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Civil proceeding- Attending court as a living man
Hi folks,
This one is for anyone who has been to court.
I have a hearing in 7 weeks at Brisbane magistrates court. I discharges a $38,000 unsecured personal loan with a BOE/money order.
My question is- How does one go attending court and claiming his status as a living man when filing a defense (which had to be done) and submitting affidavits are for the dead? How can you write and submit these document as evidence to rely on and then stand in court as a living man, referencing and relying on affidavits that you wrote that are documents that are only for the dead.
Doesn’t that throw a bit of a spanner in the works?
Also if anyone knows of anyone in the Brisbane area that may be able yo assist me with this matter in court as a McKenzie’s friend please let me know. It’s my first time in court so having some assistance would be beneficial I think!
Thanks!
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33 Replies
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If Notary witnesses your signature and it is an all rights reserved signature then he can witness the living and the dead, a jp can only witness the dead.
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Hello there. I am not going to give you too much help as like you I am a novice although I have gone to court a couple of times. Last time I represented myself but unfortunately the judge wasn’t on my side. I do know I did a few things wrong such as not asking questions. So when asked by the judge something like why have you not paid, answer with something like Have I not paid to the tenor of my acceptance as per S59 and S60 of the BOE Act 1909. Research on here Holding your position as it gives a lot of help in this area. I also did an affidavit but unsure if the judge bothered to read it. You send it to the court at least a couple of weeks before you attend and attention it to the registrar. In my affidavit I wrote I am the living woman as a point. I also wrote I do not recognize my all caps name and I am the beneficiary of my all caps name. This is letting them know that you are there representing your trust. Anyhow as I said I have limited knowledge and hopefully someone else will give you a bit more advise. Good luck. I was told do not stress but I found that a bit hard. Try not to if you can. Just remember always answer a question with a question and ask it 3 times. If they do not answer you can answer for them. Silence is acquiescence as they say. Cheers.
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There is a really good court script in Module 10 Strategies to discharge Credit Card Debt.
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I have heard that an affidavit on the public side is actually a weak form of evidence and if you are going to send it in that way, do it by International Registered Mail. Apparently it makes it fall under International Jurisdiction and a Judge could be Investigated by AFP for treason and fraud. The only way Wo/Man can be seen, is In-Chambers and the only way to do that is to send an affidavit in on the private side. To do this, you really need to know what you are doing. This is what I believe Romley did, when he merged Equity and Title together, collapsed the Trust and got Foreclosure.
They Living can NOT be seen in the Dead System. If you go in, do not be that name and appearing, even by Special Appearance is an acceptance until you can prove otherwise. So prove you are not a Person or Show that you are a Wo/Man and only have an Equitable Interest in that Name. They are looking for you to sign off as the Bankers Acceptance.
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Have you purchased Module 7 deliver Payment by way of BOE Module 17 Court Role Play Module 25 How to write a formal complaint competently Module 28 Address a Summons and Notice to Appear Module 31 Pursue a Claim through the Courts Module 33 Completed Defence and Counterclaim Forms, Module 35 Settle any outstanding Matter at a round table meeting Module 48 Application for Summary Judgement and Module 55 Debt Recovery Process?
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There is a Q and A session coming up also where you can ask questions of Mark https://solutionsempowerment.org/event/general-qa-september-13/
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Hi Brandon,
What I did is ask for a mediation with the party lodging the statement of claim, that way it stays out of the courts.
I then sent them demand notices, it was not easy as they just kept coming but in the end I lodged a complaint with the Australian financial complaints authority.
The party has stopped all contact once I lodged the complaint.
The afca are still viewing it all but the party never corresponded to the afca as advised by the afca.
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A lot more to the story as I had sent lots of notices before but i also sent the notices during the mediation also.
Once I had them in check I went and lodged my complaint.
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I must add I had the bailiff come to my house twice, once when I was there and I was able to state that is not me because it is in all caps and a corporation and that I can not help them. ( they did not what to do and just left)
The second time I was not home by my girlfriend was, I told her to say she knows nothing about the situation and does not consent to taking the document on my behalf.
Because the summons was out of the blue (meaning the last time I had heard from the party was some 4 months prior) I then new I had either deal with it in court or as for a round table meeting.
Once I setup the mediation ( which when I asked to do face to face they said no and would only do via phone or email) I then setup a ton of setup questions and had them in a private default judgement again. That is when I lodged the complaint and so far so good. Fingers crossed.
