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    Notice To The Clerk of The Court To Provide Evidence of Injury in Fact or You Will File Default Judgment For Lack of Personal Jurisdiction

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    David Dienamik
    NOTICE TO THE CLERK OF THE COURT TO PROVIDE EVIDENCE OF INJURY IN FACT OR YOU WILL FILE DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION

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    © All Rights Reserved
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    Notice To The Clerk of The Court To Provide Evidence of Injury in Fact or You Will File Default Judgment For Lack of Personal Jurisdiction

    Uploaded by

    David Dienamik
    3K views6 pages
    NOTICE TO THE CLERK OF THE COURT TO PROVIDE EVIDENCE OF INJURY IN FACT OR YOU WILL FILE DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION

    Original Title

    (1) NOTICE TO THE CLERK OF THE COURT TO PROVIDE EVIDENCE OF INJURY IN FACT OR YOU WILL FILE DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION

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    NOTICE TO THE CLERK OF THE COURT TO PROVIDE EVIDENCE OF INJURY IN FACT OR YOU WILL FILE DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views6 pages

    Notice To The Clerk of The Court To Provide Evidence of Injury in Fact or You Will File Default Judgment For Lack of Personal Jurisdiction

    Uploaded by

    David Dienamik
    NOTICE TO THE CLERK OF THE COURT TO PROVIDE EVIDENCE OF INJURY IN FACT OR YOU WILL FILE DEFAULT JUDGMENT FOR LACK OF PERSONAL JURISDICTION

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6
    At a glance
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    The document discusses personal jurisdiction and standing in court for child support cases. It argues that without evidence of injury, the petitioner does not have standing and the case should be dismissed.

    The document is a letter sent to the clerk of the court contesting personal jurisdiction in a child support case and refusing to voluntarily appear without evidence being provided.

    The author argues that he is invoking privileges and immunities and therefore cannot be presumed to be a private person subject to legal process without evidence of a support obligation. He contests personal jurisdiction and standing.

    To: [TYPE IN THE NAME OF THE CLERK OF THE COURT AND NAME OF

    THE COURT]

    From: [TYPE IN YOUR NAME AND ADDRESS AND REMOVE BRACKETS]

    THE UNDERSIGNED CLAIMED DEFENDANT IS NOT WAIVING

    PERSONAL JURISDICTION AND REFUSES TO APPEAR

    VOLUNTARILY

    The undersigned claimed defendant is a man domiciled within the territory

    of this state and thereby is refusing to express consent to enter into a contractual

    relationship with an IV-D agency.1

    Therefore, the undersigned man is not making a voluntary appearance and requires

    evidence of standing by the petitioner to force the undersigned defendant to

    involuntarily show for child support enforcement proceedings to establish paternity

    or establish a child support order for child support.

    1
    IV-D Agency “means the single and separate organizational unit in the State that has the responsibility for
    administering or supervising the administration of the State plan under title IV-D of the Act.” 45 CFR § 301.1 IV-D
    https://www.law.cornell.edu/cfr/text/45/302.34
    The undersigned claimed defendant is a man invoking immunities and privileges2

    and thereby the undersigned claimed defendant cannot be presumed to be a

    person,3 private person4 subjected to legal process5 under 42 USC section 659(i)

    (5).

    Without evidence of a support obligation6 the undersigned cannot be held in

    default nor forced to appear for child support enforcement7 proceedings to establish

    paternity or establish a child support order.

    It is an adjudicated fact Lujan v. Defenders of Wildlife, 504 US 555 - Supreme

    Court 1992 that without evidence of an injury in fact, the petitioner has failed to

    meet the minimum of standing and thereby this petition must be dismissed sua

    sponte for lack of standing.

    2
    Privileges and Immunities Clause
    The Privileges and Immunities Clause of Article IV, Section 2 of the Constitution states that "the citizens of each
    state shall be entitled to all privileges and immunities of citizens in the several states." This clause protects
    fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state citizens.
    However, the Privileges and Immunities Clause extends not to all commercial activity, but only to fundamental
    rights. https://www.law.cornell.edu/wex/privileges_and_immunities_clause
    3
    person
    42 USC § 1301(a)(3) The term “person” means an individual, a trust or estate, a partnership, or a corporation.
    4
    Private person
    42 USC § 659(i)(4) Private person
    The term “private person” means a person who does not have sovereign or other special immunity or privilege
    which causes the person not to be subject to legal process.
    5
    42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar process in the
    nature of garnishment— (A)which is issued by— (i)a court or an administrative agency of competent jurisdiction in
    any State, territory, or possession of the United States;
    6

    7
    Ex. Ord. No. 12953, Feb. 27, 1995, 60 F.R. 11013 Sec. 203. "Child support enforcement" means any
    administrative or judicial action by a court or administrative entity of a State necessary to establish paternity or
    establish a child support order, including a medical support order, and any actions necessary to enforce child
    support or medical support order. Child support actions may be brought under the civil or criminal laws of a State
    and are not limited to actions brought on behalf of the State or individual by State agencies providing services
    under title IV-D of the Social Security Act, 42 U.S.C. 651 et seq.
    THE COURT MUST PROVIDE EVIDENCE OF AN INJURY IN FACT TO

    PROVE THE PETITIONER’S STANDING IN COURT

    1. The undersigned claimed Defendant is presumed innocent and as one of the

    people he is declaring that his unalienable rights are secured by State and

    Federal Constitutions and thereby under the 5th amendment he cannot be

    compelled to bring evidence against himself or be compelled to bring

    evidence to prove his innocence.

