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Do I Admit Or Deny To Being A Natural Person Capable of Being Sued?
Help please!
Working on my Intention to Defend & Counterclaim (in QLD).
We are being sued for unpaid rates.(Some backstory: I wrote them three notices of conditional acceptance asking them to provide evidence I was not a man, that my name appeared in the act, and that the act they claim has a royal assent and a proclamation date. I got generic replies in which they insisted they were legally permitted to demand rates/levies. I failed to go get a default judgment in a timely manner, however, and so their lawyers served us with a claim against us filed in the Magistrates Court for unpaid rates.)
Among their claims, they have claimed that my wife and I are natural persons capable of being sued.
My instinct is to deny this claim, or ask for further evidence or something, but in Mark’s webinar on the intention to defend documents, in his mortgage example he shared, they affirmed this claim. So I’m a little confused. I don’t want to mix jurisdictions and accidentally get myself locked up and psych-tested.
(Especially so if my wife also has to appear as 2nd defendant. The idea that they might try to take both of us and take our little ones away if I screw this up is very alarming.)
By affirming, am I not admitting to being a person (as opposed to a man) according to their system under the second witness principle?
Doesn’t it shoot the whole “How does your act apply to a man?” thing in the foot?
Or does stating that I reserve all my rights in court somehow negate this?
Also, was I correct in understanding that even if the court rules against us, assuming it does go to court and we fail to hold our position, we could still theoretically change the details, add a sum certain and some consideration and discharge the court-ordered liability by contract, or give a promissory note? (I haven’t actually learned how to do those yet. I wrote my first three notices based on Tom Barnett’s How To Write A Notice video.)
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5 Replies
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Go to the Contact Tab at the top of the page and make an appointment with a professional. It will cost you ($200 the last time I heard) You need help that is above the pay grade of most members here. I’ve attached information that might help a little, however you need to do intensive study on court procedures and learn scripts to deal with the judge. It’s a huge learning curve and council rates are not an issue you should start with as councils are notorious ly difficult to deal with. However now that you have jumped out of the frying pan and into the fire you better pay for some assistance to try to keep them from taking your property.
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Yeah, I really don’t have the money for that. Thanks, anyway.
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Good luck with everything, there’s lots of information in the webinars if you really hunker down and study. Maybe you could just pay the rates this time and start working on small things like traffic tickets and parking tickets and discharging credit cards to teach yourself the processes and get some successes behind you before tackling rates.
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Thanks. Your pdf was a good suggestion. Perhaps if I had more time. But I’m between jobs right now, so I don’t think I could get approved for a credit card and receive it quick enough to do that.
I will just hunker down, and take notes.
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Great stuff!! Go well 🙂
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