Dealing with the Courts

Before we start, please understand that courts are simply commercial enterprises. That's why you will find them listed in Dunn and Bradstreet business directories. They are working with the banks and the government to take you for every penny you've got. That's all part of the game. But the courts will trick you into playing to their rules on their court. You will politely refuse this kind invitation as the referee is not impartial...

County Court proceedings are very rarely taken by credit card companies or banks, especially if the template letters have been sent, however, should credit card companies or banks pursue you through the court, it can be a very rewarding experience. For unsecured debts, they are most likely to start proceedings to secure payment with a County Court Claim.

A County Court Judgment may then be issued by the court if you fail to to make the payments to your bank or credit card, defend the claim or challenge the court's jurisdiction. Once issued the courts may then set regular payments based on the your circumstances and or have money deducted straight from your wages.

Warning- If you own your own home and the debt is fairly substantial, there may be a risk. This system has been used successfully, but if it was taken to court and you were not confident challenging the jurisdiction of the court, the court may issue a Charging Order. This process turns the unsecured debt (such as a credit card or store card) into a secured debt (like a mortgage) and if you then fail to make the repayments, the court can force the sale of the property to pay back the creditor.

The process starts with the Claimant (the creditor who is taking action against you) having to apply to the court for a claim form to be issued; this will give all details of your debt.You will receive a copy of the claim form, which must be stamped by the court. The claim form will detail the amount the creditor has claimed you owe. You will also get a response pack that will include the following forms:

• Admission Form
• Defense Form
• Acknowledgment of Service

Click on the form to see it full size- (Some personal details have been removed)

If you admit the claim, you use the the admission form.
If you admit part of the claim, you use the admission form and the defense form.
If you dispute the whole claim you use the the defense form (Which we don't)
If you contest the court’s jurisdiction or require 28 days (rather than 14) from the date of service to prepare your defense, use the Acknowledgement of Service.

The Acknowledgment of Service is the form we use, as we will be contesting the jurisdiction. of the court as the Claim Form does not have our name on it, only the government's fictional entity, denoted by the name being in UPPERCASE. We also get the extra 14 days to get the paperwork together.

Completing the Acknowledgement of Service

The Acknowledgement of Service must be completed as follows:

(Click on the form to see it full size)

In the box where it says 'Defendant's full name if different from the name given on the claim for', white you name in Title Case with your first names hyphenated, if you have more than one. You then place a colon after your first name and before your surname. This historically denotes 'from the clan or family of'. This way of writing your name, clearly defines you as a living soul AND NOT a government created fictitious entity. Then tick the third box down, 'I intend to contest jurisdiction'. For date of birth, you can put 'unknown' as you have no memory of being born, your parents have not sworn an affidavit, which makes your birth date 'hearsay evidence' which is not admissible in court. Sign the form in the same format as you have written your name, so there can be no confusion as to who is signing it and in the box 'Position or office held' write 'Authorized Representative'. Put in the date after that box and send it back within 14 days. You will then get another 14 days to send in your Notice and your SDTN, but don't leave it to the last minute.

You will then get a letter, acknowledging the Acknowledgement of Service. IGNORE the part that says you have to pay £75 and fill in the enclosed N244. This is further extortion by the court.

Click on the letter to see it full size- (Some personal details have been removed)

Statutory Declaration of True Name (SDTN)

A Statutory Declaration is a a written statement declared to be true in the presence of an authorized witness. We will be sending a Statutory Declaration of True Name, to show the court that it has no jurisdiction over us, as we have formally declared that we are not going to pay the debts of our 'fictional counterpart'. We suggest you have the statement signed by a solicitor. They will ask you if you understand the implications of the document and then ask you to swear on the bible. The whole procedure takes about five minutes. The standard fee is £5 and you can get a certified copy, which is a stamped and signed copy. The solicitor will take a copy for their records. I would suggest approaching a large company, as they are more likely to have someone free to do it for you. I have heard of solicitors taking exception to the SDTN and refusing to sign it, perhaps because they understand the implications of it, but don't let this put you off!

Intentionally making a false statement as a statutory declaration is a crime equivalent to perjury, and punishable by fines and/or a prison sentence. Put your name in place of the name that's in blue in the letter in exactly the same format as in the letter, i.e. In UPPERCASE or Title-Case. Make sure you change everything back to black once you've substituted your details.

Adobe Acrobat is required to read getoutofdebtfree.org letters as PDFs.

Notice of Discharge

The SDTN must be accompanied by the Notice of Discharge of County Court Claim. Make sure you change everything back to black once you've substituted all your details.

Adobe Acrobat is required to read getoutofdebtfree.org letters as PDFs.

Here is a letter received from the court after this process was completed. Please note, in this case the claimant did not proceed with the claim and has never pursued the alleged debt since...

Click on the letter to see it full size-

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