This is for a debt collector and to the valve of $20,000
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Have you seen this? https://solutionsempowerment.org/webinar-how-to-address-the-court-to-win-your-case/ And bought this? https://solutionsempowerment.org/p/module-28b-how-to-address-the-court-to-win-your-case/
solutionsempowerment.org
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I have purchased that module and most other modules available. I prepared myself for court. I did all the right process including the notices to get a private agreement by estoppel. I did the counterclaim etc. I sent in the Affidavit that said I was a living woman etc. I sent in the Notice to Appear etc. As I said, I did all the right process. Part of the process of the counterclaim is to choose to request either a Summary Judgement or something else. If you request that, you have to choose a court date and time. So then I had to appear in court with my husband. I don’t know what would have happened if we didn’t appear for an administration case….whether they would issue a warrant? Anyways, I would like to share my experience to help anyone else. It was at Brisbane Magistrate’s Court. The other party/plaintiff, was the debt collecting firm for the Council. We had paid rates via BOE money order. As soon as our case # was called out, whilst I was still walking up to the bench, the lawyer was already giving his speel to the magistrate. I missed out on hearing it all, but caught the tail end of it, where the magistrate was giving eye contact/signal and nodding and already on the lawyer’s side. The magistrate was nodding like he could relate to what the lawyer was saying, making us look ridiculous. It was my turn and I was asked if I was the name on the case file. I tried to go quickly, like Mark said, but the magistrate saw red. He lost it, was immediately angry and pretty much stopped me in my tracks and threatened me that if I wasn’t the person that I was not allowed to be there to speak at all. I was given a second opportunity to say if I was the person on the claim. I again followed the script “I am here about that matter, I am the Beneficial Estate Title Holder…” He cut me off and yelled at me, I will not have that gobbly XXXX You stop that!!! etc… I was hoping to be able to have a fair case where I could ask questions and I had all the evidence but he protected the lawyer and had already decided against me. He also signalled by his eyes and actions to the lawyer that he would look after him. I kept going, I reserve all my rights and waive all the benefits & privileges, I do not consent to these proceedings, I do not consent to do business with that man, I do not consent to …. He absolutely lost it. I said, with respect, Your honour, I sent you a document to say I am the “authorized representative” that was coming in today. He just cut me off. Wouldn’t allow me to speak. Wouldn’t look at any of my documents, didn’t care about any private agreement I had, didn’t care to know about any breach of contract by the other party. I requested the clerk to put down for the record that I was holding a “Fee Simple” title which is a contract between Queen Elizabeth and me. He turned to the clerk and said “you will not write that…strike that out” So I turned to the people in the room and showed it and said I show this to all the people in this room as my witnessess that I have a Title in Fee Simple and I have a contract with the Queen Elizabeth 2 and only she can break it. When he calmed down a bit, and asked me questions as to what I was relying on, I tried to give evidence. I was not allowed to present any evidence. He only wanted to know what in my affidavit. So I said I had a settled private agreement. He said, no we’re not going there. I requested that he be fair and honest…but I could see that he was going to make sure I lost. So knowing I had already lost, I used it to say my speel. “This applicant has and ABN number and is a Corporation and is subject to the Corporations Act 2000, which requires it to have a wet – ink signature contract, and it does not.” He did not care, ignored me and proceeded to make his arrangements with the lawyer, as if I wasn’t there, like he couldn’t see or hear me, ignored me. So whilst they did this, I said over them, the speel “You do as you like, I do not consent to these proceedings, I do not consent to doing business with this court, I do not consent to doing business with this man etc.” When he finished he said suggested by my demeaner and way I behaved whether I have had a mental assessment. I have heard of them using this line and even having people taken away on the spot based on this, but it was usually with people bringing up the differences with the all caps name etc. I just looked directly at him and replied “I reject that presumption”…at which he ended the proceeding and made arrangements to talk to the lawyer in private to make his order. I am not sure what to do next. I have seen corruption and evil.
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So what was the order that the judge made in the end?
Was every argument and every piece of evidence (your private agreements) you tried to use put in your affidavit?
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This reply was modified 1 year, 8 months ago by Brandon-Nicholas.
