[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 1
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 2 is that he is factually a State Citizen 3 and
1 42 USC SECTION 666(5)(H) “default” (A) the term “default” means the failure of a borrower of a loan made
under the part to- (1) make an installment payment when due: or (2) comply with any other term of the promissory
note for such loan.
2 What is MERITORIOUS DEFENSE? One going to the merits, substance or essentials of the case, as
distinguished from dilatory or technical objections. Cooper v. Lumber Co. 01 Ark. 36, 31 S. W. 981.
https://thelawdictionary.org/meritorious-defense/
3 “One may be a citizen of a State and yet not a citizen of the United States. Thomasson v. State, 15 Ind. 449; Cory v.
Carter, 48 Ind. 327 (17 Am. R. 738); McCarthy v. Froelke, 63 Ind. 507; In Re Wehltz, 16 Wis. 443.”
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
hereby he cannot be subjected to legal process 4 inside a state court or administrative tribunal 5
without his consent.
The defendant has a meritorious claim 6 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 7 .
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
Mc Donel v. State, 90 Ind. Rep, 320 at pg. 323;
4 42 USC 659(1)(5) The term “legal process” means any writ, order, summons or other similar process in the
nature of garnishment- (A) which is issued by- (1) a court or an administrative agency of competent jurisdiction in
any State, or possession of the United States;
5 Tribunal The Court, administrative agency, or quasi-judicial agency authorized to establish or modify support
orders or to determine parentage. (Page 25) GLOSSARY OF COMMON CHILD SUPPORT TERMS Office of
Child Support Enforcement. https://www.acf.hhs.gov/sites/default/files/programs/css/child_support_glossary.pdf.
6 Meritorious claim
Definition of Meritorious claim. Share. Cite. Meritorious claim means that there is a basis in fact and law to
conclude that the standard of care has been breached and the petitioner has been injured thereby, such that the
petitioner has a reasonable expectation of prevailing at trial. https://thelawdictionary.org/meritorious-defense/
7 Ex. Ord. No. 12953. Actions Required of all Executive Agencies To Facilities Payment of Child Support
PART 2- DEFINITIONS Sec. 203. “Child Support enforcement” means any administrative or judicial action by
a court or administrative entity of a State necessary to establish paternity or establish a child support order, including
a medical support order, and any actions necessary to enforce a child support or medical support order. Child
Support actions may be brought under the civil or criminal laws of a State and are not limited to actions brought on
behalf of the State or individual b State agencies providing services under title IV-D of the Social Security Act, 42
U.S.C. 651 et seq.
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
provide proof that it has the required personal jurisdiction over his body to force his appearance
to participate in legal process 8 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 9 or
person 10 who may subjected to legal process, 11 quasi-judicial proceedings. 12
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.
8 42 USC 659(1)(5) The term “legal process” means any writ, order, summons, or other similar process in the nature
of garnishment- (A) which is issued by- (1) a court or an administrative agency or competent jurisdiction in any
State, territory, or possession of the United States;
9 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.
10 42 USC 1301(a)(3) The term “person” means an individual, a trust or estate, a partnership, or a corporation.
11 42 USC 659(1)(5) The term “legal process” means any writ, order, summons, or other similar process in the
nature of garnishment- (A) which is issued by- (1) a court or an administrative agency of competent.
12 Quasi-judicial Definition 1) A proceeding conducted by an administrative or executive official 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
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
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. 13 - 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 14 and court not lawfully yield an order of default. Thereby, in accordance with
13 Pennoyer v. Neff, 95 U.S. 714 32 (1878)
14 Pennoyer v. Neff, 95 U.S. 714, 732 (1878).
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
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) 15 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). 16 - 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
15 JURISDICTION PART 1. EXTENDED PERSONAL JURISDICTION SECTION 201. BASES FOR
JURISDICTION OVER NONRESIDENT. (a). In a proceeding to establish, or enforce, or modify a support order
or to determine parentage, a tribunal of this State may exercise personal jurisdiction over a nonresident individual[or
the individual’s guardian or conservator] if (1) the individual is personally served with [citation, summons, notice]
within this State.
16 “(4) Entering default orders upon a showing that process has been served on the defendant in accordance with
State law, that the defendant failed to respond to service in accordance with State procedures, and any additional
showing required by State law; and”
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
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) 17 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
17 Howlett v. Rose, 496 U.S. 356 (1990) (b) Under the Supremacy Clause, state courts have a concurrent duty to
enforce federal law according to their regular modes of procedure. See, e.g., Claflin v. Houseman, 93 U.S. 130, 93
U.S. 136-137. Such a court may not deny a federal right, whenthe parties and controversy are properly before it, in
the absence of a “valid excuse.” Douglas v. New York, N.H. & H.R. Co. 279 U.S. 377, 279 U.S. 387-389. An
excuse that is inconsistent with or violates federal law is not a valid excuse: the Supremacy Clause forbids state
courts to dissociate themselves from federal law because of disagreement with its content or a refusal to recognize
the superior authority of its source., See, e.g., Mondou v. New York, N.H. & H.R. Co. 223 U.S. 1, 223 U.S. 57.
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NOTICE OF MOTION OF MERITORIOUS DEFENSE REQUIRING RELIEF FROM AN
ORDER OF DEFAULT
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
