Hi,

I made a notice and demand to an attorney and Plaintiff to rebut my Affidavit if truth point by point. they went silent.

I sent a notice of fault opportunity to cure along with a Affidavit of Non response and non performance. They still went silent

I sent a Notice of default consent to Judgment along with a Affidavit of Non response and non performance. They still went silent.

Is the a way to include this in my Motion to dismiss since there is now an agreement between the parties that I do not owe the plaintiff but the plaintiff in fact agreed by their silence they owe the defendant and do not have a valid claim?

Thanks

Hello George,

Good for you!!

You got a un-rebutted Affidavit, given your opponent an opportunity to Cure, and a Notice of Default. You've done a good job at creating a paper trail for the court.

The one question I have is...have your documents been certified? Did you get your papers Notarized? And did you file them with the Court as part of the official record?

Make sure not to forget to send your Notice of Special Appearance. Point out that this case has not been previously adjudicated (if that's the case here), that there is no controversy to adjudicate (because there's agreement between the parties).

I would have also sent a Conditional Acceptance with a Fee Schedule attached. Without them, the best you can achieve is to have the case Dismissed. You won't receive any other compensation.

Best of Luck

Jerome

George,

I got your Private Message, and will attempt to answer your question. Please be sure (if you haven't already) to review the course material on How To Move The Court.

You didn't give me enough information on your case for me to be too specific with my response. But it appears that you will request your motion for dismissal a being...MOOT!

This is what happened in my 2014 Civil case. The attorney sent a claim against me, along with an Order for Summary Judgement, for the judge to sign.

I counter-offered (Conditionally Accepted) the attorneys claim against me before the hearing. And the attorney failed to respond to my counter-offer by the deadline.

At the hearing the judge granted me relief and wrote the following order. Motion for Summary Judgement Dismiss-As Moot.

The Moot decision was due to the fact that we had agreement between the parties, because the attorney failed to respond to my counter-offer.

Thanks Jerome

I am new to the site just a week now. I have been looking through the material. I have not been able to find anything on Conditional acceptance,I may be looking in the wrong place. If you could explain a little further please how a Conditional acceptance would work it would be much appreciated. The opposing attorney has filed for a default judgement to be heard on the 14th of this month even though I have asked the court for an extension on time to file an answer. instead I plan on filing a motion to dismiss since we have an agreement of the parties. I am drafting a Special Notice of appearance. My case is from building a home where the owner kept wanting to change things and would not pay for them became very abusive and stopped payment and told me she was going to finish the home herself. I filed a lien and and a year later she has filed suit. Claiming I was the one that breached the contract. When in fact it was her and per the un rebutted affidavit she has now agreed to that and the monetary damages stated therein. Thanks again. Also if you have a template I could use it would be helpful.

George,

The purpose that I use the Conditional Acceptance for is to..."Remove The Controversy".

In short, we go to court because we are in a dispute in which we can't resolve for ourselves as mature adults. The judge comes in as the “nanny” to settle the dispute for us.

Basically, without a dispute to adjudicate...the courts can't act!

Your Conditional Acceptance is nothing more than a Counter-Offer to someone's Claim.
My other posting also covers How To Stay In Honor with the courts and in your contracts. You have four doors to choose from.

Disputing a Claim against you, or Ignoring the claim (remaining silent); puts you in Dishonor.
Accepting the claim against you...or Conditionally Accepting the claim; keeps you in Honor.

Look at everything in Law as Contract. When someone makes a claim against you, they are trying to Compel Performance in some way.

Your Conditional Acceptance tells the other party that you will accept their claim against you (therefore you stay in Honor), BUT they must meet your per-conditions first!

Now you just put the ball back in the other party's court!

Example: someone Claims that you owe them money, and you have 20 days to pay.
You counter-offer and state that you accept their claim for the money, but only if they can provide you a certified bill/invoice/contract in 20 days.

Now the other party needs to meet your counter-offer, if they want to get paid...or make a counter-offer back to you. Now you are merely in a round of Negotiations. So long as the parties are stuck in negotiations there is Not A Dispute.

As long as you can show an unbroken “paper trail” of on-going negotiations...you keep the process from going to court. There is a Maxum of Law which basically states, the party who leaves the battlefield first loses.

I hope this helps you understand the power of the Conditional Acceptance and why I always include one in all claims against me.

There other post I have is located as follows: Criminal Proceedings--> Trial ? What is the purpose for going to court.

