearance'.
                  > linda


                  IF, and that's a rare "if" I was wanting what would otherwise look like a
                  motion, I'd call it a DEMAND if I had a right to have it.


                  But to avoid having to make repeated appearances and file piles of paper,
                  I prefer to challenge jurisdiction in the Initial Moment Of Confrontation.
                  In California, I find that to "work" best. Before we even get that dar,
                  I disqualify the contestant using whatever method seems best at the time.
                  All these paycheck anticipators have different motiations. I try to have
                  some fun and let them go. If they exhibit hostility, I may invest energy
                  in punishment.


                  In California, to have all rights immediately. one cannot produce "ID" or
                  further identification when asked. One MUST refuse in order to avoid
                  "unnecessary delay". When one decides to choose convenience and
                  expedience in order to get the pizza home quickly, instead of immediately
                  dmemandintg an appearance before a magistrate (there's supposed to be one
                  on duty 24/7/365.) Might as well share the pizza with him and the cop
                  you're going to disqualify. Make two new friends when you tell them you
                  aren't going to spoil their place at the public feeding trough if they let
                  you go to finish having a nice day.


                  Regards,


                  FF
                • Rosemary Gremillion
                  Do you guys like living in the USA? If has its pros and cons. I am pro-life and don t like living in a country that legalizes abortion and gay marriage. If I
                  Message 9 of 13 , Sep 4, 2014
                    Do you guys like living in the USA? If has its pros and cons. I am pro-life and don't like living in a country that legalizes abortion and gay marriage. If I had the money, I would find a way to leave the USA, and find a better place to live. I don't have the time or money to do all this research. I liked it better when I didn't have a clue what you guys were talking about because I didn't understand the legal jargon. Now, I understand it a little better, and I have now have a problem understanding you guys, but for a different reason. 


                    On Monday, September 1, 2014 2:25 AM, "'Frog Farmer' frogfrmr@... [tips_and_tricks]" <tips_and_tricks@yahoogroups.com> wrote:


                     
                    On Thu, July 3, 2014 9:42 am, john john johnslivres@...
                    [tips_and_tricks] wrote:
                    > can you do a motion to dismiss for lack of speedy trial?
                    >

                    The hardest thing for your opponent to prove is jurisdiction.

                    All motions grant jurisdiction.

                    Most people waive rights whenever asked to do so.

                    To have more fun and lose less, deny jurisdiction and fail to waive rights
                    when they ask you to do it in any of a mtriad of ways.

                    Regards,

                    FF

                    P.S. In one case of mine, the judge made the motion for the prosecution
                    after nine hearings over nine months. I wanted to rack up 12 hearings
                    over 12 months but they ruined my fun!

                    P.P.S. Remember foolks, in this rigged centrally planned economy, we are
                    providing jobs for those unable to find honest work!



                  • al danesh
                    Not able to open attachment. Has any one been able to open it? If so then please reply by copying and pasting the attachment you were able to open, in your
                    Message 10 of 13 , Sep 4, 2014
                      Not able to open attachment.
                      Has any one been able to open it?

                      If so then please reply by copying and pasting the attachment you were able to open, in your reply

                      thanks


                      On Tuesday, September 2, 2014 9:12 PM, "'The Handyman' ebobie@... [tips_and_tricks]" <tips_and_tricks@yahoogroups.com> wrote:


