It's a mad, mad, mad world....aka adventures in legal land.

[michael59]

K, I will be brief and to the point but the point escapes me. I have actually had the tables turned on me and am at the cross roads of wtf and just happened.

So I was writing motions for a friend and I also was composing tort letters, some for me and some for him. All in all I was busy getting ready for a court appearance the first of July. But in the meantime my friend had the DEQ of Oregon breathing down his neck so off goes a tort letter and its crickets. Then a certain little city who had him under a impaired contract er/um a court order did not perform in said contract thereby denying him his just-us so he voided the contract/order. There was a balloon payment in it of $5K so the city sent him a $5K nother ticket and a motion to dismiss was timely sent in and then the fireworks happened.

I have in my hands four notices of trial or hearing date thingies. These four notices carry the same docket numbers of the court order and this is what is confusing because for some reason I think it is double jeopardy but I know it isn't. And, get a load of this the date of the trial hearing? Why it is 90 days away, middle of September. Never have I seen a court just trash a contract as such as what happened did happen and the proof is these four notices.

I know the DEQ was hot and heavy but that tort letter was more of an informative one as well as a malicious prosecution letter and I know sure as my blood is red that the city/court/DEQ and the citys police department are all in cahoots because things just went totally quiet after the judge blew up with cuss words no less.

Anyway here is the big question I ask to anybody who might know: Can a court of its own volition and even if it was forced, can they trash a contract and reissue? Like I said already I have never seen such a thing.

 

[Buck]

It's a Mad, Mad, Mad, Mad World
there are four of them

anyways, i haven't a clue about what you're asking but i'd suspect a court can do just about anything they want including helping those standing in front of them, escape out the back door to keep from getting caught by ICE

she was going to be offered a Reprimand and be allowed to Sit at the Bench again...but she pled Not Guilty

idk the law, i think it cheats, all the time, but that's just me

 

[michael59]

I have been racking my brains on rules of evidence and I keep zeroing in on prejudice. And the funny thing having a case prejudiced is it can be reopened at any time, reexamined and fixed.

A while back I went to AVVO and posted a question of "Is a municipal code the same as a law?" And, the answer was Of course." But here in Oregon they are treated slightly different when it comes to the statute of limitations, and who/what court can hear them. Now that latest ticket for $5K why there was sent in a motion to dismiss due to its timeliness. Explained in that motion was the 473 days prior to some fire all these other tickets were sent via the US Mail. Statute of limitations on code violations is 180 days and the newest $5K ticket was a whopping 1,000 some odd days old.

I think the judge finally read the law and now he knows he has himself in a pickle because a man was wrongly prosecuted. I mean just trust a lawyer to get person in hot water which is what it appears he is finally realizing..

 

[Buck]

GL michael

 

[Goldhedge]

Take it to a higher court?

 

[michael59]

Naw, I gots ta call the court clerk and verify the nature of the hearing-slash-trial. If she plays coie then the big guns come out.

You know what I hate about these f sticks? They think they can be ambiguous and I have to be specific.

 

[Silver]

I would quit writing motions and tort letters. The last thing I would want is to be tied up in legal proceedings and court.

The only time I get involved in court issues is when I'm forced to. The period of my life where I was tied up in court issues was a hell period in my life.

I invoked a Hague Convention case (International Child Abduction) and went to trial in Europe and won (and appeal). The next 6 years I had a half dozen more district court battles with the ex. Pure hell - daughter is grown now, thank god. 100k in legal expenses.

 

[michael59]

they say we live in the land of the free, free to tax and we pay. I am doubling down.....and charging triple on the $50usd gold species...

 

[michael59]

OH BOY! F'n environmental quality commission is needing 2.909frns....hahahaha!

Aww F! the DEQ has me on an already convicted shit thingy and is forwarding it to the "commission." F! it just gets better and better with the internment moves. Funny is: The 'commission' has met for the last time this year. So, this means the DEQ is running default in a no court system.

U confused? Well f'n man oh man have pitty on me cuz I am trying to unravel this thing. I feal like the reporter by the side of the road that got splashed by traffic and then accumulated a ticket because of the fact they gots splashed.

The thing is the 'case' is as they say vetted against a land trust of land deeds that holds no full faith and credit. But there is full market value and that my friends is what they are after.

SinisterBarrSinister….this is a UnderDog Nightmare!

