| T O P I C R E V I E W |
| Paul88 |
Posted - 08 Jun 2004 : 14:02:15
I have not received a new court date and they scheduled my court on jun 1 which I did not know about. Now they are asking for 2500 bail. Anyone know of remedy for this? I do not have 2500$ and I don’t want to be arrested since that would limit me from doing any work. I think I would write a motion to drop the bail and reschedule new court date. I don't want to give them 2500 since it will be very hard to get back. Anyone has an example of such a motion? |
| 2 L A T E S T R E P L I E S (Newest First) |
| True North |
Posted - 10 Jun 2004 : 22:15:42
I found this but remember if you use statutes to defend then you are subject to same, maybe.
The Requirement of Notice
The existence of personal jurisdiction depends upon a sufficient connection between the defendant and the forum state to make it fair to require defense of the action in the forum and the giving of reasonable notice to the defendant that an action has been brought. If the defendant has not received proper notice, the court's power to adjudicate is imperfect. Notice is usually given by serving the defendant with the "process" (e.g. a copy of the summons and the complaint) of the court.
Service of process is governed by FRCP 4. The three methods of serving process are personal service, substituted service, and constructive service. Due process does not require that the defendant be served personally however, notice "reasonably certain" to reach the defendant is required. I.e., Notice must be reasonably calculated under all the circumstances to apprise the defendant of the pendency of the action. (Mullane v. Central Hanover Bank, 339 U.S. 306, 70 S.Ct. 652, 94 L.Ed. 865 (1950).)
How to analyze the issue of whether the notice given is valid
1. Is there a statute which authorizes this particular method of notice?
2. If so, does the statute meet the minimum constitutional requirements?
Attacking Notice
Defective service of process can be challenged by a FRCP 12(b)(5) motion to dismiss or the objection can be made in the answer. Defective service of process goes to lack of notice. Due process requires notice and an opportunity to be heard.
TN |
| True North |
Posted - 09 Jun 2004 : 22:56:31
There is always remedy
The original bail was to make sure you showed up for every court date.
Fraud at the onset, so sue, learn how or pay up.
There is a group on yahoo called lawworks, example software for suits at minimum price. Sorry to be cold and unhelpful but the King requires all.
Hey Lewish, let me into the yahoo group? pretty please?
TN |
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