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Homepage Private Community Forums Holding Position & Settling Matters Privately NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE (Default Judgment ‘Ready’)?

  • NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE (Default Judgment ‘Ready’)?

    Posted by CrownTonyMite on January 23, 2023 at 4:26 pm

    Greetings Private-Member;


    Attached you will find the following;


    ‘NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE

    Affidavit of Service

    THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE’

    (The Hard-Copy sent has been witnessed by a Justice of the Peace (J.P));

    I Would like to know whether by this NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE (comprehensive of; Affidavit of Service and THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE) now suffices to be eligible for a(n) (application for);


    ‘DEFAULT-JUDGEMENT-APPLICATION’;

    NOTICE OF MOTION DEFAULT JUDGMENT FOR LIQUIDATED CLAIM;



    ‘Notice/Writ of Originating Motion’/ Statement of Claim (comprehensive of ‘Ex-Parte’)?

    I am not sure which particular title of form is relevant for Victoria);


    Or;


    Whether any of the following (in any combination) are required?;


    CREDITOR’S STATUTORY DEMAND FOR PAYMENT OF DEBT

    Affidavit accompanying statutory demand

    DEFAULT AND LIABILITY CLAUSE & NOTICE


    Before we can proceed with a Commercial Lein/Caveat – and what would be the criteria do so?


    By:

    Crown in right of Tony MITEVSKI<sup>©</sup>

    All rights, dominion, powers, privileges,

    indemnities and immunities, whether actual,

    contingent, inherent or prospective: Reserved









    CrownTonyMite replied 2 years, 4 months ago 1 Member · 1 Reply
  • 1 Reply
  • CrownTonyMite

    Member
    January 23, 2023 at 11:38 pm

    To Re-Cap;

    just determining whether at this stage (as per the attached PDF) the process followed (at the time) suffices with the 3 x step Commercial Process; as per the final notice dated Wednesday, the 01st of June, 2022 “NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE” (comprehensive of; Affidavit of Service and THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE) now suffices to be eligible for a;

    ‘DEFAULT-JUDGEMENT’/ NOTICE OF MOTION DEFAULT JUDGMENT FOR LIQUIDATED CLAIM; Whether any of the following (in any combination) are required?;

    CREDITOR’S STATUTORY DEMAND FOR PAYMENT OF DEBT Affidavit accompanying statutory demand DEFAULT AND LIABILITY CLAUSE & NOTICE

    Before we can proceed with a Commercial Lein/Caveat – and what would be the criteria to do so?

    Would we ‘still’ – yet be required to complete an additional three(3) step Notice/s of Default – plus – an Affidavit (such as Form 7 Affidavit accompanying statutory demand or perhaps a DEFAULT-JUDGMENT Statement of Claim) to accompany or follow up from the “NOTICE-OF-ACCEPTANCE-BY-ACQUIESENCE-BY-SILENCE” ( which is already clearly indicating that there have been at least three(3) Notice-of-Demand Letters for payment of outstanding invoices – irrespective of the previously supplied and attached Affidavit of Service and THIRD PARTY DECLARATION FOR VERIFICATION AND PROOF OF SERVICE as an ancillary document – therefore ratifying the three(3) step process and Motioning it into the realm of a ‘DEFAULT-JUDGEMENT’ (by ‘default’) or does there yet-still need to be an Application for such a Default Judgment to be called by the County/Federal Circuit Court/s (in Victoria)?

    i.e,: Do I gotta do the entire 3 x step process again – then follow up with with an Affidavit and statement of Claim (Default Judgment) and put a Commercial Lien on the property of the dishonorable client or do I merely just follow up with the Affidavit/DEFAULT-JUDGMENT Statement of Claim or am I good to go straight into the Commercial Lein process?

    Regards;

    By:Crown in right of Tony MITEVSKI©

    All rights, dominion, powers, privileges,

    indemnities and immunities, whether actual,

    contingent, inherent or prospective: Reserved

    • This reply was modified 2 years, 4 months ago by  CrownTonyMite.
    • This reply was modified 2 years, 4 months ago by  CrownTonyMite.