4 Secrets of the Legal Industry
Most judgments are not merely voidable, but are in fact VOID JUDGMENTS. They can be vacated; made to go away (Although, it is an up hill battle, much like pushing a rope). Rarely has any authenticated evidence, competent fact witness, or even a claim been put before a court and on the record.
Defective affidavits, hearsay as evidence and no stated damages are but a few elements that rob the court of subject matter jurisdiction (at last count there are 22 elements that deprive the court of SMJ). Some of the elements are: denial of due process, denial of meaningful access to court, fraud upon the court, and fraud upon the court by the court.
(Although these pages are aimed primarily towards debt, credit card debt, the principals set forth herein apply to virtually all civil and criminal cases.)
Common pleas such as "open account" or "account stated" are often used in place of, and sometimes in conjunction with, breach of contract. To file under breach a contract would require that they bring in the signed contract, agreement, or note. They don't bring in a contract, they bring in the "terms of agreement" which has no signature or persons name on it, a template that could apply to anyone.
These are just some of the tools used by debt collectors (credit card debt collectors in particular) and their counsel to perpetrate a fraud upon the court, with or without the courts cooperation or complicity.
At the same time, courts, almost as a rule, openly display a bitter and venomous hatred of pro se / pro per litigants. So don't expect the courts to just roll over and give you what you demand without a battle. It doesn't matter to them that you are right, it matters only that you are pro se; an inferior, low life being, and the courts have a position and the income of their brotherhood to protect. This attitude by the courts and Bar authorized attorneys tends to support the position expressed by Bill Bauer from CreditWrench.com: "There's more value in being a pain in the arse than in being right."
These are the four secrets:
1. Courts of general, limited, or inferior jurisdiction have no inherent judicial power.*
2. We have a common law system.
3. Attorneys CANNOT testify.
4. Before any determination, there must be a court of complete or competent jurisdiction.
*"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." U.S. Const. art. III, § 1, cl. 1.
A word from Richard on
the Helm Society School.
Why pay debt collectors when you can make them pay you?!