Matter of law?

Is it proper to assume that the courts are following standard procedure in
regards to serving proper notice or summons to appear in court.

Many Distant NCP's are never notified of any court proceedings against them
until they are physically arrested for exceeding the financial arrearage
limit. Summons are often sent to old addresses and not properly served as
require by law.

I have one friend who was considered served while he was not residing in
this country?
Even in a small claims court summons, the recipient has to received the
summons before any case can proceed.

Why is it different for CS cases?

"spr" wrote in message
ink.net...
Is it proper to assume that the courts are following standard procedure in
regards to serving proper notice or summons to appear in court.

Many Distant NCP's are never notified of any court proceedings against
them until they are physically arrested for exceeding the financial
arrearage limit. Summons are often sent to old addresses and not properly
served as require by law.

I have one friend who was considered served while he was not residing in
this country?
Even in a small claims court summons, the recipient has to received the
summons before any case can proceed.

Why is it different for CS cases?

This is one that sticks in my craw, too. My husband was "notified" about a
proceeding by "publication" in a "major newspaper" in a place that we hadn't
lived for 2 years! Fortunately, we found out that, because he did not
appear, he had been declared the father, and owed arrearages back to the
birth of the child--we found out 2 days before the 6 month now-we-gotcha
period was over, and rushed from Northern Ca to San Diego to file a
proof-of-paternity demand in the nick of time. Otherwise we would never
have been able to dig out of the hole. As it turned out, he is the child's
father--though he didn't find out about her until she was almost 13. But,
because of the proof of paternity filing, they could only go back 2 years
with the arrearages rather than back to her birth plus all medical expenses.
What really makes me mad is that they had our address all along--I have the
proof. They did the publication thing precisely because they knew he would
NOT get it.

"spr" wrote in message
ink.net...

[snip]

Why is it different for CS cases?

Because "due process" is an out dated concept in "family" kourt.

"teachrmama" wrote in message
...


[snip]

This is one that sticks in my craw, too. My husband was "notified" about
a
proceeding by "publication" in a "major newspaper" in a place that we
hadn't
lived for 2 years! Fortunately, we found out that, because he did not
appear, he had been declared the father, and owed arrearages back to the
birth of the child--we found out 2 days before the 6 month now-we-gotcha
period was over, and rushed from Northern Ca to San Diego to file a
proof-of-paternity demand in the nick of time. Otherwise we would never
have been able to dig out of the hole. As it turned out, he is the
child's
father--though he didn't find out about her until she was almost 13. But,
because of the proof of paternity filing, they could only go back 2 years
with the arrearages rather than back to her birth plus all medical
expenses.
What really makes me mad is that they had our address all along--I have
the
proof. They did the publication thing precisely because they knew he
would
NOT get it.

See, this is where I have a hard time understanding "Family" kourt logic.
If they have your address, don't send you the notice, yet deliberately post
it in a newspaper that they suspect you may never read anyway, claim that
they did indeed serve you - well, you've been setup for a classic Catch-22.

Now, I'm no Perry Mason, but if "Family" kourt had to go by the same rules
of ethics and conduct that courts of LAW have to, then this case could be
tossed out for their (the kourt) lack of proper procedure, substantive due
process violations and ethical misconduct.

But since "Family" kourt isn't a court of law, but is instead a court of
equity, the rules are very different. The Constitution works in "Family"
kourt only when it suits them, due process is tossed right out the window,
equality under the law is totally gone as well, forget your rights to your
own property and bearing witness against yourself.. I could go on, but you
get my point.

"Family" kourts are only interested in keeping the feminazi' happy, keeping
the money flowing from one parent to another, pitching as many men into the
streets as they can and in the end the only people that are happy are the
politicians, judges, lawyers and feminazi victim creators.

The children are the worst one's off, father's are left destitute and
mothers end up hating men and fuel the fires stoked by the feminazi
anti-family / anti-male hate machine.

And this is what GovCo claims is good for us?!?!?

It's deplorable!!

"Dusty" wrote in

[snip]

Why is it different for CS cases?

