Notice of Nonappearance Introduction
The following variation uses authority of Restatement of Law, cited immediately below the title. The American Law Institute produces the Restatement of Law series. Whatever ALI publishes is more or less "black letter law" for court procedure. Since the cite from Restatement of Law is the only significant change from earlier versions, I assume that it has some affect in the judicial and legal fraternity. The author of the document claims that it has worked in all five Oregon cases where it has been used.
Anyone wishing to adopt this approach a litigation defense should be advised that it is a nonstandard pleading. It does not follow any procedural format that I know of. It is a "use at your own risk" approach to litigation that may or may not produce favorable results.
Dan Meador (May 1, 2000)
IN THE CIRCUIT COURT OF THE STATE OF OREGON,
FIRST BAND OF FRAUD;
Now comes John Quency Citizen, as Myself in Proper Person, by special* and not general appearance, to return papers erroneously and fraudulently served relating to the above-styled case, the papers including a CLAIM AND NOTICE OF CLAIM and a letter claiming to be notice of service, from SORROW INVESTIGATIONS. Said letter was post-marked the 30th day of December in the year 1999 A.D., indicating an action issuing against unknown and unidentified legal fictions, JOHN Q. CITIZEN and JANE DOE.
Affidavit of Fact & Truth
My proper lawful Christian name is John Quency Citizen; I was born live to Richard and Clare Citizen on the 31st day of January in the year 1951 A.D., in the community of Stockton, California. I am a private Citizen of the Union state of Oregon.
I do not know who or what the legal fictions JOHN Q. CITIZEN" and JANE DOE are, nor do I serve in the capacity of a representative, trustee, administrator, fiscal agent, fiduciary, nor am I in any other capacity, responsible for the fictitious juristic entities JOHN Q. CITIZEN and/or JANE DOE.
Under penalty of the general laws of the Union state of Oregon, I attest that to the best of my current knowledge, understanding and belief, all matters of fact herein are accurate and true, so help me Almighty God.
AUTHORITY: Statute of Frauds; Paperwork Reduction
Act; Privacy Act; Fair Debt Collection Practices Act;
/s/_____________________________ date: January 28, 2000 A. D.
1. Original CLAIM AND NOTICE OF CLAIM, dated 24th day
of November 1999 and mailed with item #2.
I, John Quency Citizen, certify that on the date set out below, I am mailing by first class post, with sufficient postage paid to assure delivery, a true and correct copy of this Notice of Nonappearance and copies of attending attachments to agent of record for plaintiff:
/s/ _________________________ January __________, 2000 A.D.