Professional Documents
Culture Documents
Contesting Personal Jurisdiction
Contesting Personal Jurisdiction
2 Your address
[City, ST ZIP Code]
3
5 [COURT NAME]
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[PLAINTIFF'S NAME], Case No.: [Number]
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Plaintiff,
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NOTICE TO COURT
10 vs.
UNDER THE UNIFORM
11 INTERSTATE FAMILY SUPPORT
[DEFENDANT'S NAME],
ACT ARTICLE 2 SECTION 201(A)
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Defendant (2) THE RESPONDENT IS NOT
13 SUBMITTING TO THE
JURISDICTION OF THE STATE
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AND IS NOT WAIVING THE
15 RIGHT TO CONTEST
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18 NOTICE TO COURT
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UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT
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ACT ARTICLE 2 SECTION 201(a)(2) THE RESPONDENT IS NOT
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 1
1 Comes now, the Defendant/Father [type in your name, not in
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capital letters and remove brackets] is a living man with blood running through his
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evidence of the Defendant/Father’s wet-inked signature expressing consent to
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The Defendant/Father [type in your name, not in capital letters and
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remove brackets]has received notice that he must appear inside this court and
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Furthermore, it is a published fact under Uniform Interstate Family
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18 Support Act or UIFSA where is says the State requires consent under Article 2
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Section 201(a)(1)(2) and thereby the undersigned has provided a published fact to
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prove he has merit to require this court to provide proof that it has the required
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1
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24 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
25 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
Court 1869
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 2
1 personal jurisdiction over his body to force his appearance to participate in legal
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process2 for child support enforcement proceedings under 42 USC Section 651-
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4 669(b).
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9 alleged defendant is not waiving personal jurisdiction and thereby not submitting
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to the jurisdiction of the state.
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It is a fact the undersigned Defendant/Father’s consent was and is
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required to submit to the jurisdiction of the state and thereby without evidence of
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Thereby, as a state citizen national this state court or administrative
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23 2
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42 USC § 659(i)(5)The term “legal process” means any writ, order, summons, or other similar
25 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;
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 3
1 Citizen National is a private person3 or person4 who may subjected to legal
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process,5 quasi-judicial proceedings.6
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thereby the respondent’s physical appearance is not required or this court or
8 tribunal must rebut the facts presented or must immediately discharge this matter
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and cease and desist sending notices to appear.
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This response is proof the respondent did not submit to the
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13 jurisdiction of the court and thereby the respondent’s physical response is not
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required.
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17 3
18 42 USC SECTION 659 private person (4)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.
4
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22 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
23 jurisdiction in any State, territory, or possession of the United States;
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Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
25 that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
a judge.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 4
1 This response is proof the respondent’s physical response is not
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required and is proof the respondent did not make a general appearance.
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STATEMENT OF FACTS SUPPORTS THE RESPONDENT’S
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tribunal is prohibited to presume he is a private person8 without special
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22 “In the Constitution the term state most frequently expresses the combined idea just noticed, of
people, territory, and government. A state, in the ordinary sense of the Constitution, is a political community of free
23 citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited
by a written constitution, and established by the consent of the governed.” Texas v. White, 74 US 700 - Supreme
24 Court 1869
8
25
42 USC SECTION 659 private person (4)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.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 5
1 privileges and immunities and thereby can be subjected to legal process,9
2
quasi-judicial proceedings.10
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5 government derive from the consent of the governed, and thereby the [type
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in your state] child support enforcement agency established under 42 USC
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8 Section 654(3) is required to provide proof [Type in your name and remove
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155 (1909) supporting the claim the undersigned respondent can be a state
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17 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
18 jurisdiction in any State, territory, or possession of the United States;
10
19
Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official
20 that is similar to a court proceeding, e.g. a hearing. A court may review a decision arising from a quasi-judicial
proceeding. 2) A judicial act performed by an official who is either not a judge or not acting in his or her capacity as
21 a judge.
