Maxims of Law are the self-evident truths, under principles which do not need to be proved again. They are neither "ours" nor "theirs". They are regarded as known and by reason, not rebutted. Hence they are the basis of the definitions of the law dictionaries. The foundation of all LAW.
If your going to court to explain, argue or discuss the issue you've already lost...the aim is to contract a settlement to your liking with your adversary before hand and then if one is dragged into such a proceeding, the aim is simply to hold onto said agreement with a position of honor not granting subject matter jurisdiction by your words or conduct.
Adam, you know it's basic stuff. I have several agreements set in place and have re-produced them when threatened with adjudication never to hear from the pirates again. I have never been called to court on any of them but my stance would be that outlined above. I state clearly in my agreements "Failure to disclose our agreement in any application to a court will constitute fraud"
I have done the same with Administrative process several times...
Ask the questions, create agreement through their acquiescence, stay in honour, let them dishonour, fault & default them & tell them that I am willing to swear an affidavit to the facts if they try to take it further...
They go veeeeeeeeery quiet when you have facts on your side :-)
YES YES YES Stuart Stone. The 3 step process 1) Notice of Request for Proof of Claim. 2) Notice of Fault and Opportunity to Cure. 3) Notice of Default . DONE AND DUSTED ! Works every time.
Depends how big the booty is that is being privateered...the bigger the booty, the bigger the effort/fight in general. I've had 3 done in this preferred manner and all 3 went to court, where if your diligent remedy is still aquired only under extreme colourable circumstances in general, which is totally fine as a win is a win, and understandable as the show must be up held so it can go on for those who desire it, and the majority do, because its initially easier for someone to do everything for you despite the cost of perpetual guardianship.
I had a bunch of threatening letters re court etc & I think (because I don't know for sure, so just surmising here) that because I have firsthand knowledge of the facts & I told them in my correspondence (after defaulting them), I was willing to swear an affidavit to said facts, THAT was the final nail that put them on the back foot.
I agree Blake Gardner, they want to uphold the facade, so as a consequence, they aren't to keen for facts to become part of the public record.
Or maybe the booty(ies) being privateered haven't been big enough for them to come out fighting for...
Nevertheless I like your affidavit addition and maxs failure to disclose clause, just be careful not to word them as threats, ie, this will happen..."may" is the operative word:/)
I have approximatly 2000 phone numbers in my brain, and I can associate all these numbers to the right person and/or company.....I will DELETE this info, and will memorize these 1600 Maxims :D