Defective affidavits, hearsay as evidence and no stated damages are but a few elements that rob the court of subject matter jurisdiction (at last count there are 22 elements that deprive the court of SMJ). Some of the elements are: denial of due process, denial of access to court, fraud upon the court, and fraud upon the court by the court.
(Although these pages are aimed primarily towards debt, credit card debt, the principals set forth herein apply to virtually all civil and criminal cases.)
Common pleas such as "open account" or "account stated" are often used in place of, and sometimes in conjunction with, breach of contract. To file under breach a contract would require that they bring in the signed contract, agreement, or note. They don't bring in a contract, they bring in the "terms of agreement" which has no signature or persons name on it, a template that could apply to anyone.
These are just some of the tools used by debt collectors (credit card debt collectors in particular) and their counsel to perpetrate a fraud upon the court, with or without the courts cooperation or complicity.
At the same time, courts, almost as a rule, openly display a bitter and venomous hatred of pro se / pro per litigants. So don't expect the courts to just roll over and give you what you demand without a battle. It doesn't matter to them that you are right, it matters only that you are pro se; an inferior, low life being, and the courts have a position and the income of their brotherhood to protect.
These are the four secrets:
1. Courts of general, limited, or inferior jurisdiction have no inherent judicial power.*
- Courts of general, limited, or inferior jurisdiction get their jurisdiction from one source and one source only: SUFFICIENT PLEADINGS.
- Someone before the court must tell the court what its jurisdiction is.
- Without pleadings sufficient to empower the court to act, that court cannot have judicial capacity.
- No judge has the power to determine whether he has jurisdiction. He does have the duty to tell when he does not.
2. We have a common law system.
- No statute, no rule, or no law means what it says as it is written.
- Only the holding tells you what it means.
- The statute means what the highest court of competent jurisdiction has ruled and determined that the statute means in their most recent ruling.
3. Attorneys CANNOT testify.
- Statements of counsel in brief or in argument are never facts before the court.
4. Before any determination, there must be a court of complete or competent jurisdiction.
- There must be two parties with capacity to be there.
- There must be subject matter jurisdiction.
- Appearance or testimony of a competent fact witness.
*"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." U.S. Const. art. III, § 1, cl. 1.