Douglas County District Court making the rules as they go

Case regarding repossession after Setoff and Discharge of Alleged Debt:
So two (2) days ago I sent the UCC 3-501 Demand Complaint and Order for Cease and Desist to both the Court and the Plaintiff Attorney.
Today I received "Notice to Set Trial by Telephone". It says: PLEASE TAKE NOTICE that on Feb 13, 2013 at 10:00am, or as counsel may be heard, the Plaintiff by and through its counsel, Harry L. Simon, P.C., will set the above matter for a one (1) day trial to the Court, by telephone, with the Clerk of Division 3 of the District Court, County of Douglas, State of Colorado.

What is this all about? No reply to the Demand? No Discovery? Trial? What the *(&%?

I've already submitted my Affidavit of Status declaring my Sovereignty, my "Motion for Dismissal for lack of subject matter jurisdiction, EFT Discharged Debt, No Case before the Court" and it was denied. They then sent the Sheriffs Deputies and a tow truck and repossessed my Motorcycle.

Any thoughts or Suggestions? I want to know what to do to take the OFFENSE. Im done with this abuse.

You should be aware by now that EVERYTHING on the planet is automated. Even the legal system which, I am sure Heather could provide evidence to.

I would physically go down to the court house or, whatever your gov building is, and ask for a face to face session. That is your right and, they are required BY LAW to hear your case.

Well it is nice to tell him to physically go to the courthouse, but, what does he do when he gets there? What legal cites can he give them to make them see the error of their ways?

This is a great example of someone following the OPPT guidance and now they need a way to enforce the UCC upon these 'actors'

Heather, et al, this guy needs some help now. What can we DO to help him now

Mr W wrote:Well it is nice to tell him to physically go to the courthouse, but, what does he do when he gets there? What legal cites can he give them to make them see the error of their ways?

This is a great example of someone following the OPPT guidance and now they need a way to enforce the UCC upon these 'actors'

Heather, et al, this guy needs some help now. What can we DO to help him now

I hear you and, this is a GREAT example of where I am as well. I feel a bit frustrated because I "know all the stuff" but, am not able to help anyone with it because, I don't have the knowledge of the proper "process" to help people with.

I know I will be SOOOO glad when all this is over and done and, we are no longer in the "system" any longer... Sigh.... This brings to mind a saying that they sued to tell us in the Marine Corps.. hurry up and wait.. Grrrrrr

I wonder if returning the notice with the same verbiage Heather wrote would have any effect. I'm not sure what her "UCC xxxxxxxxxx" means. Am I to file my own UCC Financing Statement and use that number on in it's place for that Declaration of Violation of Rights as well as Declaration of Facts and Commercial Bill to inform the courts they are in violation?

If so, how do I file a UCC Financing Statement? I don't get all the lingo and what it means.

ascendingenergy wrote:

Mr W wrote:Well it is nice to tell him to physically go to the courthouse, but, what does he do when he gets there? What legal cites can he give them to make them see the error of their ways?

This is a great example of someone following the OPPT guidance and now they need a way to enforce the UCC upon these 'actors'

Heather, et al, this guy needs some help now. What can we DO to help him now

I hear you and, this is a GREAT example of where I am as well. I feel a bit frustrated because I "know all the stuff" but, am not able to help anyone with it because, I don't have the knowledge of the proper "process" to help people with.

I know I will be SOOOO glad when all this is over and done and, we are no longer in the "system" any longer... Sigh.... This brings to mind a saying that they sued to tell us in the Marine Corps.. hurry up and wait.. Grrrrrr

Before filing a UCC Financial Statement, listen to the OPPT Skype call that is in the links section. Rebecca is working with Randall to setup templates for filing.

The section you refer to with the UCCxxx is for your UCC # after filing. However, as Rebecca says lets go slow and do it right.

Ira

WITH ANY COURT ACTION:If you haven't done so already, either online or in person, get your local court rules and see if the court or the opposing attorney is following the court rules to the letter, and be sure to comply with the defendant's procedural requirements. If not that is immediate grounds for summary judgement, based on my understanding. I hope you find something that helps !

If you qualify you might also consider asking for emergency help from Legal Aid, have to provide a lot of personal info, to determine if you qualify. This link has useful info and additional links:
http://whychat.5u.com/index.html

They have no jurisdiction. I have challenged the courts jurisdiction in the first instance, yet they denied my motion for dismissal. The denial was made without any reference to any law supporting the denial. How can this be? How can the plaintiff attorney move the courts to trial by telephone with the clerk without rebutting my UCC 3-501 cease and desist order? Can I demand the plaintiff respond? This is part of discovery. Aren't there rules allowing for Discovery and Disclosure prior to trial in all courts? I shouldn't have to study the Colo Rules of Civil Procedure. They have no jurisdiction over me, not even their courts.

rzurwell wrote:WITH ANY COURT ACTION:If you haven't done so already, either online or in person, get your local court rules and see if the court or the opposing attorney is following the court rules to the letter, and be sure to comply with the defendant's procedural requirements. If not that is immediate grounds for summary judgement, based on my understanding. I hope you find something that helps !

If you qualify you might also consider asking for emergency help from Legal Aid, have to provide a lot of personal info, to determine if you qualify. This link has useful info and additional links:
http://whychat.5u.com/index.html

I agree with you.

What you are dealing with, and probably any one who is in court now, the actors you are dealing with are still acting out in the roles they have performed for years. From their perspective they have no knowledge of the OPPT filings and the actual changes that have taken place due to the OPPT filings in 'their world.' Should the judge or the judge's clerk have researched your legal cites [citing the UCC] yes, but they have no reason to do so; they have not been told by the Presiding judge about any changes in how they are to do business.

You are breaking new ground and will have to 'educate' them as you present your case.

That's what I'm feeling within me. It's as though we are both in a learn/teach; teach/learn energetic exchange. I will share their options and honor their choices and allow the learning to teach us all whatever it is we are to learn...and so it is.

Mr W wrote:I agree with you.

What you are dealing with, and probably any one who is in court now, the actors you are dealing with are still acting out in the roles they have performed for years. From their perspective they have no knowledge of the OPPT filings and the actual changes that have taken place due to the OPPT filings in 'their world.' Should the judge or the judge's clerk have researched your legal cites [citing the UCC] yes, but they have no reason to do so; they have not been told by the Presiding judge about any changes in how they are to do business.

You are breaking new ground and will have to 'educate' them as you present your case.