NOTICE OF MOTION OF MERITORIOUS DEFENSE

[ENTER NAME]

[ENTER ADDRESS]

 

[COURT NAME]

[ENTER PLAINTIFF’S NAME],

                                  Plaintiff

                   v.

[ENTER DEFENDANT’S NAME],

                               Defendants

 Case No.: 

NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN ORDER OF DEFAULT

 

NOTICE OF MOTION OF MERITORIOUS DEFENSE 

REQUIRING RELIEF FROM AN 

ORDER OF DEFAULT

 

Comes Now, [ENTER NAME] is requiring the court to vacate an order of default in accordance with the fact the court lacked personal jurisdiction and thereby lacked jurisdiction to issue a judgment of default or order of default. 

The alleged defendant’s meritorious defense is that he is factually a State Citizen and hereby he cannot be subjected to legal process inside a state court or administrative tribunalwithout his consent. 

The defendant has a meritorious claim that the court or tribunal never established personal jurisdiction over the undersigned alleged defendant and thereby when this information is presented to a jury of peers the undersigned will be exonerated and default judgment vacated. 

The alleged defendant was not personally served with a summons, notice to appear or subpoena requiring that he must appear to participate in State title IV-D Proceedings for Child Support Enforcement.

The alleged defendant’s meritorious defense to require the court to vacate the default judgment is that he is a living man with unalienable rights secured by the state constitution bill of rights and bill of rights within the constitution of the United States of America also referred to as the law of the land and any default judgment issued without consent and without waiver of right to trial by jury. 

The undersigned alleged defendant’s meritorious defense is he is required to submit to the jurisdiction of the state. It is a published fact under Uniform Interstate Family Support Act or UIFSA where is says the State requires consent under Article 2 Section 201(a)(1)(2) and thereby the undersigned has provided a published fact to prove he has merit to require this court to provide proof that it has the required personal jurisdiction over his body to force his appearance to participate in legal process for child support enforcement proceedings under 42 USC Section 651-669(b).

In accordance with Uniform Interstate Family Support Act the alleged defendant is required to file responsive document as a record the undersigned alleged Defendant is not waiving personal jurisdiction and thereby not submitting to the jurisdiction of the state. 

It is a fact the undersigned alleged defendant’s consent was and is required to submit to the jurisdiction of the state and thereby without evidence of the defendant’s signature on a loan he cannot be held in default as claimed by this court in the notice to appear. 

Thereby, as a state citizen national this state court or administrative tribunal is prohibited to deny due process by presuming the undersigned State Citizen National is a private person or person who may subjected to legal process,quasi-judicial proceedings.

This written response is proof the respondent is contesting that the state court or administrative tribunal’s does not have personal jurisdiction and thereby the respondent’s physical appearance is not required or this court of tribunal must rebut the facts presented or must immediately discharge this matter and cease and desist sending notices to appear. 

This response is proof the respondent did not submit to the jurisdiction of the court and thereby the respondent’s physical response is not required. 

THE FOLLOWING FACTS PROVES THE UNDERSIGNED MOVANT HAS A MERITORIOUS DEFENSE AND THEREBY THIS COURT MUST PROVIDE RELIEF FROM AN ORDER OF DEFAULT TO COMPLY WITH DUE PROCESS

  • It is a fact the undersigned respondent has a meritorious defense that he must knowingly submit to the jurisdiction of the state and knowing consent by making a general appearance without waiver of consent under State Uniform Interstate Family Support Act Article 2 Section 201(a)(1)(2) and thereby this court must provide relief from an order of default. 
  • The undersigned has a meritorious defense against being forced to appear in court by misrepresentation, deceit and trickery and thereby an order of default was not authorized because the undersigned was never ordered to appear. 
  • It is a fact this court or administrative tribunal must provide relief from an order of default for the undersigned has meritorious defense against a court or administrative tribunal lacked personal jurisdiction over the undersigned respondent and was not authorized to enter an order of default. 
  • It is a fact the undersigned has meritorious defense of being protected from unreasonable search and seizure under the Fourth Amendment and the order of default is not consistent with a warrant coming from a court of proper jurisdiction. Any judgment by a court lacking jurisdiction is void for violation of due process. 
  • Take judicial and administrative notice of an adjudicated fact. Pennoyer v. Neff, 95 U.S. 714, 732 (1878) held that a court without personal jurisdiction is a violation of due process and court not lawfully yield an order of default. Thereby, in accordance with adjudicated fact Pennoyer v. Neff, 95 U.S. 714, 732 (1878) this court or administrative tribunal must sanction relief by vacating the order of default entered by a court lacking personal jurisdiction is a violation of due process. 
  • It is a fact this court or administrative tribunal must vacate an order of default for it lacks personal jurisdiction over the undersigned respondent for the undersigned respondent was not personally served with a citation, summons, notice to appear and thereby the court or administrative tribunal lacked personal jurisdiction to issue a default judgment. 
  • It is a fact the undersigned has a meritorious defense against an order of default for this court or administrative tribunal lacked proof the undersigned was personally served with process to appear as required under the State Uniform Interstate Family Support Act article 2 section 201(a)(a)(1) requires that the undersigned respondent must be served personally with citation, summons, notice within this State and without proof of personal service this court or administrative tribunal had no grounds to issue a default order and must vacate default order.  
  • It is a fact this court or administrative tribunal must provide relief from an order of default for the order of default judgment was entered in violation of expedited processes 45 C.F.R. 303.101(d)(4).
  • It is a fact this court or administrative tribunal must provide relief from an order of default for the undersigned provide facts that proved he has a meritorious defense because the court lacked personal jurisdiction over the undersigned respondent to enter an order of default. 
  • The undersigned has meritorious defense against the court claiming federal laws are not enforceable in state courts. The undersigned is requiring this court to take judicial notice under federal rules of evidence 201(c)(2) of an adjudicated fact. Howlett v. Rose, 496 U.S. 356 (1990)that state courts may not deny a federal right and have a legal duty under the Supremacy Clause Article 6 Section 2 of the Constitution for the United States of America to enforce federal laws and may not deny a federal right to due process.

 

THIS COURT OR ADMINSTRATIVE TRIBUNAL IS PROHIBITED FROM DISMIING THIS NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN ORDER OF DEFAULT

Dismissal of this notice of motion by this court is prohibited, until the court provides full clarification of evidence coming from the court showing the undersigned movant lacks meritorious defenses. 

 

Dated this [day] of [month]. [year].

 

_______________________________

TYPE Your Name and Sign on the line 

 

CERTIFICATE OF SERVICE

I hereby certify that on [ENTER DATE], copies of the foregoing document have been sent to the Plaintiff in the following address:

 

[Enter Plaintiff’s address]

 

Dated this [day] of [month]. [year].

 

_______________________________

TYPE Your Name and Sign on the line

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