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This reply was modified 1 year, 8 months ago by
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The judge made no order in my presence nor talked to me at all about any result. He only spoke to the lawyer with a low volume, so I couldn’t hear, whilst facing the paperwork, it was very quickly said and legal language and half sentences, phrases that the lawyer understood. All I heard was he would go over whatever they(the lawyer) wanted and work out something there. He indicated for the lawyer to meet him afterwards somewhere and he would work out something etc. He spoke intentionally in a way so that I wouldn’t be able to hear what he was saying to the lawyer. His body was turned and facing the lawyer. He generally did not allow me to speak. At one stage he asked me what I was relying on, but also at the same time directed me with threats to that evidence being only within my paperwork already submitted, but at the same time would not look at any paperwork I submitted except what point I would specify within my affidavat. So I directed him to the point & exhibit of the equitable estoppel / private agreement where the plaintiff (other party) had agreed to waive their right to pursue a claim etc. He had a smile and quietly laughed it off, smurking and just ignored it all. The amount that I was claiming for damages as per the fee schedule which was in the 3 step notices, the lawyer said, I was not a lawyer and trying to claim legal fees, so the magistrate believed him and didn’t even do his job fairly or honestly. When I had the opportunity, I said, regarding those fees, I never claimed that I was a lawyer, and that there’s an private agreement in place and those are breach of contract fees. The judge would not even give me the decency to look at me when I spoke, he just looked down at paperwork busy to show me nothing I was saying was of any impact to him. He had a smurk and ridiculed the agreement. In the very end after he had ended by ridiculing me once more about having a mental assessment, as he was making arrangements to do his private court order, I said, Sir, do you have any authority under the UCC, since my property is held under the UCC? And he replied, My authority is under the Queensland XXXXXXXX (something I can’t remember). I repeated, well, you do as you like, I don’t consent to these proceedings.
I forgot to mention in my first comment reply above that I had also said the “I am only here under duress, protest & threats of menace” as Mark had instructed. I had a one page as Mark instructed, in front of me to keep me on back on track and remind me of what to say.
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This reply was modified 1 year, 8 months ago by sseeto.
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Wow you were fantastic!!! Well done. If you recorded the proceedings then you will be able to take it to an appeal and you will be able to put in a formal complaint against the judge. You did an excellent job considering all the pressure you were under as he was trying to chuck you under the bus and make you back down. You held your position, great stuff!!! If you didn’t record it they will just redact any transcript (as happened to me and a friend) so you will then have to rely on witnesses to write affidavits about the proceedings.
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There was only my husband and myself. He only came because a friend told us that if he didn’t attend they could put a warrant out for his arrest. Not sure if they would do that for an admin proceeding, but his name was up on the board when we arrived, even though I sent in only one form of Notice to Appear. It was only for me to appear, and it said I was the “Authorized Representative” named First Middle name was coming in. I always sign off on the right side of the page:
By order of
STRAWMAN NAME
By
(signature in purple pen)
Authorized Representative
All rights reserved
non waived ever
Since I was the one who put in the application for summary judgment and for the hearing date and time, I thought that I could also control who would be attending on behalf of the 2 strawman dead entities. Isn’t that what lawyers are allowed to do? Attend on behalf of their party? So I went up for the estates that were being addressed. I also told the magistrate that he was the Trustee. Of which he replied “I am not!!!!”
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Doesn’t Mark say not to put the judge in the firing line as it puts him offside but rather indicate/implicate the lawyers/claimants and leave the judge out of it as he is meant to be a neutral party?
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Unfortunately, the judge was not neutral from the very beginning as soon as I wouldn’t say I was my legal fiction. Nothing was fair about this proceeding from the get go. He wasn’t open to me saying anything. I had lost before I even started. He did exactly as Mark said some of them do, they don’t answer questions and move in to protect the lawyer from answering questions.
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The Judge isn’t just protecting the Lawyer, he is protecting himself. It’s his securities that he has leveraged against yours to be the Bankers Acceptance with the Court Order Bond. By saying you do not consent, you are saying your Estate will not be the surety to the transaction. So who will have to pay?
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I never got an opportunity to say after he denied he was the trustee, if you’re not the trustee than someone else here must be and look at the other party, like Mark taught.
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The fact you are in their custody, makes them the Trustee. They also Speak and Act on behalf of the Owner of this Fake Country, so under their Legislation, the Owner bears the Liability. They are definitely The Trustees.
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No recording. I was up there as the authorized representative for both of us. Husband was ready incase they forced him to come forward….but that didn’t happen. I held my position right through to the end as Beneficiary and keeping the magistrate as Trustee and I did not consent, although in the first 3 minutes where the magistrate pressured me I was in shock and so much pressure trying to gather the courage to try again withstanding his threats.
