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Darin

Filing of complaint & subsequent Summons

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I have researched ORS & procedures to no avail. Is my logic sound?

A complaint must be affirmed by affidavit of truth? If not it is mere allegation & hearsay.

Without a sworn complaint 'in personom' jurisdiction is not attained?

A Summons without a sworn complaint is coercion and violates Due Process rights?

 

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5 hours ago, Darin said:
 

I have researched ORS & procedures to no avail. Is my logic sound?

A complaint must be affirmed by affidavit of truth? If not it is mere allegation & hearsay.

Without a sworn complaint 'in personom' jurisdiction is not attained?

A Summons without a sworn complaint is coercion and violates Due Process rights?

 

What leads you to believe there must be an “affidavit of truth”?

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6 hours ago, Darin said:

A Summons without a sworn complaint is coercion and violates Due Process rights?

Very few jurisdictions require a sworn complaint. It's not a violation of due process anyway, because the complaint is just the notice of what the lawsuit is about. You still get your day in court to challenge their evidence and testimony (aka, due process).

It's also not coercion. They still have to prove their case if you demand they do so. 

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Thank you for the response. So I got this straight. I could fill out a complaint accusing you of causing me injury, file it creating the action (suit) then summons you against your will (demanding performance), your compliance is forced by threat of judicial penalty (default judgment), on mere hearsay? And there is no coercion? So the in personam jurisdiction required for summoning does not require sworn affidavit? And the court decides there is subject matter jurisdiction on the same hearsay? That is messed up.

Does not Due Process rights include the leagal procedures that force you into court?

Thanks again.

 

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8 hours ago, Darin said:
 

Thank you for the response. So I got this straight. I could fill out a complaint accusing you of causing me injury, file it creating the action (suit) then summons you against your will (demanding performance), your compliance is forced by threat of judicial penalty (default judgment), on mere hearsay? And there is no coercion? So the in personam jurisdiction required for summoning does not require sworn affidavit? And the court decides there is subject matter jurisdiction on the same hearsay? That is messed up.

Does not Due Process rights include the leagal procedures that force you into court?

Thanks again.

 

Due process does not mean that a plaintiff must prove its case when it issues the complaint.  

No one wants to go to court.  If YOU were to file and have served a properly written complaint on a defendant, you would be forcing that defendant to go to court.  But that is your right if you have a grievance that falls within the court’s jurisdiction.  That is the purpose of the judicial system   

Would you want to be deprived of your right to have your grievance heard simply because the defendant doesn’t want to be “coerced”?

From the OR Supreme Court.

Portland General Electric Company v. Ebasco Services, Inc. (2013)

“As dictated by the Due Process Clause of the Fourteenth Amendment to the United States Constitution, it is well established that the state may not deprive a person of life, liberty, or property without ‘notice and opportunity for hearing appropriate to the nature of the case.’" 

Due process requires reasonable notice to a defendant before a default judgment or order may be entered against it, but not necessarily strict compliance with the applicable procedural statutes and rules.”

As long as the complaint was properly served and gives you sufficient notice of the plaintiff’s grievance(s) and the requested relief, due process has not been violated because you now have the chance to defend yourself.  

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9 hours ago, Darin said:

Does not Due Process rights include the leagal procedures that force you into court?

No. Read the Constitution. 

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1 hour ago, Harry Seaward said:

No. Read the Constitution. 

Yep the first step of due process of Law is "Notice" in the past, present, and future. 

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