How to Make a Judge Understand You — ( This Article Bears Repeating ) —
You have been summoned to a hearing and charges have been brought against your
estate or some derivative corporation thereof. They will call your name.
You answer: John Michael is my Given Name. McShay is a Family Name.
The Prosecutor or Prosecuting Attorney gives their spiel. Then it’s your turn.
You say: “The Prosecutor has failed to state a claim upon which relief can be granted.” — This is the equivalent of a demurrer in their system. It challenges their jurisdiction and any presumptions they are making.
You say, “I am a man (or woman) in the common sense of the word, speaking to you as a man.” — This denies any fanciful interpretation of what a “man” is and takes the judge out of office and makes him liable for what he does.
You say, “I am an American requiring pass-through service.” This makes it clear who you are and makes it more obvious what your business with the court is.
You say, “I am a claimant, not a complainant.” That is telling the judge that you are not acting as the “Defendant” or “DEFENDANT” in any controversy and removes the substance of the case out of the jurisdiction of the Municipal COURT.
You say, “I am claiming my property and my credit, both, here and now.” This leaves them no wiggle room. Especially in mortgage cases, this tells them that you are claiming all the credit generated by your signature — usually ten times the entire amount of the purported “loan”, plus the house you already paid for.
You say, “I am making you and the Clerk my Assigns to negotiate the through-traffic, settle all liens and charges, and return the remainder to me via Cashier’s Check.”
If they ask for a mailing address (another trick), you reply: “Send it in care of my Mailbox — Number 97899, in Salem, Oregon, 96756.”
This just made the Judge and the Clerk responsible for doing for you, what they’ve been doing for themselves and the banks. They have to pay off the mortgage, deduct their fees, and return the remainder to you.
And if they don’t and the action goes to appeal, they will lose their jobs.
Now, doesn’t that just give you a warm fuzzy feeling all over? No need to write anything. No need to suffer over making motions or writing briefs or any of the rest of it. Just take control of the situation, establish your position, tell them who you are (and aren’t) and what your business with the court is, give them their task to do, and authorize them to do it for you according to your instructions.
It works just as well for civil cases as criminal cases. The only difference is that you are facing a “Prosecutor” in a criminal case and a “Prosecuting Attorney” in a civil case, so in your opening Demurrer, you would say, “The Prosecutor has failed to state a claim upon which relief can be granted” for a criminal charge, or “The Prosecuting Attorney failed to state a claim upon which relief can be granted“ for a civil charge.
Depending on when “your” mortgage was generated, you will walk out with several times the total mortgage amount worth of credit — that your signature generated, minus reasonable and customary fees.
The bank and/or servicing company goes home with a blue nose and black eye — for once…
The Judge sits there with an odd look on his face, staring at the Prosecuting Attorney who now has to pay the court the bid bond and performance bond on the case out of his or her own pocket. Or, have the whole action tossed out, with prejudice, so that they can never go after you again regarding that mortgage or whatever other issue.
There is always a silver lining. This is it. Learn who you are. Learn who they are.