    2. The undersigned contests personal jurisdiction8 and under no circumstances

    will the undersigned appear voluntarily and thereby evidence of probable

    cause must be forwarded to the undersigned claimed defendant or the court

    lacks personal jurisdiction over the undersigned claimed defendant.

    8
    Personal Jurisdiction
    Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a
    case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain
    minimum contacts with the forum in which the court sits. International Shoe v Washington, 326 US 310 (1945). So
    if the plaintiff sues a defendant, that defendant can object to the suit by arguing that the court does not have
    personal jurisdiction over the defendant.
    Waiving Personal Jurisdiction
    Personal jurisdiction can generally be waived (contrast this with Subject Matter Jurisdiction, which cannot be
    waived), so if the party being sued appears in a court without objecting to the court's lack of personal jurisdiction
    over it, then the court will assume that the defendant is waiving any challenge to personal jurisdiction. See Federal
    Rule of Civil Procedure 12(b)(2).
    Obtaining Personal Jurisdiction
    Typically for a court to have personal jurisdiction over a defendant, the plaintiff needs to serve the defendant in
    the state in which the court sits, and the defendant needs to voluntarily appear in court.
    Federal Rules of Civil Procedure Rule 4(k) describes whether a state's courts would have the authority to adjudicate
    a claim as it relates to personal jurisdiction. https://www.law.cornell.edu/wex/personal_jurisdiction
    3. Take judicial notice of evidence of an adjudicated fact Lujan v. Defenders of

    Wildlife, 504 US 555 - Supreme Court 19929 for the petitioner to have

    standing,10 the petitioner has the burden of proof to bring to the clerk’s office

    evidence of an injury in fact. Without this evidence of an injury in fact, the

    clerk of the court had no probable cause to issue a written instrument

    requiring the appearance of the undersigned claimed defendant.

    4. No evidence of an injury in fact is requiring the court to dismiss matter sua

    sponte11 under federal rule 12(b)(6).

    5. This communication to the clerk of the court is a record proving the

    undersigned is not consenting, but is contesting personal jurisdiction for

    9
    Lujan v. Defenders of Wildlife, 504 US 555 - Supreme Court 1992
    “Over the years, our cases have established that the irreducible constitutional minimum of standing contains three
    elements. First, the plaintiff must have suffered an "injury in fact"—an invasion of a legally protected interest which
    is (a) concrete and particularized, see id., at 756; Warth v. Seldin, 422 U. S. 490, 508 (1975); Sierra Club v. Morton,
    405 U. S. 727, 740-741, n. 16 (1972);[1] and (b) "actual or imminent, not `conjectural' or `hypothetical,' " Whitmore,
    supra, at 155 (quoting Los Angeles v. Lyons, 461 U. S. 95, 102 (1983)). Second, there must be a causal connection
    between the injury and the conduct complained of—the injury has to be "fairly. . . trace[able] to the challenged
    action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the
    court." Simon v. Eastern Ky. Welfare Rights Organization, 426 U. S. 26, 41-42 (1976). Third, it must be "likely," as
    opposed to merely "speculative," that the injury will be "redressed by a favorable decision."” Id., at 38, 43.
    10
    In Lujan v. Defenders of Wildlife (90-1424), 504 U.S. 555 (1992), the Supreme Court created a three-part test to
    determine whether a party has standing to sue:
    1. The plaintiff must have suffered an "injury in fact," meaning that the injury is of a legally protected
    interest which is (a) concrete and particularized and (b) actual or imminent
    2. There must be a causal connection between the injury and the conduct brought before the court
    3. It must be likely, rather than speculative, that a favorable decision by the court will redress the injury
    11
    Sua sponte
    Latin for "of one's own accord; voluntarily." Used to indicate that a court has taken notice of an issue on its own
    motion without prompting or suggestion from either party.
    As a general rule, where grounds for dismissal exist, an action is subject to dismissal on a court's own motion. A
    trial court has the power to dismiss an action sua sponte for want of prosecution, or failure to comply with the
    rules of civil procedure or a court's orders. A court may sua sponte enter a motion to dismiss for want of
    jurisdiction even though both parties have agreed to appear in the court.
    See, e.g., Carlisle v. United States, 517 US 416 (1996) and Trest v. Cain, 522 US 87 (1997).
    https://www.law.cornell.edu/wex/sua_sponte
    Child support enforcement and paternity establishment as required under

    State Uniform Interstate Family Support Act Bases for Jurisdiction for

    Nonresidents Section 201(a)(2) “the individual submits to the jurisdiction of

    this State by consent in a record, by entering a general appearance, or by

    filing a responsive document having the effect of waiving any contest to

    personal jurisdiction;”

    RESPOND WITH EVIDENCE OF AN INJURY IN FACT BY CERTIFIED

    MAIL WITHIN 5 BUSINESS DAYS OF RECEIPT OR THE

    UNDERSIGNED CLAIMED RESPONENT CANNOT BE HELD IN

    DEFAULT OR CONTEMPT AND A COPY OF THIS COMMUNICATION

    WILL BE INTRODUCED INTO A COURT OF COMPETENT

    JURISDICTION AS PROOF THE CLERK OF THE COURT WAS

    REQUIRED TO PROVIDE DISCOVERY PROVING PROBABLE CAUSE

    TO REQUIRE THE INVOLUNTARY APPEARANCE OF THE

    UNDERSIGNED CLAIMED DEFENDANT

    __________________________________________
    TYPE IN YOUR NAME AND SIGN ON LINE
    BEFORE A NOTARY REPUBLIC

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