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  • Information on being Summons to court

    Posted by Danny on May 16, 2023 at 7:42 pm

    Hi All,

    So today I had a bailiff come to my house and ask for my name, I replied that maybe there is someone by that name here but I asked how is it spelt first please, she then showed me the document.

    I then said oh I’m sorry there is no one here by that name, the bailiff then looked at me as if to say “what the hell do you mean” I then explained to the bailiff that it’s not possible for that name to be here as that is all caps name is it not? She said yes it is, I then said is that not a corporation? She not I don’t believe so.

    I then said well it’s in all caps so it has to be a corporation so I’m afraid I can’t help you as that name is not here goodbye.

    The bailiff then stood there for a few seconds and then walked back to the car.

    So my question is now will they deem that as being served?

    Will they issue a warrant and state it was served and i did nothing about the summons? I must note neither of us were filming the incident.

    I was thinking of just calling the court house and saying i had a bailiff come to my house but they did not provide me evidence the summons was for a man so what should I do?

    I’m happy to take on the summons as I just don’t want them building a case without me knowing of it, if you know what I mean.

    Danny replied 2 years ago 4 Members · 12 Replies
  • 12 Replies
  • E.H.

    Member
    May 16, 2023 at 8:02 pm

    I’d say just do a conditional acceptance when you hear from them next.

  • morag-janet-of-the-hill-family

    Member
    May 17, 2023 at 9:03 am

    You have to work out what is the best option for you. Definitely it would be a good idea to record any further interactions. Note; you do not have to explain to the bailiff anything about the strawman as those people are generally just front line sheeple that know nothing about the way the system works behind the scenes and all you will probably end up doing is muddying the waters. Your first answer to him was probably the correct one and you can just hold your position with that if you do not wish to accept the offer. If you want to accept the summons then the next time you have an interaction you can do so. Make sure you get the full name of the person approaching you and that you can record the interaction so you can hold them to account in future if necessary. If they refuse to give it then you might say “I don’t do business with strangers, goodbye” The suggestion above of conditional acceptance is a very good one and writing a three step notice with an affidavit is probably a good idea as you need to prepare now for court if you believe you may end up attending. You need evidence for anything you put in the affidavit so if you haven’t recorded an interaction or have any witnesses it would probably be best not to use it Always go to court prepared with an agreement in place and if they are claiming money then learn the BOE and PN processes and learn how to hold your position with them through court role play. These are just suggestions based on what I have been studying and the small amount of experience I have had in my personal life interacting with ‘authority’ figures.

  • Danny

    Member
    May 17, 2023 at 9:45 am

    Hi,

    Thanks for your reply first off.

    So I was working on my car in the garage when the bailiff turned up and was in the middle of something big so I was not prepared for them, next time I’ll say straight away can you please wait a minute and then get everything ready.

    I’m not really looking to go after the bailiff as I know they can’t stop any of the processes. I believe they will just lodge it as served and more on so my plan was to yes film them and yes to hold that as evidence but my main stand point is to conditional accept the summons itself.

    I have any the evidence under the sun to win as the claim is from a 3rd party debt collector, I have done the 3 step process with them and their legal team which also contacted me.

    I just would like to know if the bailiff has submitted it as being served or not. Not sure how to find that out.

    Also does anyone know when someone makes a statement of claim to the courts do they need to supply a affidavit with that? I found nothing on this so my guess is you do not.

    • Kari

      Member
      May 17, 2023 at 11:56 am

      I had a bad Tennant once who made all kinds of claims about taking me to court, for this and for that. So i rang the court and asked if there was any thing submitted under/with my name …there wasn’t .

      the lady who answered the phone was very helpful and pleasant. there no harm in ringing to make an inquiry .

    • morag-janet-of-the-hill-family

      Member
      May 17, 2023 at 12:02 pm

      If you have paid for the Rules of the Game UK and Aus, I can share some things with you in a private message.

      • Danny

        Member
        May 17, 2023 at 12:34 pm

        I would like to save I have but I have not, I have about 5 or 6 but that is not one. Thank you anyway.

  • morag-janet-of-the-hill-family

    Member
    May 17, 2023 at 11:59 am

    From what I have been studying, whenever one submits anything to the court or adversary they need to supply an affidavit with the paperwork as this is how you present the facts. The affidavit outlines the process you have completed (for the courts) or the events that have transpired (for the adversary) with exhibits as evidence.

  • Danny

    Member
    May 17, 2023 at 4:28 pm

    Hi,

    So I called the court and was told they do not need to supply a affidavit when submitting a statement of claim.

    With finding out if the bailiff submitted it or not I was told they cannot tell as of yet. The lady did say if I wanted too I could come to the court house with some ID and then they could help me more maybe.

    I thought about taking my live birth record in there to stir some shit but I really don’t have the energy.

    When I explained to the multiple lady’s over the phone that a bailiff did come to my house but could provide evidence or even know for that matter if the claim was against me as a Man so I told the bailiff i can’t help sorry, one lady said it does not matter if you are a Man and the other said the All Caps Name means nothing. How silly in my opinion, they work within the system and yet they have not figured it out yet.

    Thank you both for your replies.

    • Danny

      Member
      May 17, 2023 at 4:56 pm

      I’m not sure if the process of supplying a affidavit with the statement of claim is everywhere but the lady said the magistrate court do not need too. She could be wrong but that’s what she told me.

      • Kari

        Member
        May 18, 2023 at 5:43 am

        Morning, The affidavit you mention is that , or is one of them an affidavit of status? you want to establish your status as a private man /woman

        Include it with any paper work you send to any of these outfits. you want to remove all there presumptions that you are one of their “persons” and subject to there jurisdiction

        • morag-janet-of-the-hill-family

          Member
          May 19, 2023 at 10:19 am

          I think the affidavit is to establish the facts and that you are living before you attend court so when you attend it is clear you are there as a living entity not a dead one. As far as a I know an affidavit also gives the other side a chance to rebut it, via affidavit themselves. If they can’t, it establishes truth in commerce. If you go without an affidavit wouldn’t the presumption be that you are acting as the dead entity, also you cannot admit facts without an affidavit or a Notice of Facts (something like that. An affidavit allows you to admit facts with evidence as exhibits, so I personally would not go to court without one. When I dealt with a lawyer over my mother’s will he said an affidavit was essential to have our side of the story told.

          • Danny

            Member
            May 23, 2023 at 6:23 pm

            Hi, yes I would definitely be put in any affidavit that I am a man. The affidavit I was referring too was the one that is to be submitted with the statement of claim but as mentioned there does not need to be a affidavit that supports the statement of claim.

            Thanks for the feedback 😊