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Informed Consent “An agreement to do something or to allow something to happen, made with
23 complete knowledge of all relevant facts, such as the risks involved or any available alternatives.”
https://www.law.cornell.edu/wex/informed_consent
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25 "There are two classes of citizens, citizens of the United States and of the State. And one may be a
citizen of the former without being a citizen of the latter" Gardina v. Board of Registers 48 So. 788, 169 Ala. 155
(1909)
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 6
1 citizen, while not being a Citizen13 of the United States14. The petitioner
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must provide evidence to rebut this fact or the fact stands as a rebutted fact
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15 communications.
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“The privileges and immunities clause of the Fourteenth Amendment protects very few rights
18 because it neither incorporates any of the Bill of Rights nor protects all rights of individual citizens. See Slaughter-
House Cases, 83 U.S. (16 Wall.) 36, 21 L. Ed. 394 (1873). Instead, this provision protects only those rights
19 peculiar to being a citizen of the federal government; it does not protect those rights which relate to state
citizenship. Id. Accordingly, it is not necessary that plaintiffs have non-resident status in order to bring a claim
20 under the privileges and immunities clause of the Fourteenth Amendment. As discussed below in section E(a),
however, plaintiffs have failed to state a claim under the privileges and immunities clause of the Fourteenth
21 Amendment.”
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28 U.S. Code § 3002 - Definitions (15) “United States” means—(A) a Federal corporation; (B) an
23 agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United
States.
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25 28 U.S. Code § 3002 - Definitions (10) “Person” includes a natural person (including an
individual Indian), a corporation, a partnership, an unincorporated association, a trust, or an estate, or any other
public or private entity, including a State or local government or an Indian tribe.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 7
1 5. It is a fact the undersigned respondent is not domiciled within the State16 and
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thereby he is not a federal citizen or federal employee bound under the
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4 statutes and codes for the federal government of the United States17 and its
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federal citizens and employees. This fact requires that this court or tribunal
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must object to this fact and it must respond with a written rebuttal that fully
11 federal statutes and codes while a nonresident domiciled outside the federal
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jurisdiction of Washington D.C..
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6. Failure to respond to the facts presented in this notice of motion will result
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16 in a default judgment cf. federal rule 55 and this default judgment shall stand
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as truth this court or tribunal lacks personal jurisdiction to order the
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undersigned respondent to appear and thereby must discharge matter and
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22
42 USC Section 1301 “State” means any of the several States, the District of Columbia, the
23 Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the
United States.
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25 28 U.S. Code § 3002 - Definitions (15) “United States” means—(A) a Federal corporation; (B) an
agency, department, commission, board, or other entity of the United States; or (C) an instrumentality of the United
States.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 8
1 7. It is a fact the undersigned respondent is not a debtor18 and demands from
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the court to provide proof to support its claim the respondent is a debtor or
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4 the court or tribunal must discharge this matter immediately. The petitioner
5 must provide evidence to rebut this fact or the fact stands as a rebutted fact
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and thereby this is matter must be discharged immediately without terms by
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8 this court.
12 object to this fact it must respond with a written rebuttal or this court or
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tribunal will default and this fact shall stand as truth this court or tribunal
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lacks personal jurisdiction to order the undersigned respondent to appear and
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9. It is a fact the respondent is a state citizen and a living man and thereby free
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21 from legal process20. For this court or tribunal to object to this fact it must
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23 28 U.S. Code § 3002 - Definitions (4) “Debtor” means a person who is liable for a debt or against
whom there is a claim for a debt.
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25 42 U.S. Code § 1301. Definitions (a) (3) The term “person” means an individual, a trust or estate,
a partnership, or a corporation.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 9
1 respond with a written rebuttal or this court or tribunal will default and this
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fact shall stand as truth this court or tribunal lacks personal jurisdiction to
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10. It is a fact the respondent is not a non-resident21 and thereby cannot be
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13 or this court or tribunal will default and this fact shall stand as truth this
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court or tribunal lacks personal jurisdiction to order the undersigned
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17 Legal process (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
18 jurisdiction in any State, territory, or possession of the United States; (ii)a court or an administrative agency of
competent jurisdiction in any foreign country with which the United States has entered into an agreement which
19 requires the United States to honor the process; or (iii)an authorized official pursuant to an order of such a court or
an administrative agency of competent jurisdiction or pursuant to State or local law; and (B)which is directed to, and
20 the purpose of which is to compel, a governmental entity which holds moneys which are otherwise payable to an
individual to make a payment from the moneys to another party in order to satisfy a legal obligation of the
21 individual to provide child support or make alimony payments.
