When dealing with courts, lawyers, police and other authorities, it’s important to stay in honour so that you won’t dishonour their presentment, offers or the court, which can lead to contempt.
Below is a letter prepared for someone who had been arrested for what amount to a claim and minor offence. He was taken to the station for processing, and given a notice to appear in court. The original Court Notice was taken back to the Registrar of the Courts within 72 hours with the above cover letter stapled to it (filled out with his/her details).
Service of Notice:
The Registrar of the Court should accept and stamp the documents, and you can ask for a copy for your records. If they won’t make a copy for you, then take them and make your own copies, then bring the originals back and hand them in. (I like to make 3 copies and have them all signed by a JP. Then you have original copies for backup).
This usually cancels out the hearing, as there is no joinder and no proof of claim. Remember it’s just an allegation or hearsay and the burden of proof always lies with the Plaintiff.
Note: Sometimes a Registrar may take personal offence to your lawful documents and show reluctance in accepting them.
This can and does happen. One registrar scrawl a big line through my carefully prepared document, and say: “you can’t do that!”
Asked him “Is that the law, or is it your opinion and are you claiming to give me legal advice?”
Take on of your other copies and this time take it to the central court in the city, who will accept it. That will cancell out the other court presentment.
by: Thomas Anderson
Attachment 1 - Letter prepared as referred to above (template);
Attachment 2 - Letter prepared with detailed tips;
Attachment 3 - Letter prepared as final example.
SPECIAL NOTE: I have first-hand knowledge this particular Letter/Notice had been effective against the following:
(Queensland) Notice to Appear - alleged driving whilst disqualified by SPER; alleged drug utensils; alleged failing to contravene a police direction; alleged trespass to land; alleged [undertaking] to Bail; alleged building without permit by local council with Show Cause Notice. Furthermore Civil Claims and Statement of Claims for minor alleged debts.
(NSW) Civil Claims and Statement of Claims for minor alleged debts by 3rd party interlopers; and other pending civil matters in relation to claims to alleged debt and land.
S.A. Council claims 'investigative summons'
PLEASE NOTE: The above offenses and civil matters does not necessarily pertain to me. Majority of the above, I am a 3rd party Notary in relation to service for said letter/notice to family and mostly friends, over the past 12 months. Thus why I have first-hand knowledge of it's effectiveness.
''NOTICE OF CONDITIONAL ACCEPTANCE''
.. Requires - a ''Commercial Affidavit.'' [''attached'']
Commercial Law is non-judicial.
- This is pre-judicial (not prejudice).
- This is timeless.
- This is the base, the foundation beneath which any government or any of their court systems can possibly exist or function.
That means what the courts are doing, and what all governments are ultimately adjudicating and making rules about, are these basic rules of Commercial Law. When you go into court and place your hand on the Bible you say, "I swear the truth, the whole truth, and nothing but the truth . . ."
---------- you have just sworn a ''Commercial Affidavit.''
It's the conflict between Commercial Affidavits of Truth that gives the court something to talk about, that forms the entire basis of its action, and its being there , in their venue. Hence, one of the reasons attorneys always create controversy.
No court and no judge can overturn or disregard or abrogate somebody's Affidavit of Truth. The only one who has any capacity or right or responsibility or knowledge to rebut your Affidavit of Truth is the one who is adversely affected by it.
It's his job, his right, his responsibility to speak for himself. No one else can know what your truth is or has the free-will responsibility to state it. This is YOUR job.
One of our problems is that when we engage with government, municipalities and other such elements, in all our dealings in the law when have been conditioned to interact on and in THEIR level. We have never risen to the level where the base of law is, where the reality, the power, the solidity and the pre-emenence exists - THE SOVEREINTY LEVEL. But now, we can function in this powerful level. This is Check mate. This is the end of the game. THIS IS THE REMEDY.
Commerce in everyday life is the vehicle or glue that holds, or binds, the corporate body politic together. More specifically, commerce consists of a mode of interacting, doing business, or resolving disputes whereby all matters are executed under oath, certified on each patty's commercial liability by sworn affidavit, or what is intended to possess the same effect, as true, correct, and complete, not misleading, the truth, the whole truth and nothing but the truth.
This affidavit is usually required for an application for a driver's license, and IRS form 1040, a voters registration, a direct Treasury Account, a Notary's "Copy Certification" or certifying a document, and on nearly every single document that the system desires others to be bound or obligated. Such means of signing is an oath, or Commercial Affidavit, executed under penalty of perjury, "true. Correct, and complete". Whereas in a court setting testimony (oral) is stated in judicial terms by being sworn to be "the truth, the whole truth, and nothing but the truth, so help me God."
In addition to asserting all matters under solemn oath of personal, commercial, financial, and legal liability for the validity of each and every statement, the participant must provide material evidence, i.e. ledgering, or bookkeeping, providing the truth, validity, relevance, and verifiable of each and every particular assertion to sustain credibility. Commerce is antecedent to and more fundamental to society that courts or legal systems, and exists and functions without respect to courts or legal systems. Commercial Law, the non-statutorily variety as presented below in maxims 1 through 10, is the economic extension of Natural Law into man's social world and is universal in nature. The foundation, invariant, necessary, and sufficient principles or "Maxims of Commerce" pertaining herein are:
NOTICE OF CONDITIONAL ACCEPTANCE OF OFFER AND RE-DRAFT