                       
                      [Attachment(s) from 'The Handyman' ebobie@... [tips_and_tricks] included below]
                      In 1985 I found a book entitled Bear Bait. It was designed to fight traffic tickets. It did not provide a way to win in court but at least let you into the fight with something to throw at them.  Since then I’ve tried everything to no avail. There is no published way to win. Each man must study and apply his findings. Some findings will work one time and fail another. I’ve spent days in court and hours waiting for my case to be called which is always last when the courtroom is empty. So I had to develop a way to combat their tyranny and I did. It is a simple way to enjoy fighting the sentence…not the charge. It has worked every time for me and others. I show up and yes I answer when my name is called. I do not enter a plea and object to the judge entering one for me. Then object to any trial. Make the record as many times as you can with a simple statement…i.e. “I do not give consent to these proceedings”.  They will always continue and find you guilty and then comes the sentence where you start having fun. The judge after finding you guilty will usually say:”do you see any reason why I should not pass sentence today.” Respond:”Damn right judge you lack my consent”.  So their next move is to pass sentence which is usually a fine and in default there of some jail time. Example: $25.00 or three days in jail. Simply object and state that such is an illegal sentence and let them bring you to the payment clerk. The clerk is usually a dummy collecting fines from more dummies’. S/he will say $25.00 cash only. Then make him define what cash is.  Of course he can’t so demand to go back before the judge to get a definition that agrees with monetary law.  The judge, being a smart azz, usually holds up a FRN and says this is cash.  Start having your fun by saying it does not say cash on the piece of paper he is holding up.  He will say it may not say such but it is cash. Then say my understanding is that the paper object is called a dollar. Do you want dollars? He will respond and say:”the sentence was for 25 dollars”. Then say I have no dollars or cash and therefore have INABILITY to pay the fine. Don’t say I cannot or will not pay. The key word is INABILITY to pay.  Once you say such the judge is required to hold an INABILITY to pay hearing and the state must prove you have ability to pay. This they cannot do and this is where their monetary stupidity really shows up. After combating all allegation of what is money and dollars simply give the court an affidavit of inability to pay the fine and warn him that because you have INABILITY he cannot put you in debtor’s prison without violating his oath.  Once he reads the affidavit he knows you are loaded with responses that are too sensitive for open court or even on appeal. Can he say what pays a debt? Is a fine a debt? Usually they take the case under advisement and it disappears. The last case I had some anonymous person paid my fine just as I was cuffed and sent to jail. How convenient?
                       
                       
                      "Taking the power from politicians is harder than taking meat away from a tiger...and just as dangerous."

                       
                      From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com]
                      Sent: Tuesday, August 26, 2014 4:57 PM
                      To: tips_and_tricks@yahoogroups.com
                      Subject: Re: [tips_and_tricks] motion
                       
                       
                      On Thu, July 3, 2014 9:42 am, john john johnslivres@...
                      [tips_and_tricks] wrote:
                      > can you do a motion to dismiss for lack of speedy trial?
                      >

                      The hardest thing for your opponent to prove is jurisdiction.

                      All motions grant jurisdiction.

                      Most people waive rights whenever asked to do so.

                      To have more fun and lose less, deny jurisdiction and fail to waive rights
                      when they ask you to do it in any of a mtriad of ways.

                      Regards,

                      FF

                      P.S. In one case of mine, the judge made the motion for the prosecution
                      after nine hearings over nine months. I wanted to rack up 12 hearings
                      over 12 months but they ruined my fun!

                      P.P.S. Remember foolks, in this rigged centrally planned economy, we are
                      providing jobs for those unable to find honest work!


                    • Frog Farmer
                      On Thu, September 4, 2014 9:56 pm, Rosemary Gremillion ... Yup. ... There s a lot I don t like, but the advantages are hard to beat. I live and let live. ...
                      Message 11 of 13 , Sep 6, 2014
                        On Thu, September 4, 2014 9:56 pm, Rosemary Gremillion
                        gremillionrosemary708@... [tips_and_tricks] wrote:
                        > Do you guys like living in the USA?


                        Yup.


                        > If has its pros and cons. I am
                        > pro-life and don't like living in a country that legalizes abortion and
                        > gay marriage.


                        There's a lot I don't like, but the advantages are hard to beat. I live
                        and let live.


                        > If I had the money, I would find a way to leave the USA,


                        Would that mean electronic digits and FRNs? Mexicans vote with their feet.


                        > and find a better place to live.


                        A long expensive hunt, easier done via internet. Let me know what you find.


                        > I don't have the time or money to do all
                        > this research.


                        All you need are the Declaration of Independence, Articles of
                        Confederation, Constitution for the United States of America, and your own
                        state constitution. EVERYTHING is based upon those. You should learn how
                        to find your rights therein and be able to articulate, claim and defend
                        them. It takes will power.


                        > I liked it better when I didn't have a clue what you guys
                        > were talking about because I didn't understand the legal jargon. Now, I
                        > understand it a little better, and I have now have a problem
                        > understanding you guys, but for a different reason.


                        I decided at 6 years old to be a free American. I spent 5 years in court
                        saying no and proving I'm costly to harass. It was worth it.


