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Monday, August 15, 2005
Posted
2:16 AM
by Creditwrench
An attorney must file an appearance in PAI might have error in judgment, but I did think it through. I really don't know about corporate law and trusts would fall into the realm of corporations, LLCs and the like. Whether or not you did the trust the right way is something I have no idea about but I do know that many such trusts are bogus and based on scam ideas. If you did a family or other type trust you would most likely have hired an attorney to do it for you or you would have at least registered the trust with some state or other. Maybe you used one of those offshore trusts. I don't know. If your trust was not done properly or was some kind of offshore trust the IRS will not normally recognize those. Neither will the courts. But your trust, unincorporated or otherwise is a non-natural person and in most cases non-natural persons cannot represente themselves in court but rather must be represented by an attorney. In your situation why would you claim that you were before the court as a trust of any kind? The only way you would do that is if the trust were being sued or had filed suit against someone else. The trust is supposed to be a hidey hole so unless the trust were directly summmoned for some reason you would not even want to mention that it existed. If the trust was not summoned it would have no reason to be before the court at all since it would not be a party to the case. So whether or not you did the right thing would depend on who was being sued. If the trust were being sued and you wanted to save money by representing the trust in court then you would have to apply to the court to do so. If the trust were to be sued you could not represent the trust without the permission of the court. Only an attorney could do that and in some states he would have to inform the court by filing a notice of appearance and in other states the mere filing of a motion or an answer or whatever he files serves as his notice of appearance. That is something else that we need to know about. Does the attorney have a notice of appearance before the court or does he even need one in your state. If he needs one then check to see if he did in fact file one. If multiple attorneys from differing firms show up in a case does the newly introduced attorney work for the same firm as the first or has the plaintiff hired a new attorney or what? If a new attorney enters the case then did he do so correctly? All that is usually explained in your court\'s rules of procedure and in order to know those things and more you must be familiar with the rules of civil procedure and your rules of evidence. They will answer your questions most of the time. If you aren\'t familiar with them then be prepared to lose because you probably will. DeWayne Flint just posted about that in another forum. I posted what he had to say on the j-accuse blog. , "Gary D" wrote: > Bill - Thank you that was appreciated. > > I am here to learn, in 1999 I put everything into > trusts, that is why I need this case law. > > I do not want to have to hire a lawyer for small > things. > > Or are you saying I can not represent the trust ? > > Gary or an answer or whatever he files serves as his notice of appearance.
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