The Tender For Law

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ENGLISH is the international language of law and commerce. Knowing FRENCH is useful for understanding LEGAL ENGLISH, but FRENCH is not the international language of law and commerce, so we will ignore French speakers who speak to us in the language of a conquered people.

Non.

I understand that you are a proud Québécois, but the people here have nothing but contempt for you because of decades of transfer payments and NONE OF YOU understanding what Quebec sovereignty means. None of you know who Russell Rogers Smith is, and you're too proud and arrogant to teach. Just go away and be Retardier somewhere else.

Volume 2

Apr 09, 2013 4:48 PM

Phillip PraterPhillip Prater Theprisonersix

In order to make this straight in my head, I received a letter from the family support division stating: the director of family support division finds that the above named person: responded by entering a payment agreement but failed to comply with the agreement. pursuant to sections 454.1000 and 454.1025 rsmo, the director orders the suspension of the above named person's driver's license and orders the person to refrain from the licensed activity.

As i read this 454.1025 it states a law license. second, i have sent to family sent to family support, a letter that stated that I believed that there attempt to suspend my license was a fraud and extortion based on a fraud by my ex-wife to collect money for a child I had in my posession for 3 years in june. Also that as i understand it a contract(divorce papers with child custody agreement) is between the two people that signed those papers. since she broke that contract continually and was the first to break it by refusing to allow the court ordered visitation among many other things that i listed, the contract becomes void and therefore there is no arearage. i accepted the offer to continue the agreement with them to pay if they could provide me proof that the contract between her and I was still in effect, that they had a right to enforce a contract based on fraud, proof that they are allowed to harm a child that the enforcement order is for,proof that they have no responsibility to to notify that a fraud was being committed.

I don't know where I went wrong in this letter but now with there response to order the suspension and orders me to stop driving, I could use some help figuring out where i went wrong and how to correct this. i am a chauffeur and that is how i make my money to support all of my family. If, hypothetically, you were in these shoes what would you do to prevent this. As I have not much money, i would be willing to donate what I can afford to prevent this.

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Read Comments 24

Philip Laforet

It would be on the line, but the not for hire thing (but technically) you are, would work, you don't need a license. Is your mode of transportation marked?

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James Allan

I dont believe there is anything you can write them that will have any effect. I suspect going to a court of inherent jurisdiction (not family court) to have the mistake corrected and any orders under the fam court proceeding quashed and that action halted (prohibition writ) may work. Unfortunatly, that is not an easy task and is ONLY theory based on my understanding. Would love to know if others have done something that actually works.

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James Allan

I have seen the NOTICE OF MISTAKE and I like the content. However, would someone mind telling me, with all the necessary details, how the hell one would go about getting it into the Court? Sending it to the Family Support division is a waste of time, I believe, since their statute likely does not allow them to recognize such things as having any legal significance. A court order is all that can change the situtation from what I have seen.

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Phillip PraterPhillip Prater Theprisonersix

Would i need to add something to the notice of mistake? An offer or something? Can i accept the arrearage just to make it go away until i can gain more knowledge?

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James Allan

If you wish to claim "mistake", acceptance of arrearage would undermine that assertion.

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Philip Laforet

If you go back to Family court with affidavits, expaining the situation and if there is fraud, the person should be charges as such. Seems simple, may take a bit of time to clear up. Will the family service division notify DOT?

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James Allan

I say stay out of family court. Only fictions have standing in there. You may get some relief as a fiction but you kiss your birth rights goodbye when you take standing there. Its a personal decision.

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James Allan

Phillip Prater, if I was in your shoes, given your level of knowledge here is what I would do. File a motion under the existing Family Court Action, offer some type of repayment plan for arrearage, ask for an order for lower payments and for an order directing the Family Support people to reinstate your person's license based on this offer. You will need an affidavit explaining your person's situation as well as updated financial information for your person. You will likely be able to find most of the information how to do this on-line. Go to the Family Court site and look up motions and affidavits. You will have to serve this on our ex's lawyer (or her if no lawyer) and file it with the court. The Registrar will give you some genereal guidance likely. This is not legal advice, just what I would do if I were in your shoes.

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Phillip PraterPhillip Prater Theprisonersix

James Allan, if I were to do this, I think that the arrearage Is mostly absorbed by the fact that i have had physical custody of one of the two children AND paid her money two of the three years that i have had the one child. The fact that she has continuously broken the visitation and relocation part of the parental agreement, even as far as moving two states away and punishing the children for talking to me, should have some kind of weight.

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James Allan

Yes, if i was you I would put all of that in my affidavit. And also ask for what ever you want in your orders sought under motion. Its your motion, ask for whatever relief you want which is within the jurisdiction of the governing statute - support, custody access, etc. Its just given the established facts in your matter and your knowledge level you would have an up hill battle going outside of the box at this point I believe. You may want to review your rules of family court - should be on line. Will be helpful.

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James Allan

This stuff is great in theory (and perhaps practice) and I don't want to shun creative approaches. But, has anyone actually done one of these sucessfully such that they can guide Phillip on how to give it effect? If so please share the "specific" details. They may work, but despite my requests for details, no one has shown me, specifically, how they are done or proof of any success. And although I would love to believe that Santa is real, common sense dictates that if no one wants to step up and provide proof, I best go get my own present for under the tree. Btw Rob is a great guy and I give hats off to anyone trying different appoaches. But if none of us can give Phillip details how to do it where does that leave him? Not picking on Beverly for throwin it out there by any means.

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Derek Moran

164. Fair hearing

(4) Without limiting the generality of subsection (3), that subsection does not preserve the validity of the proceeding if the failure to comply with the agreement results in PREJUDICE to the DEFENDANT'S RIGHT to a FAIR HEARING.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p33_e.htm#BK207

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