I have been two days and my mind is mush with all this chunk flinging. You know .... It's a good thing I drink cuz I need the lubrication to get through this....

Well that is may FML...er<fuck my life> update....just when you think the fire is out then up it flames!

 

[michael59]

OK a little disclosure here.....sorry as some of you understand this has nothing to do with me, like at all.

What is going on is I ma helping someone else and I have found out that unless I transpose it as in "I" then I get nothing done. So 'me' is not getting moved on. And, yet I am right in the middle of it....I told my friend to just call me the 'scribe.'

truth be told though is that the STATE is or does have vicious person in its priesthoods.

 

[michael59]

And, it goes on and on and on and on. WTF is wrong with this state? K, here goes:

Friend hired lawyer, lawyer just wanted to settle, friend fired lawyer, friend handed me the discovery of lawyer and then friend said "see what you can do, oh and there is a trial but I think it is a phone trial." And, it went on and on and on....problem is, is friend do not listen very well, yes he hears but he doesnot listen.

So on the phone trial thighy, we botched that all up as it was a personal appearance in Marion county; Problem is, is according to chapter 14 of the we be doing things this way code, is that things generated inside a county stay in that county or judicial district; gots-ta keep to the code. So ther's that and then there's ORCP #26 which dictates/intimates' that a benefactor of a 'expressed trust aka living will' can prosecute in behest of the trust and by implication of prosecute in behest of the trust also means 'and defend' in the name of the trust; So, this got the Judge in trouble. And, it all boiled down into a battle of the crickets with my f'n non listening friend not wanting to wake a sleeping dog and the DEQ getting the ass slapped. Well the dog woke up and I have the end results that I am working on... well, supposed to be working on.

So, friend gets paper/s in the mail AND in these papers is stuff that was photocopied from all the previous but separate court case. Now not the whole shebang but a selected few papers AND surprising was a proof of service that had one of the usps certified delivery notices 'conveniently' obscuring the person who sent it name....like I wouldn't notice? BUT, the crem-de-la-crem was a paper dated of this year a 10/8/2020 which is 14 days ago from when it was received and then placed in my hands. And, true to fashion I missed this one particular paper...teach me to drink two too many while reading. So, in/on this one paper is a curious statement of: because you owe you have to pay in ten days from when this letter was written; not received but written*?* Oh, the humanity! This particular paper is the one that has all, and I mean all the lawyers from a separate case, not the one that handled this DEQ case.

I mean come on really? WTF are they smoking over there in Salem by their using unrelated case lawyers? So, one thing I did notice is that the ALJ of the DEQ case is not listed and one of the DEQ workers actually is listed *but* this worker has been sent two letters that have come back as UN-DELIVERABLE, meaning lil miss pesky is hiding; IDK, maybe they are using my friend to flush her out and get her back to work? Here is the funny part....They were served notice that what they had done was a "simulated legal process," simulated legal process's are a class C felony here in Oregon. This is why these two particular letters came back un-deliverable and I would surmise that this is why the ALJ is not listed as carbon-copied, also.

So, I am at this moment overwhelmed with ambiguities of writing a seething response letter and the ammunition has been handed to me by them. Its like : Here is the gun and bullets plz shoot me, please :-)

Like I said la-la-land and yes it *IS* a mad, mad, mad world.

 

[D-FENZ]

Michael,

You're fighting like a salmon in the home stretch of a narrowing creek with bears all around. Can't be sure, but from where I sit, your chances of success seem incredibly slim in the face of the overwhelming odds.

I read and enjoy most of your posts with special interest in your unending chain of legal maneuverings. I have no idea of the legal merits of this pursuit, but I seldom- if ever- have the foggiest clue what the deal is. Not even certain the judges do either. But I wish I did. I try. I really do. Anything to gum up the corrupted legal apparatus has my full support.

But the thing I really admire is your dogged pluck and determination. I love it.

Sick'em Michael.

 

[Ebie]

And, it goes on and on and on and on. WTF is wrong with this state? K, here goes:

....

Good post, although I don't know what you are talking about, ie the details.
In general, it would seem the most balanced approach would to have a good/wise lawyer who knows the system
(I know...) and combine that with looking over his shoulder on every detail (as you are doing.)
I know that this may not be practical or economical.
I have heard that if you keep your balance, and, keep resisting they eventually let go.
Please keep us informed.

 

[keef]

Michael, I used to collect unpaid debts for the Commonwealth of Kentucky. That's what I did for a living.