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We can only be the Beneficiary, once we have corrected the record and have the right status. Otherwise they will not see you as such.
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This reply was modified 1 year, 8 months ago by
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<div>@sseeto this sounds like if you applied for a judicial review you would gain some more traction. It sounds like you did quite well considering it was your first time in court.
From what Mark has said in tbe past, all of those statements made by the judge are just offers.
I have hired Doug McCoy to assist me as my McKenzies friend when I have my matter on 27th of October (at Brisbane aswel) as being my first time I think there are certain things the judge may say that I won’t know how to respond.
So you have recieved no court order? When was this? Was the hearing for a summary judgement that you applied for? Or a summary judgenent that they applied for?
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This reply was modified 1 year, 8 months ago by Brandon-Nicholas.
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I followed Mark’s instructions in the module for a Defence and Counterclaim, which included to do a application for a summary judgement Ex parte. When I filed it at the registrar, the registrar, shook his head and said you can’t file for ex parte, it has to be heard, and asked me what date and time suited me. He gave me 3 dates and I picked the latest one to give me the most time to prepare for court….problem is, it gives the other party more time to prepare. The other party played dirty. We didn’t hear anything from them for ages, and then they filed on the last day that any more paperwork was allowed to be filed in at the registry, so theirs was the last paperwork. It was two affidavits from clerks in their firm, saying they didn’t have first hand knowledge but the mountain on paperwork they submitted was what was provided to them by the solicitor firm. My hearing was Friday morning. On Wednesday lunchtime, a letter arrived by express post that made us an offer to drop the hearing/case and the offer to decide had a time limit by 4pm that same day. The paperwork in that envelope threw me off from spending my time preparing for court. They play mind games. It took me a while to realise that they were just photocopies of previous documents that they had already sent us in the past…. nothing new. Because we didn’t respond to them by 4pm, they had mail delivered to our letterbox that evening without us knowing. A plain grey satchel with no sender or other details except our names. In it was the thick affidavits that they filed in to the registry earlier that week. We received it in our letterbox with 24 left before the hearing. They were allowed to use that in court. The magistrate listened to all they said, and wasn’t open to anything I had to say. Also, when I brought up that I had applied for summary judgement ex parte, the magistrate said, well you’re here so it can’t be ex parte. So it’s like circular reasoning….a circus.
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Here’s some more info to protect your home
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We weren’t told a thing. I’m guessing it will come in the mail. I’m concerned about what I should do next. I know it’s only an offer and you can turn the court order into a contract with a default & liability clause, but my property is not protected. I’m concerned that they could file an interest in my property at the titles office.
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If they file 1 day before you can ask for an adjournment, as you haven’t had time to go through their filing. The mail they sent you wasn’t delivered early enough for you to be able to prepare before court either.If they refuse to adjourn they are not following rules of equity and acting dishonourably and not giving you what you are entitled to, therefore in a higher court there could be repercussions for them. if they had no first hand knowledge they were third party interlopers. The matter was between you and whoever you sent your notices to. They may offer to sell your house and that is why Mark says to tackle the rates after you have had many successes in other areas. You will have to study and study and prepare for what they might try now. You have got the necessary paperwork but now it is a case of you holding your position with it competently.
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The judge ignored when I brought up that these document were only given to us in the last 24 hours.
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From what I have learnt some judges will ignore what you are doing so you just steam ahead anyway to ensure you get on the record what is transpiring. That is why it is so essential to record what is happening yourself. Mark says if they challenge him recording (but doing it discreetly, but sometimes they notice and challenge it) that he asks ‘Does a man not have a right to protect his own interests’ or words to that effect. Because he is recording everything, whatever they say or do not say in response can and will be used against them if necessary. If they assent by not answering then after asking three times without answer he will say something like ‘We are in agreement then, a man does have a right to protect his own interests’ and then he has successfully held his position.
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Here’s some info about ex parte and some information about court it may help you to see what you could have done differently to achieve a better outcome. I’ve also included information to protect you from them stealing your property.
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This reply was modified 1 year, 8 months ago by
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I would go to the court and ask the registrar for a copy of any order that was made for that hearing and see if there was an order. Then I would be appealing the judgment or applying for judicial review. You will be better prepared for what you are up against for the next hearing. I wouldn’t wait for something to come
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One tip I will give you from my experience incase you get a tough one like me. He would only look at what I submitted within my affidavit…and even then, had an attitude that nothing had weight…found it all amusing.
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