                        Regards,


                        FF
                      • Tim Miller
                        On Sat, 9/6/14, Frog Farmer frogfrmr@frogfarm.org [tips_and_tricks] All crimes are commercial... There must be a contract to proceed, there must be a
                        Message 12 of 13 , Sep 7, 2014
                          On Sat, 9/6/14, 'Frog Farmer' frogfrmr@... [tips_and_tricks] All crimes are commercial... There must be a contract to proceed, there must be a bi-lateral contract to have consent to contract; THEIR contracts are unilateral with no disclosure under "presumptions" look it up in the UCC and your state laws. DENY consent to contract by TESTIMONY on a court of record FIRST... before anything else is said. UCC on "Presumptions" § 1-206. PRESUMPTIONS. Whenever the Uniform Commercial Code creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence. On Thu, September 4, 2014 9:56 pm, Rosemary Gremillion gremillionrosemary708@... [tips_and_tricks] wrote: > Do you guys like living in the USA? Yup. > If has its pros and cons. I am > pro-life and don't like living in a country that legalizes abortion and > gay marriage. There's a lot I don't like, but the advantages are hard to beat. I live and let live. > If I had the money, I would find a way to leave the USA, Would that mean electronic digits and FRNs? Mexicans vote with their feet. > and find a better place to live. A long expensive hunt, easier done via internet. Let me know what you find. > I don't have the time or money to do all > this research. All you need are the Declaration of Independence, Articles of Confederation, Constitution for the United States of America, and your own state constitution. EVERYTHING is based upon those. You should learn how to find your rights therein and be able to articulate, claim and defend them. It takes will power. > I liked it better when I didn't have a clue what you guys > were talking about because I didn't understand the legal jargon. Now, I > understand it a little better, and I have now have a problem > understanding you guys, but for a different reason. I decided at 6 years old to be a free American. I spent 5 years in court saying no and proving I'm costly to harass. It was worth it. Regards, FF
                        • Frog Farmer
                          Sorry for the late reply. On 9/4/2014 7:56 PM, Rosemary Gremillion gremillionrosemary708@yahoo.com ... Where else is a man King? But I know what you mean...
                          Message 13 of 13 , Jun 19, 2015
                            Sorry for the late reply.

                            On 9/4/2014 7:56 PM, Rosemary Gremillion gremillionrosemary708@...
                            [tips_and_tricks] wrote:
                            >
                            >
                            > Do you guys like living in the USA? If has its pros and cons.

                            Where else is a man King? But I know what you mean... it has pro cons
                            in charge.

                            > I am
                            > pro-life and don't like living in a country that legalizes abortion and
                            > gay marriage. If I had the money, I would find a way to leave the USA,
                            > and find a better place to live.

                            Where is that? If you like Nazis, Switzerland might be nice.

                            > I don't have the time or money to do
                            > all this research.

                            If I get a new case, you'd be surprised at how few pages in law books I
                            need refer to. Most losers i talk to never read the few pages in the
                            Penal code that describe what is necessary to take away one's liberty.
                            Most never even read the court rules. Most are like deer in the
                            headlights. Freedom isn't free and does require a certain caloric
                            expenditure.

                            > I liked it better when I didn't have a clue what you
                            > guys were talking about because I didn't understand the legal jargon.
                            > Now, I understand it a little better, and I have now have a problem
                            > understanding you guys, but for a different reason.

                            I know what you mean. Instead of teaching all kids the rules early on,
                            they ignore the topic and make it more difficult. It gives the elite an
                            edge. It is a game, with rules and referees. I started trying to
                            understand the game at age six. Some wait until they sit in a cell
                            somewhere. In law and chess, i try to confuse my opponent. Maybe that
                            becomes evident in my posts.

                            >
                            > On Monday, September 1, 2014 2:25 AM, "'Frog Farmer'
                            > frogfrmr@... [tips_and_tricks]"
                            > <tips_and_tricks@yahoogroups.com> wrote:
                            >
                            >
                            > On Thu, July 3, 2014 9:42 am, john john johnslivres@...
                            > [tips_and_tricks] wrote:
                            > > can you do a motion to dismiss for lack of speedy trial?
                            > >
                            >
                            > The hardest thing for your opponent to prove is jurisdiction.
                            >
                            > All motions grant jurisdiction.
                            >
                            > Most people waive rights whenever asked to do so.
                            >
                            > To have more fun and lose less, deny jurisdiction and fail to waive rights
                            > when they ask you to do it in any of a myriad of ways.
                            >
                            > Regards,
                            >
                            > FF
                            >
                            > P.S. In one case of mine, the judge made the motion for the prosecution
                            > after nine hearings over nine months. I wanted to rack up 12 hearings
                            > over 12 months but they ruined my fun!
                            >
                            > P.P.S. Remember folks, in this rigged centrally planned economy, we are
                            > providing jobs for those unable to find honest work!
                            >

                            The teacher who taught me the most and got me into this with my first
                            case and win was George Gordon. One of his first lessons was, "If
                            you're not having fun, you're not doing it right."

                            Regards,

                            Frog Farmer
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