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local municipal court threatening with prison
Hi guys,
so my city council has enforced the local court to start a legal process against me, because of breaking curfew regulations, back in 2020. I had done a 3 letter process to the local city financial manager, and now I have a letter from the court, that they want to send me to prison.
Because I didnt look at my mailbox, the letter from the court is 25 days old, I am in default to reply since 14 days.
What should I do?
If I remeber correctly I should send all evidence of the case, i.e. my private letters to the court incl. an Affidavit that states that I dont want to conduct business with them?
I would also be ready to write a letter to the attorney general. I just dont know what I would have to state in that letter.
Thanks.
this is pretty urgent
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This discussion was modified 2 years, 3 months ago by
torus.
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This discussion was modified 2 years, 3 months ago by
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13 Replies
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You can potentially modify any offer they send including summons. You
Stamp on it in red RECEIVED and put beside that the date you received
it. You have 72 hours from then to change the terms of the instrument
and send it back. There’s lots or things you need to modify or fill in
on the negotiable instrument/summons as well. You can learn how to do
this in the rules of the game workshops under the knowledge tab which
costs money to purchase but money well spent. A quicker path is to
watch; http://solutionsempowerment.org/webinar-accept-a-public-offer-to-contract-eg-statement-of-account-on-your-terms/
(a summons is an offer to contract and a negotiable instrument) http://solutionsempowerment.org/webinar-options-to-address-a-summons-notice-to-appear/
http://solutionsempowerment.org/webinar-court-role-play-how-to-competently-address-court-win-your-case-and-or-have-the-case-set-aside-sine-die-or-dismissed/
and buy the module packs that go with them. There are many webinars you
can watch but these are the ones that will give you the starting
elements for what you need now. If you go to court you need to record
the proceedings.Webinar: Accept a Public Offer To Contract (eg Statement of Account) On Your Terms
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I really dont have enough funds to pay for anything right now. I am on welfare. There all sorts of potential other costs I will have to pay in the near future. Just today my 125cc scooter broke down.
I have some experience with creating Affidavits and other documents, so I should be able to create them. After all I would have to translate them to german.
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I forgot to mention one thing Morag. The court has simply asked me to pay the 300€ , There is no hearing date or anything. They gave me a 1 week period to reply,thats it.
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Hi Morag,
so what I did in 2021 was to send firstly 3 letters to the lower Boss of the city council . Its was a conditional acceptance: I am ready to pay if you can provide evidence that I am a man. They replied with “yeah, its all legit what we do”. I then sent the same letter 3 x to the chief financial Boss of the council, and then never got any replies back ever since. That was in June 21.
I am gonna study all of this, and I have watched the correct webinars already back then (court realted). My first question would be, what would be the perfect letter to send on monday, to gain some time? Of course a formal apology at first, for not replying back in time, but what then?
Its not gonna be possible to create all the right documents by wednesday or so next week.
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For now just read and study all the resources I have sent you, that will give you plenty to work with while you are watching the webinars.
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from my commercial understanding, the city council subsidary corporation has offered their debt claim to the court, and the court is acting as a third party debt collector. The court now wants to know from my side, if I accept to be the debtor?
So that gives me what options?
Sorry, but I can only be straight forward with my paperwork, when I fully understand whats going on in the background, as commercial transactions. Of course I will study, but I dont see the direction I must move.
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They have not proven their claim as evidenced by your agreement with them this requires you to hold your position with your paperwork and prepare an affidavit for court outlining the agreement established. if you believe the court is acting as a debt collector then you need to ask them questions in your paperwork around that. If you study the stuff I have given you , you may find some where to start. I am only giving you suggestions, based on what i have learnt observed and tried for myself in a limited capacity. We are all learning here and the only ways you can get expert advice is to either pay for it or study and then apply it for yourself. I wish I could do more for you and I am doing my best to give you information that will be useful to you. Make sure you have witnesses in court that are supportive of you and record the proceedings to protect yourself. Study alongside what I have provided is imperative. There are no guarantees of success, that is dependent on many factors, the ones under your control are study role play and then application and holding your position with your paperwork.
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Thanks morag. A few more questiony before I go to sleep (its late here).
I get the points you mentioned. How to structure the Affidavit point for point? “I have an agreement with the other party by default” ,” I do not consent to doing business with the court.” ?
As I recall Mark mentioned that you send in all your evidence and you write that you have no interested in doing any business with the court, and “in case there is a hearing I will appear only under duress and threat of menace.” Thats all I remember, and which made sense to me.
I can hold that position in court, pretty sure.
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Here’s a fourth round affidavit for the non consent docs. You would write it in a similar way to this Read all of the docs i have given you to see how you would with court.
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there is also a webinar on how to write affidavits http://solutionsempowerment.org/webinar-how-to-draft-and-apply-affidavits-and-declarations-effectively/
Webinar: How To Draft and Apply Affidavits and Declarations Effectively
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