for further review:
|As mentioned on the 11/16 Talkshoe, below is the information regarding SUBROGATION that I was sent over regarding it being utilized in court. Not sure of the author, but the entire article is reprinted here in its entirety and for your enjoyment. The articles above are for further reference and review regarding the subject matter.
Now this is cooking with gas baby !!!!
Initial Court Appearance.
Memorize this just in case, and keep a copy with you wherever you go. Give them your full Name Upper and Lower Case (no initials), if you play he Name Game they may try to say you didn’t’ “appear” and hit you with a warrant. Then…
we proceed, I need to ask the judge:
2. …if they do not comply and try to move forward say: I do not consent to these proceedings.
3. Your offer is not accepted. (If you already appeared an entered a plea - consider adding this: I withdraw any previous appearances and agreement entered under duress).
4. I do not consent to being surety for this case and these proceedings. I believe I do have a right to subrogation being denied, I demand the bond be immediately brought forward, so I can see who will indemnify me if I am damaged.
Always be ready for some push back or avoidance, but go back to these 4 main points above, and tell them we cannot proceed until these issues are addressed. It may not be fatal to do this later, but at the earliest possible time get this on the record. The judge WILL likely try to move on to other proceedings or get you engaged in other things or issues, so be ready for them to distract and dissuade you. Get these items resolved and stay on point to close the deal in a few moments. If you did take an attorney, tell them you intend to write a letter privately to the judge and ask the same.
Subrogation – Very important concept to understand as all court cases are really commercial transactions and making a claim to your securities because you failed to.
What is SUBROGATION? http://thelawdictionary.org/subrogation
The substitution of one thing for another, or of one person into the place of another with respect to rights, claims, or securities. Subrogation denotes the putting a third person who has paid a debt in the place of the creditor to whom he has paid it, so as that he may exercise against the debtor all SUBROGATION 1117 SUBSTANTIAL DAMAGES the rights which the creditor, if unpaid, might have done. Brown. The equity by which a person who is secondarily liable for a debt, and has paid it, is put in the place of the creditor, so as to entitle to make use of all the securities and remedies possessed by the creditor, in order to enforce the right of exoneration as against the principal debtor, or of contribution against others who are liable in the same rank as himself. Bisp. Eq.
The substitution of one person in the place of another with reference to a lawful claim, demand, or right, so that he or she who is substituted succeeds to the rights of the other in relation to the debt or claim, and its rights, remedies, or Securities.
There are two types of subrogation: legal and conventional. Legal subrogation arises by operation of law, whereas conventional subrogation is a result of a contract.
The purpose of subrogation is to compel the ultimate payment of a debt by the party who, in Equity and good conscience, should pay it. This subrogation is an equitable device used to avoid injustice.
Legal subrogation takes place as a matter of equity, with or without
an agreement. The right of legal subrogation can be either modified or
extinguished through a contractual agreement. It cannot be used to displace a
contract agreed upon by the parties. Conventional subrogation arises when one
individual satisfies the debt of another as a result of a contractual agreement
that provides that any claims or liens that exist as security for the debt
be kept alive for the benefit of the party who pays the debt. It is
necessary that the agreement be supported by consideration; however, it does
not have to be in writing and can be either express or implied.
The facts of each case determine the issue of whether or not subrogation is applicable. In general, the remedy is broad enough to include every instance in which one party, who is not a mere volunteer, pays a debt for which a second party is primarily liable and which, in equity and good conscience, should have been discharged by the second party. Subrogation is a highly favored remedy that the courts are inclined to extend and apply liberally.
The ordinary equity maxims are applicable to subrogation, which is not permitted when there is an adequate legal remedy. The plaintiff must come into court with clean hands, and the person who seeks equity must do equity. The remedy is not available when there are equal or superior equities in other individuals who are in opposition to the party seeking subrogation. The remedy is denied when the person seeking subrogation has interfered with the rights of others, committed Fraud, or been negligent.
The right to subrogation accrues upon payment of the debt. The subrogee is generally entitled to all the creditor's rights, privileges, priorities, remedies, and judgments and is subject only to whatever limitations and conditions were binding on the creditor. He does not, however, have any more extensive rights than the creditor.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
COMMENT: This applies directly to any court “charge”, you have the highest equitable claim to matter involving your NAME estate, so asking the plaintiff/prosecutor to certify your right to subrogation is the right move. Keep it THIS simple. This turn the tables, makes you plaintiff, and order them to settle the accounts (or you should order them after you ask). This has been tested live in court and is quite effective if you follow through. Optional idea - one MAY be able to write a private letter to the judge as well simply asking: Will the plaintiff (or prosecutor) certify my right of subrogation (do so in writing please)? If you already have an attorney show him what you plan to send to the judge (he’ll likely run form this and discourage you, as it exposed the game they are all playing), then send a letter privately from you to the judge in chambers, signed as the living soul (LS). Do not let them stop you from exercising this right to your right of subrogation.
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