Most judgments are not merely voidable, but are in fact VOID JUDGMENTS. They can be vacated; made to go away (Although, it is an up hill battle, much like pushing a rope). Rarely has any authenticated evidence, competent fact witness, or even a claim been put before a court and on the record.
Defective affidavits, hearsay as evidence and no stated damages are but a few elements that rob the court of subject matter jurisdiction (at last count there are 22 elements that deprive the court of SMJ). Some of the elements are: denial of due process, denial of meaningful access to court, fraud upon the court, and fraud upon the court by the court.
(Although these pages are aimed primarily towards debt, credit card debt, the principals set forth herein apply to virtually all civil and criminal cases. Our system of justice is based upon "who says" & "prove it," if either one of those two elements is missing, there is no jurisdiction, there is no case.)
Common pleas such as "open account" or "account stated" are often used in place of, and sometimes in conjunction with, breach of contract. To file under breach a contract would require that they bring in the signed contract, agreement, or note. They don't bring in a contract, they bring in the "terms of agreement" which has no signature or persons name on it, a template that could apply to anyone.
These are just some of the tools used by debt collectors (credit card debt collectors in particular) and their counsel to perpetrate a fraud upon the court, with or without the courts cooperation or complicity.
At the same time, courts, almost as a rule, openly display a bitter and venomous hatred of pro se / pro per litigants. So don't expect the courts to just roll over and give you what you demand without a battle. It doesn't matter to them that you are right, it matters only that you are pro se; an inferior, low life being, and the courts have a position and the income of their brotherhood to protect. This attitude by the courts and Bar authorized attorneys tends to support the position expressed by Bill Bauer from CreditWrench.com: "There's more value in being a pain in the arse than in being right."
These are the four secrets:
1. Courts of general, limited, or inferior
jurisdiction have no inherent judicial power.*
....What this means to you is that no court can declare that it has the legal power to hear or decide cases, i.e. jurisdiction. Jurisdiction must be proved and on the record. Without sufficient pleadings, without jurisdiction, no court can issue a judgment that isn’t void ab initio, void from the beginning, void on its face, a nullity, without force and effect.
- Courts of general, limited, or inferior
jurisdiction get their jurisdiction from one source and one source
only: SUFFICIENT PLEADINGS.
- Someone before the court must tell the court
what its jurisdiction is.
- Without pleadings sufficient to empower the
court to act, that court cannot have judicial capacity.
- No judge has the power to determine whether he has
jurisdiction. He does have the duty to tell when he does
2. We have a common law system.
....What this means to you is that courts are governed/ruled by case law, what has been determined before, what the highest court of competent jurisdiction has said the law is, means. It is called the Doctrine of Precedent. This doctrine is so powerful that it can kill and has. A family in Florida has become quite familiar with this doctrine when they tried for 15 years to prevent feeding tubes from being removed from their daughter who was in a vegetative state.
- No statute, no rule, or no law
means what it says as it is written.
- Only the holding tells you what it
- The statute means what the highest court of competent jurisdiction
has ruled and determined that the statute means in their most
3. Attorneys CANNOT testify.
....What this means to you is that no attorney can state a fact before the court. This was more than adequately pointed out in 2000 when thousands of Florida ballots were taken before the U.S. Supreme Court, without even so much as one competent fact witness. Without a witness the court could not see the ballots, the ballots were not before the court, and the ballots could not be introduced as evidence.
- Statements of counsel in brief or in argument
are never facts before the court.
4. Before any determination, there must be a
court of complete or competent jurisdiction.
....What this means to you is that without jurisdiction, complete jurisdiction, no court can issue a judgment that isn’t void, a nullity, without force or effect, on its face and in fact.
- There must be two parties with capacity to be
- There must be subject matter
- Appearance or testimony of a competent fact
*"The judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish." U.S. Const.
art. III, § 1, cl. 1.
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