In a legal system where everything is commercial, courts often attempt to railroad cases by ignoring properly filed affidavits, denying due process, and proceeding with hearings despite clear non-consent from the plaintiff. When four unrebutted affidavits stand as truth in commerce, yet the court pushes forward in bad faith, it exposes a blatant disregard for the law.
This article will show you how to enforce your rights, stop judicial fraud, and force the court to issue the correct judgment by utilizing powerful legal tools such as:
✅ Notice of Non-Consent to Hearing & Demand for Summary Judgment
✅ Notice of Judicial Fraud & Demand for Recusal
✅ Writ of Mandamus to Compel Judicial Compliance
✅ Notice of Estoppel & Demand for Dismissal
By asserting your position as the Secured Party, Executor, and Master Beneficiary, you ensure that all claims against you are lawfully settled, and any judicial misconduct is exposed and remedied.
1. File a “Notice of Non-Consent to Hearing” & Demand for Summary Judgment
Since your affidavits are unrebutted, they stand as truth in commerce and law (Maxims of Law). If the court proceeds, it is violating due process and the rules of evidence.
✅ File a Notice of Non-Consent stating:
- You do not consent to a hearing or further proceedings.
- The court has no authority to proceed when material facts are established and uncontested.
- The court is required to issue summary judgment in your favor under Rule 56 of the Federal Rules of Civil Procedure.
🔹 Cite UCC 3-505 (Evidence of Dishonor) – The unrebutted affidavits establish that the opposing party is in dishonor and default.
🔹 Cite Marbury v. Madison, 5 U.S. 137 (1803) – “A law repugnant to the Constitution is void.” The court is acting outside the law and its decisions are void.
2. File a “Notice of Judicial Fraud” & Demand for Recusal
🚨 If the judge is ignoring your filings and pushing the case forward, they are violating due process and engaged in misconduct.
✅ File a Judicial Notice of Fraud & Demand for Recusal, stating:
- The judge is ignoring the record and acting in bad faith.
- Any further action without addressing the unrebutted affidavits is a violation of due process and judicial oath.
- The judge must step down (recusal) or issue a ruling in your favor.
🔹 Cite 28 U.S.C. § 455 – Federal judges must recuse themselves if they have bias or a conflict of interest.
🔹 Cite 18 U.S.C. § 242 – Deprivation of rights under color of law (criminal offense if the judge continues ignoring your filings).
3. File a “Writ of Mandamus” to Force the Court to Follow the Law
🚨 If the judge refuses to issue summary judgment and is proceeding unlawfully, file a Writ of Mandamus to force the court to act and follow the law.
✅ Demand the higher court intervene, stating:
- The lower court has a ministerial duty to issue judgment based on the unrebutted affidavits.
- Proceeding without jurisdiction and ignoring due process is judicial fraud and obstruction of justice.
🔹 Cite 28 U.S.C. § 1361 – A Writ of Mandamus compels a court or officer to perform a duty owed to the petitioner.
🔹 Cite 42 U.S.C. § 1983 – The court is violating your civil rights by depriving you of due process and equal protection.
4. File a “Notice of Estoppel & Final Demand for Dismissal”
🚨 If the opposing party failed to rebut your affidavits, they are barred from further argument under Res Judicata, Stare Decisis, and Collateral Estoppel.
✅ File a Notice of Estoppel, stating:
- The case is settled by administrative process (unrebutted affidavits).
- The opposing party cannot introduce new claims or arguments since they defaulted.
- Any further action is fraud, harassment, and an abuse of process.
🔹 Cite UCC 1-308 – You reserved your rights and cannot be compelled into a fraudulent process.
🔹 Cite UCC 3-505 – Since the opposing party did not respond, they are presumed in dishonor and cannot contest the matter.
5. Take It to the Higher Court: Appeal or Federal Lawsuit
🚨 If the lower court continues violating the law, you can escalate the case:
✅ File an Appeal – Demand review by the appellate court for due process violations.
✅ File a Federal Lawsuit – Sue for damages under 42 U.S.C. § 1983 (Civil Rights Violations).
✅ File a Complaint Against the Judge – Judicial misconduct can be reported under 28 U.S.C. § 351.
Final Action Plan: Enforce Your Position
📌 File the following immediately:
✅ Notice of Non-Consent to Hearing – Demand summary judgment.
✅ Notice of Judicial Fraud & Demand for Recusal – If judge ignores filings.
✅ Writ of Mandamus – To force the court to issue judgment.
✅ Notice of Estoppel & Final Demand for Dismissal – To shut down any further proceedings.
🔥 You are the Secured Party and Master Beneficiary – Demand Settlement and Closure! 🔥
Conclusion:
You are the Creditor, the Originator, and the Final Authority over all contracts involving your estate. When the court refuses to honor your filings and proceeds with a fraudulent hearing, it is time to take control and enforce your rights.
✅ Invoke U.C.C. § 1-308 to reserve your rights
✅ Use U.C.C. § 3-505 to establish dishonor
✅ Demand Settlement & Closure under U.C.C. § 3-603
✅ Stop all fraudulent court actions with a Writ of Mandamus
Do not let the system railroad you—assert your rights, demand enforcement, and force the court to follow the law!