Dear JEROME2 ...
By now I would hope you know I exist to help others.
However, some of what you say in this last post does NOT come from my teachings and is NOT likely to achieve what you wish.
One party cannot unilaterally impose a duty on another, and the judge is UMPIRE not "nanny". The judge is there to enforce the rules so both players (if they know what I teach) can have the rules enforced in their favor.
It is law and evidence that decides the case, according to the rules the "umpire" will enforce if you know what I teach about making your record, timely objections, court reporters, motions, memoranda, etc.
Whatever you are learning from other websites may certainly not be in your best interest, however you are welcome to proceed as you deem to be in your best interest, but I've been a practicing professional attorney for 30 years, and you may want to ask the people telling you this new stuff just how long they've been in the game and whether they can send you official records showing their victories, rather than just "telling" you they won using their methods.
I only want to help. No trying to start a debate. Just know that court is a game of rules, and the one who knows how to play by the rules and compel the umpire to enforce the rules is usually the one who wins.

Power Of The Memorandum

I didn't know of this document until I took Dr. Graves course. This is another "powerful document". Why?

Have you see court shows, where one party is trying to testify, and either a corrupt judge or attorney tries to stop the facts from being entered into the record?

Have you seen the opposing attorney makes endless series of objections to everything being said. Either valid objections, or frivolous objections to throw off your train of thought?

Well, if you make your testimony in the form of a written Memorandum, you avoid all these tricks your opponent uses to try to keep your testimony from being taken as evidence.

There is nothing that you can say in open court, that can't be put in your Memorandum to get your side of the facts heard!

Now can a judge still strike parts of your memorandum, or can the opposing party still object to your written testimony in open court? Possibly. But at least you got to make an uninterrupted record of your facts...without all the dirty courtroom tricks.

Remember Dr. Graves point of keeping it simple. No one is going to want to read a 30-page memorandum!

If you have 20-points of fact that you need to make, I suggest you develop the top 3 to 5 facts. And just make a numerical list of the other 15 items. And try to keep the memorandum under 10-pages...the fewer the better.

Good Luck George!

Dr. Graves,

I have learned a tremendous amount from your course. That's a fact!! And I have developed confidence to handle a good deal of my own legal matters.

I totally agree with everything you just stated. Sorry for my colorful metaphor of the "nanny". It was used just for effect.

And you are correct that you just can't make bogus claims, or impositions upon others. Like the terms in my Conditional Acceptance Offers are all valid terms...not frivolous demands to delay or cheat justice.

I would hope that anyone reading my comments would not take my comments and use in a deceitful manner.

But, there are crooked attorneys out there. I have had tricks used against me, and court rules ignored. And other here have told me of similar stories.

And in dealing with the government, it appears that many government agencies are looking at their citizens as cash cows. And I believe that the People need to remind government that they are the Public Servants of the People.

I only give advice on the methods that I have used in actual legal cases of mine, that I can back up. And I actually send fellow students actual court documents that I've used and links to my court cases.

I would actually like to post my victories for all to see in the forum, but you restrict the use of links on your site.
I would like for you to reconsider letting us link actual court cases. If not, then I'll just send them through personal email exchange.

Again, you are right that anyone can "boast" about winning a case. But can they back it up with actual court documents? Yes, I can.

Here is the case number from my last 2014 court battle:
(Baltimore City 24C14004375) at Maryland Courts, E-Service, Case Search. I'm now in Oklahoma and learning their Rules.

Your lesson on the Memorandum was very helpful in that case.
I sincerely want to say Thank You for the course.

George,

I apologize for the extended delay in getting back to you.

You stated that you can't find Conditional Acceptance.
The Conditional Acceptance is also called the Counter-Offer.

You can find this in the course under Contract Law Essentials. It's under the Lower-Left Reference Tab. Make sure that you understand the elements of Contract Law.

I always write the Counter-Offer in Negative Averment form so that the opposing party must reply to the counter-offer if they refuse to accept...otherwise the counter-offer is accepted on their silence.

Keep Studying the course material. And Good Luck!

Thank you, Jerome, for these very helpful comments and insights. Blessings on you. I pray George was helped by your information and found remedy.

As of today They have not been able to bring me into the court. They have all gone silent for almost a year and now have made me a new offer to appear for depositions. My response will be a conditional acceptance on proof of claim the matter has already been settled and an agreement stands between the parties with the facts agreed to by the un-rebutted affidavit of truth. Thanks for all the input.

Any further insight would be helpful

George

Hello George,

If the other party has gone silence, then file a motion to 'dismiss with prejudice'. If you don't, then the other party can keep coming back at you over this matter.

State in your motion that you have agreement between the parties with your unrebutted affidavit. And attach all your supporting documents ie. Notice to Cure and Notice of Default.

Look up the With Prejudice clause if you are not familiar with it. Also familiarize yourself with the term 'Without Recourse'. This can be very useful when presenting Negotiable Instruments.

Best of Luck