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Title: Ok Who Is a Lawyer...I need to sue the government for saying I am a militia member and harrassment
Source: [None]
URL Source: [None]
Published: Jan 8, 2010
Author: A K A
Post Date: 2010-01-08 18:55:17 by A K A Stone
Keywords: None
Views: 1061
Comments: 62

Ok this has been going on for years. Someone in the city put my name in a database saying I am a militia member. Well I am not and never have been. This has caused me some problems. They also have it in their database that my wife is militia. Well I have seen the govt flyers that say militia is terrorists. So basically they are saying I am a terrorist. I am looking to sue the city for this defamation and slander. It has also caused the police to harrass me and not file charges in cases that I wished to persue. The prosecutor in a case I am involved in has even told my attorney that I am a militia member. I am serious about this. So if there are any attorneys out there. Please contact me privately and we can talk about this. Looking for suggestions.

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Begin Trace Mode for Comment # 57.

#7. To: A K A Stone (#0)

Dear A K A Stone,

P.H. dropped his middle initial name as a part of a "larger stratagem" of repatriating (from U.S. citizen as per the purported 14th to a Citizen of a State). This was done first by "common usage", then formally with a Notice of Name Change at the County Court (no judge required). See below for particulars & case law references. This simple "change" may save you and family the cost & grief of a law suit (there are few winners in court.. and the overwhelming majority of all controversies are settled before trial).

Regarding your claim of being damaged by Government Officials by being tagged with the moniker of Militia Member; For any suit for liable or slander, the Plaintiff must first establish that an irreparable harm or damage to reputation was done and by "whom" first and then when & where. Specifically, how has this tag harmed your reputation? And lastly, what amount are you seeking by schedule?

In my state, every able bodied man between the 18 & 45 are considered "part of the militia". This being said, I'm not sure how this moniker could have harmed your good reputation.

Warm Regards,

P.H.

_______________________________________________ The common law usage method of name change

A common law name (i.e. one assumed for a non-fraudulent purpose) is a legal name (e.g. State v. Ford, 172 P. 802; Bonnie Lee Daniels, 337 A.2d 49; Elizabeth Marie Hauptly 312 N.E.2d 857; Piotrowski v. Piotrowski, 247 N.W.2d 354; Thomas v. Thomas, 427 N.E.2d 1009; Klein v. Klein, 373 A.2d 86; Stuart v. Board of Elections, 295 A.2d 223); although it is not the person's true name (10 USC 1551, U.S. v. Cox, 593 F2d 46). A statutory method, while quick and definitive, only supplements the common law method (In Matter of Linda A. 480 NYS2d 996) unless the statute makes itself exclusive. Note that although a person may sue under a common law name (McKay, above), the Federal Rules of Civil Procedure (FRCP) have a higher standard and must use the 'real' information, allowing the case to be dismissed.[5]

Women often use an assumed name at marriage (In re Kruzel, 226 N.W.2d 458; Davis v. Roos, 326 So.2d 226), a custom which started by using the name of the person with the most land, which was usually the male, but as women lost their rights and became simply part of their husband's identity, it made sense for them to use their husband's name (In re Natale, 527 S.W.2d 402).

In California the usage method (changing it at will under common law) is sufficient to change one's name. Although it is federal law to allow this, it is not followed in all states.[citation needed] Some jurisdictions require that the new name be used exclusively (e.g., 22 CFR 51.24 for obtaining a passport), while others have no such requirement (e.g., Kreuter v US 201 F2d 33 (true name need not be abandoned), FL Statute 322.22 (driver's licenses in two names), Loser v. Plainfield, 128 N.W. 1101 (Iowa), Ludwinska v John Hancock 317 Pa 577 (may be used for just one nonfraudulent transaction). Any fraudulent use or intent, such as changing one's name to the same name as another person's name, may invalidate this type of name change.

Specifically in California, Code of Civil Procedure § 1279.5 and Family Code § 2082 regulate common law and court decreed name changes. Code of Civil Procedure § 1279.5 (a) reads, “Except as provided in subdivision (b), (c), (d), or (e), nothing in this title shall be construed to abrogate the common law right of any person to change his or her name.” Subdivisions b through e preclude one from changing their name by common law if they are in state prison, on probation, on parole, or been a convicted sex offender. If a person is not in any of these categories, then a common law name change is allowed. Family Code § 2082 also specifically states, “Nothing in this code shall be construed to abrogate the common law right of any person to change one's name.” [edit] Officially registering a name change

A legal name change is merely the first step in the name-change process. One must officially register one's new name with the appropriate authorities whether the change was made as a result of a court order, marriage, divorce, adoption, or any of the other methods described above. The process includes notifying various government agencies, each of which may require legal proof of the name change and which may or may not charge a fee. Important government agencies to be notified include the social security office[6], Passport Office, Post Office, and one's local department of motor vehicles for a new driver's license. Additionally the new name must be registered with other institutions such as one’s employer, bank, doctor, mortgage, insurance and credit card companies. Online services are available to assist in this process either through direct legal assistance or automated form processing.

Although state requirements differ, it is generally recommended to first register a new name with the social security office as some states’ motor-vehicle departments require updated social security cards to make changes; Arizona is one of these states.[7]

Time can be of the essence. Most states require name changes to be registered with their departments of motor vehicles (DMVs) within a certain time frame. For example, South Carolina[8], and Wyoming[9] require a name change be registered with their office in a mere ten days. States like Illinois[10] and Texas[11] require it be registered within 30 days, while North Carolina provides its residents up to 60 days.[12] New York State requires visiting a local motor vehicle office to change one's name on all records and documents, but without definite deadline to do so.[13] The fees for registering a new name vary from state to state. The forms, along with the state-specific requirements, can generally be obtained for free.

PatrickHenry  posted on  2010-01-08   20:20:55 ET  Reply   Untrace   Trace   Private Reply  

A-wop-bop-a-loo-lop a-lop bam boo

Dakmar  posted on  2010-01-08   20:31:02 ET  Reply   Untrace   Trace   Private Reply  

Hi Dragmire,

Thank you for your most insightful commentary.

Please feel free to give yourself a cookie (pat on the head or scratch behind the ear..lol).

Yours in Observing Brevity as the Essence of Humor,

P.H.

PatrickHenry  posted on  2010-01-09   10:00:28 ET  Reply   Untrace   Trace   Private Reply  

That's a hell of a way to treat someone who was agreeing with you. Would bttt have made more sense?

Dakmar  posted on  2010-01-09   20:05:50 ET  Reply   Untrace   Trace   Private Reply  

Please accept my apologies as I was unnecessarily rash in my response.

I will not make this same mistake again.

Warm Regards,

Patrick

PatrickHenry  posted on  2010-01-10   11:37:05 ET  Reply   Untrace   Trace   Private Reply  

Please accept my apologies as I was unnecessarily rash in my response.

It's cool, I know I'm an idiot but I try to make posting here a more enjoyable experience for everyone.

Dakmar  posted on  2010-01-11   19:10:10 ET  Reply   Untrace   Trace   Private Reply  

#61. To: Dakmar (#57)

It's cool, I know I'm an idiot but I try to make posting here a more enjoyable experience for everyone.

and you do! ;)

christine  posted on  2010-01-13 13:25:02 ET  Reply   Untrace   Trace   Private Reply  

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