Now, I could advise you how to handle this, but you are probably going to do your own thing regardless and I would just be wasting my time here, as usual.

Anyhow I'll give it a try, I used to LOVE to get guys like you on the line. My first question, "How many attorneys will you using?" We had five attorneys on retainer and on any give day three of them were looking for something to do.

Every account I initially screened went into one of two files: Leniency or Meat Grinder

I knew you were getting screwed and there was little you could do about it but leave the country but if you addressed me with some respect, you would receive respect in return. (exceptions only if you had connections to some local judge / law enforcement)

If proper respect not shown, well, we got your money/assets and if you even so much as got angry along the way to the point of sounding threatening I would simply notify the State Patrol and within 48 hours there would be a knock on your door and two Smokey the Bears would be standing at your front door for the little talk.

Once it got into the hands of a public attorney whose job it is to represent the State you were pretty much screwed. Guys who sounded tough on these forums usually didn't present themselves very well in court. Usually, it was just the opposite and I have seen things done by the government to civilians the mob wouldn't do to a family.

I didn't have time to look at your case and its none of my business anyway. But if I were angry at my wife, my boss or didn't like my parking spot that day YOU would quickly become the target of this unjustified anger just by your defiant attitude. I might sound extremely empathetic over the phone just to garner more damnation evidence on you while I was secretly coding your account: MEAT GRINDER.

If it were me in your shoes I would admit any wrong doing asap, I would do it humbly and honestly as possible. Then I'd seek the lowest payment schedule possible and seek to have any outstanding debts with the .gov turned over to a private agency asap. One the private collection agency is in charge of collecting the money I would have several options open to me, but my main goal would be to elude the .gov trap asap. and then weasel my way all the way to freedom later. Ca piche?



But I have seen guys loose property that has been in their family for years just by exhibiting the attitude you are expressing today.

You now can choose to save either your face or your ass. Never seen anyone save both.

I say live to drink a beer another day, you would be doing yourself and your family a big favor.

 

[michael59]

Keef, really? So you say it is best to drop my clothes bend over and hope they, yes they, use vaseline? Not happening here bud as there is no way there is going to be a "Thank you sir, may I have another," circa ANIMAL HOUSE, just not going to happen.

Since you take the gumbeyment's position, and maybe this is just a devils advocate to in some way help me flesh out my attack, I will use your position accordingly; hey, what are friends for, right? Here goes and remember I will use STATE, State, state, cop, code cop, police, city, county, justice district #12, and a plethora of other vernacular that signifies a fictitious PERSON, Person, or person, meaning that Person cannot sit at my dinner table there for it is a fiction, oh and you will also be the DEQ. so here goes....

in 2017 I had a warehouse I wanted to clean out as people had been dumping trash inside it. I had cleaned it up and would come back and there would be more trash and I would clean that up. I then fenced the building closed and found my fencing torn down and more trash. Now I was not cleaning this trash up myself as I was paying people to clean it up for me as well as paying the haulage and dump fees.
I found the culprits but I could never be sure so I went to you/city and asked that you get these squatters out as they were inhibiting my reconstruction of the building. Oh, and the building is approximately 14,000sq. foot. So, here is what you did.

You showed up, looking for a felon and could not find the squatters. Only your AXION body cameras showed you talking to them.
You patted them on the back while taking their statements.
You roamed my property but could not find the 'lean to' even as you walked through it.
You then stood there and said "Oh my this is bad" as you viewed the inside of this building and you called on yourself/code cop, to show up and check code violations; violations on a building that was supposed to be empty.
You then called me and told me about code violations, but you never issued any papers or tickets.
You then called the state deputy fire marshal and procced to trespass because you did call me and tell me so.
You condemn my building for habitation; funny as is that was what I was trying to do.
You then unbeknownst to me mailed me three pages of papers totaling 8 code violations @ $91,000 dollars a violation.
yes you wanted $637,000 and din't prosecute on 5 unlawful entries.
You based your trespass or doctrine of competing harms off of a hot tar roof fire in 2014 that was a totally different building.
It is your statute that intimates that violations of codes carries a time run of 180 days, meaning as the violations were there at least 700 days prior you only had 180 days to get me but you chose not too. Now pay attention to this 2014 roof fire because it is going to come up again and again.


