So here is the draft affidavit and invoice I've done as a result of my arrest 6 months ago... It's my first affidavit and invoice so I'd be grateful for any help...
For anyone un-informed members - I was arrested 6 months ago while driving home. Plenty of charges could have been brought but I refused to give a name or sign anything and was released without charge...
6 months is the time limit for summary cases to be filed with the court here in Ireland.
I am now issuing a bill for my time on the night...
Chris, Pete, Scott, Mackximus, Beverly, Ceit...
Some uncertainties -
I'm issuing the bill through the person as the administrator yes?
Should the affidavit be signed and qualified?
Is asking for a cheque the right thing to do? Or should I ask for 1 billion Dogecoin? :p
Cheers for any help guys...
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Read Comments 58
Will Bed
I'd cut short on whatever may lead them to believe there may be something not 100% exact in what you are stating... To the best of your knowledge, which is probably better knowledge that anyone else's, THAT IS THE TRUTH, so stand firm on that !
"I solemnly declare that the following facts are the truth : "
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Eamonn O Brien
Cheers Will. Noted...
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David Vilaca
Rebuttal? Perhaps you should add, and / or objections
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Lee Edgely
You should number the paragraphs, it is easier to refer to a number in an affidavit than a bullet point. They let you go because in the Irish Constitution you are free to travel, they have to uphold that, since you gave no contract. If this goes to the supreme court, it will (I think) be the first case of it's kind in Ireland. Good luck Eamonn!
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Eamonn O Brien
I didn't identify as a citizen with rights afforded to me under their constitution Lee. Remember citizen = government employee. They are a company who were trying to do business with me by force. I didn't want to so now they owe me for my wasted time... Simple as that...
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Lee Edgely
That's right Eamonn the Garda have to abide by their Constitution and let you go. Their screwed.
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Eamonn O Brien
I only have one right and that is to contract or not.... :D
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Citizen Skinny Irl · Citizen Skinny
Number 1. I am a Man
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Citizen Skinny Irl · Citizen Skinny
Point number 2.I have a PERSON
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Eamonn O Brien
Just looking up a few things there, which I probably should have known anyway...
Affidavit must be signed and my capacity stated and must also be affirmed before a commissioner of oaths. Facts stated are known by me to be true as David pointed out...
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Lee Edgely
I like this: I AM REQUIRED TO INFORM YOU THAT FORCED COMPLIANCE TO ORDERS BY YOURSELF, and/or YOUR AGENTS and/or THE GOVERNMENT OF IRELAND and/or OFFICERS and/or EMPLOYEES and/or AGENTS OF THE GOVERNMENT OF IRELAND, IS IN FACT, ACCEPTANCE OF MY TERMS and/or CONDITIONS ON THIS AFFIDAVIT and/or ATTACHED NOTICE OF MISTAKE.
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Pete Daoust
It would be a good idea to write payment terms on your invoice Eamonn O Brien, I suggest DUE UPON RECEIPT.....or Net-3-Days, ......something like that :D
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Eamonn O Brien
Should I send the affidavit and invoice together or affidavit first to see if they want to rebut anything?
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Pete Daoust
Do you plan on writing false stuff on that affidavit ? :/
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Chris Evan
I did this job years ago and the client didnt pay...so I took them to Kourt. The CONTRACT wasn't challenged, but the quality of work was. I had written some instruction on the Invoice (which weren't followed and proven by the pictures she submitted). The Kourt ruled in my favor based on the 'care instructions' from the Invoice.
Anyhow....I think the unrebutted Affidavit serves as the CONTRACT (should that be challenged) and you could put further instruction on the Invoice if necessary.....
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Eamonn O Brien
No Pete, all facts...
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Pete Daoust
So no rebuttal is possible ?? :/
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Eamonn O Brien
No but one must offer the other party the opportunity in good faith... No?
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Pete Daoust
No :P
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Eamonn O Brien
I'll send both together... I'll offer the opportunity to rebut which they won't be able to thus the invoice will be deemed valid by default...
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Pete Daoust
Why would you OFFER anything to anyone ? :/
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Eamonn O Brien
In good faith? :( As I said it's my first time doing this... Learning as I go...
So you think I should just send affidavit and invoice with notice to pay upon receipt...
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Pete Daoust
Yes. in other words, get the CREDITOR thinking....that's what I think... :)
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Eamonn O Brien
I'll have to give a timeframe for them to act upon it. To notify them that if it's not paid within 10 days you may be in default and further action will be taken...
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Eamonn O Brien
Nobody likes seeing letters like that... They won't be any different... :D
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David Vilaca
I do it this way. 1st notice 30 days to object. then notice of fault, 15 days to object, then is notice of default and invoice with 10 days to pay
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Pete Daoust
The only thing that can happen is : they will CHALLENGE the invoice, or they won't
That's all.....BUSINESS, that's all there is... :)
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Pete Daoust
If they CHALLENGE the invoice, they will have to explain why....if they don't challenge the invoice, they will have to PAY it.
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Eamonn O Brien
I think send both, include a cover letter instructing them to either rebut/challenge or pay within 15 days upon receipt or further action will be taken i.e. Notice of default
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Pete Daoust
NNOOOO....
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Pete Daoust
When I send a fucking invoice to someone, I send an invoice.....I don't include a letter with it telling them to rebut/challenge the invoice if they want !!!!....HHEEELLOOSSSSS !!!!!! :(
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Eamonn O Brien
Ok.. I understand. Grab my balls and stick it to them...
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Eamonn O Brien
Not stick my balls to them...Ya know what I mean...
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Eamonn O Brien
:p
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David Vilaca
the time to object will come and go, they never repond in kind (registered) the invice is what it is and payable on demand
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Eamonn O Brien
So if it comes to a lien, which effectively takes them out of commerce, what are the chances of actually getting the invoice paid?
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Pete Daoust
Who cares ? :/
Eamonn O Brien
Trip to the Maldives would be nice :P
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Pete Daoust
Are you doing all this for the "money" ? :D
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Eamonn O Brien
I want to show them where the power truly lies by exploiting their ignorance...
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David Vilaca
discharge, if you really want the money, pull the perfect heist
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Eamonn O Brien
How do you mean discharge David? For the guard to do that? Return the invoice accepted and discharged?
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David Vilaca
the purpose of the invoice is because they failed to discharge the debt
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Eamonn O Brien
I'm not following you David... The invoice would be the first indication to them that there is a debt...
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David Vilaca
whatever YOU are Charged with needs to be discharged
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Eamonn O Brien
There were NO CHARGES... Over 6 months later there has been no contact from them... I waited 6 months as that is the time limit for summary charges to be brought to a court. None were. :D
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Eamonn O Brien
I've said that in the original post David...
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David Vilaca
sorry at work, 50 $ fine if caught on the phone
Eamonn O Brien
Discharge it :p
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David Vilaca
without prior notice your time that night is a freebee. I suggest you send them a notice that states any future intercourse is on these conditions. better go and read the proper notice thread. henceforth from this day forward....
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Eamonn O Brien
Could I not invoice for damages? Wasting my time etc...?
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Nelida Torres-Santiago · Shewolf Herrera
where you from
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David Vilaca
yes, but without prior notice you may be seen as a vexatious litigantcould br deemed a
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Lee Edgely
Im from here :)
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Eamonn O Brien
I'm out... Chat later....
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Lee Edgely
You should really complete your sentence Shewolf Herrera
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Will Bed
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