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17 CFR § 240.15Ba1-1 Definitions (j)Non-resident means:(1) In the case of an individual, one
24 who resides in or has his principal office and place of business in any place not subject to the jurisdiction of the
United States; (2) In the case of a corporation, one incorporated in or having its principal office and place of
25 business in any place not subject to the jurisdiction of the United States; or (3) In the case of a partnership or other
unincorporated organization or association, one having its principal office and place of business in any place not
subject to the jurisdiction of the United States.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 10
1 respondent to appear and thereby must discharge matter and cease and desist
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sending communications.
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11. It is a fact the respondent is not a non-resident and thereby this court or
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9 or this court or tribunal will default and this fact shall stand as truth this
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court or tribunal lacks personal jurisdiction to order the undersigned
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respondent to appear and thereby must discharge matter and cease and desist
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13 sending communications.
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12. It is a fact the respondent a state citizen and living man and thereby not
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Uniform Interstate Family Support Act. For this court or tribunal to object to
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this fact it must respond with a written rebuttal or this court or tribunal will
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20 default and this fact shall stand as truth this court or tribunal lacks personal
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jurisdiction to order the undersigned respondent to appear and thereby must
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 11
1 13. It is a fact the respondent is not a non-resident and thereby not under the
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personal jurisdiction of any court or tribunal enforcing the State statute
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4 Uniform Interstate Family Support Act. For this court or tribunal to object to
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this fact it must respond with a written rebuttal or this court or tribunal will
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default and this fact shall stand as truth this court or tribunal lacks personal
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14. It is a fact the Respondent is not under the personal jurisdiction of this court
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13 or tribunal. For this court or tribunal to object to this fact it must respond
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with a written rebuttal or this court or tribunal will default and this fact shall
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16 stand as truth this court or tribunal lacks personal jurisdiction to order the
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undersigned respondent to appear and thereby must discharge matter and
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cease and desist sending communications.
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15. It is a fact this court or tribunal is not within the geographical location of the
22 definition of “State22”. For this court or tribunal to object to this fact it must
23 22
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28 USC Section 3002(14)“State” means any of the several States, the District of Columbia, the
25 Commonwealth of Puerto Rico, the Commonwealth of the Northern Marianas, or any territory or possession of the
United States.
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 12
1 respond with a written rebuttal or this court or tribunal will default and this
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fact shall stand as truth this court or tribunal lacks personal jurisdiction to
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16. It is a fact, before a court can exercise power over a party, the U.S.
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9 Constitution requires that the party has certain minimum contacts with the
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forum in which the court sits23. For this court or tribunal to object to this fact
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it must respond with a written rebuttal or this court or tribunal will default
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13 and this fact shall stand as truth this court or tribunal lacks personal
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jurisdiction to order the undersigned respondent to appear and thereby must
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this court is prohibited from profiling a man asserting his sovereignty as a
22 people. For this court or tribunal to object to this fact it must respond with a
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24 23
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“Historically the jurisdiction of courts to render judgment in personam is grounded on their de
facto power over the defendant's person.” International Shoe v Washington, 326 US 310 (1945)
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 13
1 written rebuttal or this court or tribunal will default and this fact shall stand
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as truth this court or tribunal lacks personal jurisdiction to order the
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THIS COURT OR TRIBUNAL WILL DEFAULT WITHOUT A
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13 APPEAR
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Dated this [day] of [Month], [year].
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Your Name
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NOTICE TO COURT UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT ARTICLE 2 SECTION
201(A)(2) THE RESPONDENT IS NOT SUBMITTING TO THE JURISDICTION OF THE STATE AND IS NOT
WAIVING THE RIGHT TO CONTEST - 14