I hired a lawyer and he failed, fired that lawyer and hired another lawyer/firm and they got me to settle @ $8,000 as uncontested. And, this is where I f'ed up because I am paying for a empty building I was trying to re-hab so I could rent it out.

You brought me to court with $637,000 in fines and your court can only handle up to $10,000 per charge.
You sent me papers accusing me of nonpayment and made me stand before the bar, yet again.
You, yes you accused me and yet I had three canceled checks showing you I had paid $3,000 as agreed too and the remainder of the 8K, the $5,000, was a balloon payment
I let you impair contract on me, K, whatever, but you/city did not perform on this contract.
So, as you were not performing is said impaired contract I voided the contract.
You did not haul me back into the court and contest my voidance of said contract, therefor by default of doing nothing you assented to the voidance.
It is this time frame of events that you, yes you, dismissed this whole court case and did so with prejudice; happy me.

The day after this voidance you went to and took pictures of 5 men working on the roof of said building.
You charged me with unlawful entry for those men being there, you did so at $1,000 a man.
You took your pictures from off of the property but yet on the R&R right of way. What you showed was that you had lost your doctrine of competing harms because IF you still held it you would have trespassed onto my property and saved them men's lives as the doctrine of competing harms allows you to break the law in order to save lives. You chose not to save lives yet let them work on a building that you later said as testimony, in two courts of which I am coming too, you said that the building was condemned and I had not purchased any permits.

Now, I must confess: I actually got twisted up in the original code violations, as you had put but not charged 5 counts of unlawful entry. I got that confused with this new charge. BUT, my biggest confusion was not reading the actual code violation itself.
You, oh and, you do know that you did take your "Independence Municipal Codes" off line till the/this new new matter was concluded.
You/your IMC's came back on line shortly "after" the conclusion of this new charge.
It was then I found out that the for the men working on the roof you actually charged me with taking down the condemned placards.
You then brought me back into court, of which I appealed.
You then upon appeal in district justice court #12 had changed the code violation yet again without telling me, and I missed that one also.
So you see, that is why the Oregon Court of Appeals will find for me and your puny defense of "its not in the constitution" will not prevail.
You do know that to win in the Oregon Court of Appeals all I have to show is that in my winning that I am doing so for the benefit of all the people that live inside the bound of Oregon. And, you by changing charges or code violations show that you have acted in bad faith and by allowing such bad faith it is detrimental to all the people who live inside the bound that is called Oregon.
Also you should know that your first code charge was the placards and the next, by wording only, seems to be a state statute of car prowling. Yes car prowling BUT the IMC violation you used was and had to do with ....Oh derrie, it escapes me but suffice it to say: Your code violations do not define, in the code violations, what unlawful entry is and it is all rather ambiguous without that definition or being defined.

Now we come to your DEQ:

Your code cop had gotten het tit in a wringer and went on a tit whining extravaganza to your DEQ.
Upon discovery it was found a lot of conversing from said code cop to the DEQ.
Your DEQ sent me demand letters and here is how they were structured: Authority, findings of fact, conclusions, order to pay, and notice of right to contest a case hearing.
So you, have found me guilty without a hearing or a trial and THAT is a rush to judgement and I answered this first onslaught with a notice to produce your evidence in Polk county judicial district #12. I also told you that 'only' judges can make conclusions of law and you did nothing.
You sent me another demand letter structured the same way and I sent you a tort answer and you seen it not.
You then sent me a letter stating that as I "did not 'request' a hearing" I was going to be found in default, So I requested.
You had your ALJ tell me in a phone hearing that my answers were legal arguments and as such could only be made by a lawyer; so I hired one.
All this lawyer did was want to settle so I fired her and persevered on my own.
You requested me attend a hearing in Marion county at a specific time, this date was on 6-22-2020, but you also requested a hearing on 6-21-2020.
You also sent your exhibits and testimony to me and I did not reject any of it. I wanted you locked into it.
You also in that brochure stated and I do paraphrase: " We ARE not going to admit into evidence the fire of 2014.
Well stuff my ass like a christmass goose; you did at that point take out your one and only chance of using the doctrine of competing harms; how foolish. Now you have no standing.
I called on both days but it was crickets, AND, on both days I asked the court administrator of hearings where this hearing was and she said "What hearing? There is no hearing scheduled with those names or that case number."
You then sent me a demand to find me in default for not showing up to court or the hearing.