Because "due process" is an out dated concept in "family" kourt.

OK, but now that family law is turned to Criminal Felony laws, Should not
being properly served have any real bearing in a criminal court where all
rights should be applied to any felony case?

Well, I had an arrest warrant issued for me because I failed to appear
at a state court hearing AFTER I removed the matter to federal
court...the hearing was on Thursday and after the judge dismissed the
warrant he went ahead and held a contempt proceeding WITHOUT ANY NOTICE
TO ME.

Notice is required under Virginia law before any type of contempt
hearing takes place -- unless you commit the act right in front of the
judge.

This judge is toast because, by having me arrested for failing to
appear at a state hearing when the state lost jurisdiction to hear the
matter a week prior to the hearing, he engaged in one of only two ways
to lose your judicial immunity...he had me arrested with NO
JURISDICTION, not just in excess of his jurisdiction.

I'm filing a 1983, 1985 and 1986 suit on Monday morning...it was the
DCSE attorney who asked the judge to have me arrested at hearing.

Bye bye immunity.

"spr" wrote in message
ink.net...

"Dusty" wrote in

[snip]

Why is it different for CS cases?

Because "due process" is an out dated concept in "family" kourt.

OK, but now that family law is turned to Criminal Felony laws, Should not
being properly served have any real bearing in a criminal court where all
rights should be applied to any felony case?

I believe that by not being properly served, it places the court in a very
poor light, establishing the courts disregard for due process and thereby
either having the case retried in another court, or by having the case
thrown out. It would depend on the type of case and other circumstances
involved, but I am of the opinion that the case should be thrown out.

I get quite a kick out of how you and I are "playing in the same orchestra,
playing the same music, but using different instruments." Which is not a
bad thing. Just shows we have slightly differing perspectives of the same
subject. But that we both want the same goal - our children and our freedom
back.

wrote in message
oups.com...
Well, I had an arrest warrant issued for me because I failed to appear
at a state court hearing AFTER I removed the matter to federal
court...the hearing was on Thursday and after the judge dismissed the
warrant he went ahead and held a contempt proceeding WITHOUT ANY NOTICE
TO ME.

Notice is required under Virginia law before any type of contempt
hearing takes place -- unless you commit the act right in front of the
judge.

This judge is toast because, by having me arrested for failing to
appear at a state hearing when the state lost jurisdiction to hear the
matter a week prior to the hearing, he engaged in one of only two ways
to lose your judicial immunity...he had me arrested with NO
JURISDICTION, not just in excess of his jurisdiction.

I'm filing a 1983, 1985 and 1986 suit on Monday morning...it was the
DCSE attorney who asked the judge to have me arrested at hearing.

Bye bye immunity.

Oh you have GOT to keep us up to speed on this one!!! I can't wait to see
how it ends!

Good luck, Briggman, and thanks for fighting the good fight!

"Dusty" wrote in

I believe that by not being properly served, it places the court in a very
poor light, establishing the courts disregard for due process and thereby
either having the case retried in another court, or by having the case
thrown out. It would depend on the type of case and other circumstances
involved, but I am of the opinion that the case should be thrown out.

I know that if you are properly served in a legal civil suit and they have
the documentation to prove that you received a summons and you don't appear,
they can carry out a judgement by default in which case you are
automatically found guilty.
Even when they do this, they are still required to send out a notice of the
court's final decision.

This was not the case for my friend who did not live in this country at the
time the court was held.
How the hell do you sue a foreigner who does not reside in the United
States?

I get quite a kick out of how you and I are "playing in the same
orchestra,
playing the same music, but using different instruments." Which is not a
bad thing. Just shows we have slightly differing perspectives of the same
subject. But that we both want the same goal - our children and our
freedom
back.

Yes, we have a different appoach at solving the same issues!
We both know what the issues are and what caused them, but now it's a matter
of shedding light in the proper perspective, so the average American can
relate or understand the issues at hand and how it can affect them too.

If people realize that the courts are out of control and answer to no one,
do you think somebody might take a second look at thie power issue and start
getting concerned?