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RE: Court Hearing Notice for an Infringement Offence (s.40 Infringement Act. 200
<b tabindex=”-1″ data-thread-perm-id=”thread-a:r8237552008799051867″ data-legacy-thread-id=”18650698aa138656″>RE: Court Hearing Notice for an Infringement Offence (s.40 Infringement Act. 2006): Best way/s to ‘settle’ the ‘matter’?
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<b tabindex=”-1″ data-thread-perm-id=”thread-a:r8237552008799051867″ data-legacy-thread-id=”18650698aa138656″>Perhaps the following;
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0.
Getting rid of the matter the fastest is for the defendant to agree to pay them.
Then invoke hardship or whatever excuse and make a payment plan.
Solution Empowerment talks about this.
1.
<b tabindex=”-1″ data-thread-perm-id=”thread-a:r8237552008799051867″ data-legacy-thread-id=”18650698aa138656″>Over here: https://www.youtube.com/<wbr>watch?v=2fclpmx_N6k
<b tabindex=”-1″ data-thread-perm-id=”thread-a:r8237552008799051867″ data-legacy-thread-id=”18650698aa138656″>it mentions that regardless of the type of appearance in court, it’s a banker’s acceptance.
There are three ways to deal with this, Special Trust Deposit (all mail), Special Appearance and General Appearance.
One can do Special Trust Deposit if one has done the Security Agreement, has the recording in PPSR for public notice, and has indorsed the B.C to Treasury.
No one starts a case unless there is at least one instrument, usually a Bond, put forward.
If you can trace the Bond to get its value you might even recover on your bond, meaning getting a cheque to balance the account.
2.
Could invoking being the beneficiary challenge the jurisdiction and get the case discharged?
It’s a Magistrates Court of Victoria hearing.
This means it’s all commercial.
They put a bill, there must be a note in return; what they like is plastic notes issues by the bank, or bank transfer; but it can be a Bill of Exchange, and it can be a Promissory Note.
Solutions Empowerment shows you how to write each, but the basic is that once you mention the estate’s TFN they are able to do accounting.
3.
There are a few things missing.
There is no verified (under oath) claim.
There is no man or woman who was damaged, so it can be dealt in equity; if equities are not balanced it will not move forward.
There is no bill either from them to you, what is there to discharge?
There is no notice of claim (damage) put by the defendant over the plaintiff.
There is no promissory note put by the defendant in the court docket.
The idea is to ask for a cheque in return for your promissory note.
4.
One could start a 3 notice process, but don’t give them the regular time because they know who you are since they made the claim.
One can ask for the bill, the verified claim. Verified means under oath. The guy who “saw” you has to swear.
Normally there isn’t anyone who can verify, see what you get. You could also ask for the instrument that was submitted on file for this case (a bond or a promissory note).
If lawyers are involved, which usually are, they get disqualified quickly because of hearsay.
I would expect one would be successful with the three notices before Tuesday 14 March.
One can ask the court for continuance, to hear the matter later, so it buys you time to do more paperwork.
But asking for verified claim, even if only once, is going to be quite a strong way to balance the claim with a lack of evidence.
5.
Discharge with an endorsed Birth Certificate.
That means written on the back.
It’s a certificated security [interest] and it is going to be accepted.
One practically transforms the B.C into a cheque.
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Apparently this works for court cases, for mortgages, for credit cards, etc.
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