I found via chapter 14 of the Oregon code, a code written as the basis of the ORS (Oregon revised statutes) and the ORCP (Oregon Rules of Civil Procedure) that all and I mean all proceedings that are generated inside a county must remain inside of that judicial district.
I found that as my land trust was dully incorporated it was in fact a corporation.
I found that ORCP, rule #26, did in fact allow me the benefactor of an expressed trust to file suit in behalf of said trust and the benefited of said trust need not be joined in said action. It was then I realized that as I can file suit in behest of my trust then I can defend said my trust; I never needed a lawyer.
Now, upon receipt of your default I sent you an answer or a statement of chronological facts.
I told you that as of ORCP I was able to defend my trust and as such is proper I am now pursuing that defense.
I told you also that chapter 14 only allows for things generated in the bounds of a said judicial district, district #12, that those things remain inside of said district and not procced to a different district unless there is a change of venue; there was no said change of venue.
I told you that for the simulated legal action the DEQ could have its simulated DEFAULT.
I also told you that simulated legal action is a class C felony inside the bound of Oregon.
I sent certified letters to each and every one of the participants of this currant action against my trust.
I sent it to your ALJ ALLEN, the BUSKA woman, the code cop, the hearing administrator, the DEQ case manager.....pretty much everyone.

And then the war of the crickets ensued. For 2.5 to 3 months I waited and figured this was all over because the BUSKA woman et.al could not step in front of a judge, in a court room, and not argue this case without admitting that they did not follow the code of chapter 14 and ORCP #26 and by doing so had in fact initiated a simulated legal action.

And now I come to your latest demand letter:

You have used the same demand letter dated 9-25-2019; nothing special there.
You also sent a proof of service and in this proof of service you have strategically placed one of the corresponding certified mail receipts over the name of the one issuing this proof. You have therefore dinghied me a rebuttal to this PERSON.
You also sent me a letter dated 9-25-2019; noting special there as I already have that one too, but what I find in the middle of this mess of BS is a new letter dated 10-8-2020: a demand of payment.
Now one of the letters has Cc to a lawyer and a firm of lawyers that had nothing to do with this DEQ case but yet in fact they worked on the case that dealt with code violations; totally unrelated.
You also Cc'ed a Hendrix, I have never seen this name before" who is this Hendrix?"

What I find amusing in this demand for payment that you had hidden between two letters that I all ready have, you know the one dated 10-8-2020, is you have "If the civil penalty remains unpaid for mare than 10 days 'from' the date of this letter, we will file the order with the appropriate counties, therby(sic) placing a lien on any property you own with in Oregon."
Your letter is dated 10-8-2020 and I picked it up in my mail box on 10-19-2020. So you held onto this envelope/letter of how many days? Oh and, you should know that it is always upon receipt of said letter and not when is was written that time starts to run; just a fun fact that you should have already known.
Also, I find amusing that you, yes you, used STAMPS.COM. Yes you sly devil you. You do know that I cannot read the postal cancelation date of this envelope.
But not to fear I have contacted stamps.com and asked that they tell me how to do it because I took this envelope to the post office in Dallas Oregon and actually got to speak to a live one, and on a Saturday I might add. She told me it was a third party stamp and the cancelation was in the QR code. What is really funny is this QR code is not readable by anything at GOOGLE PLAY further obfuscation.
Oh and one other thing before I close: I would like you to know that after the "simulated default for a simulated trial" letter which was sent certified and the BUSKA woman took that letter she has refused the next two letters which were sent regular first class mail as they came back undeliverable. Yes two of them so I am wondering where you Cc'd this 10-8-2020 letter to? Humm? Now, now where is she at?
OH and I have a question for you, where oh where is the default judgment from signature-ed by the ALJ? Humm? In your 10-8-2020 envelope You act as if the related documents gives you authority and they do not. your only authority could have been the ALJ's signature on your request of a default judgment and I don't have it, so?

So, keef you would bend over and take this shit like a man? And you would advise me to do the same? You think I am afraid of meat grinders? NOT

But I do thank you for posting your reply, I really-really do, as it has allowed me in the response to you to flesh out some of the intricacies of a reply and a demand to produce that I was having problem with formulating and getting in to a cohesive letter. And, for that I'll take you as a friend any day. You see, I think friends make one to think and you have made me do such thinking.
And I know that this has been an extremely long reply but in all fairness this has been going on since 2017.....so this is a big overstuffed ten pounds of shit in a two pound bag.

michael59