FORMCHECKBOX
Lack of jurisdiction over the
subject matter- DEFENDANT replies
only on SPECIAL APPEARANCE; and no
responses not marked specially
appearing are to be considered herein.
FORMCHECKBOX
Lack of jurisdiction over Defendant-
DEFENDANT replies only on SPECIAL
APPEARANCE; and no responses not marked
specially appearing are to be considered
herein.
FORMCHECKBOX
Improper venue or court- DEFENDANT
replies only on SPECIAL APPEARANCE;
and no responses not marked
specially appearing are to be considered
herein.
FORMCHECKBOX
Insufficiency of process
FORMCHECKBOX
Insufficiency of service of
process - The defendant has not been
personally served in the present action.
FORMCHECKBOX
Failure to state a claim upon
which relief can be granted
FORMCHECKBOX
Misnomer/misnaming of a party
2.
The complaint as written is
facially invalid, fatally defective,
and does not follow the proper rules
of pleading as defined per Civil Rule
65.3 Proceedings for Civil Contempt,
and therefore should be dismissed
for reasons below.
FORMCHECKBOX
The complaint does not per part C
(1) contain a complete verbatim statement
of the order or judgment alleged violated..
FORMCHECKBOX
The complaint does not per part C
(2) identify the court that issued
the complaint.
FORMCHECKBOX
The complaint does not per part C
(3) contain the case caption or docket
number of the case in which the order
was issued.
FORMCHECKBOX
The complaint does not per part C
(5) does not contain a proper prayer
for issuance of a summons.
FORMCHECKBOX
The complaint is not per part C (6)
verified or supported by affidavits
complying with the provisions of Rule
11 (e).
FORMCHECKBOX
The complaint summons violates part
(d), which requires the parties to
appear within 10 days after filing.
3.
FORMCHECKBOX
DEFENDANT contends the Court's judgment
was prejudiced and based in part on
fraud and misrepresentation (perjury)
by PLAINTIFF and her attorneys, and
is therefore void and should not be
enforced by any court. Specifically,
for the purposes of extorting more
property from DEFENDANT, the PLAINTIFF
and her attorney ignored the decrease
in his income, and that on _____________
day of ________________________, 200___,
the DEFENDANT filed a Motion for Temporary
Orders relative to a reduction in
his child support. The PLAINTIFF
refused to permit a reduction, and
no action was taken on the Motion.
4.
FORMCHECKBOX
The PLAINTIFF is barred from the relief
she seeks under the doctrine of unclean
hands. Specifically the facts and
circumstances alleged in the complaint
relate to her own improper behavior
where
FORMCHECKBOX
The PLAINTIFF refuses to financially
support the children directly.
FORMCHECKBOX
The PLAINTIFF refuses to recognize
the DEFENDANT’S true income.
FORMCHECKBOX
The PLAINTIFF is a third party.
DEFENDANT makes payments to the DOR.
DOR should bring the action, not PLAINTIFF.
5.
FORMCHECKBOX
The DEFENDANT has a legal
fundamental right to refuse to obey
a non-constitutional law notwithstanding
an order of the court. Specifically
DEFENDANT has a right to maintain
possession of his property. The claim
and exercise of a Constitutional right
may not be converted into a crime
Miller V United States 230 F. 486
at 489. This Constitution, and the
Laws of the United States which shall
be made in Pursuance thereof; …which
shall be made, under the Authority
of the United States, shall be the
supreme Law of the Land; and the Judges
in every State shall be bound thereby,
anything in the Constitution or Laws
of any state to the Contrary Notwithstanding
U.S. Constitution Article 6.
As long as a party who abridges another
party’s constitutional rights acts
pursuant to a statue or local law
which empowers him to commit the wrongful
act, an action under the Federal Civil
Rights statue is established, Laverne
V Corning 316 F. Supp 629.
Wherefore,
DEFENDANT prays for relief from the
Court,
that the Contempt Complaint be dismissed,
that the
DOR order and garnishment be waived
as he will support his children
directly, emotionally and financially
that he be awarded fees and costs
of defense and travel,
and for other such relief as may be
just.
COUNTERCLAIMS
Pursuant
to Civil Procedure Rule 13, the Defendant
files the following counterclaims.
Now comes DEFENDANT, who resides
at __________________________________________
______________________________, MA
and who is the spouse of ___________________________________
who resides at _____________________________________________,
MA.
COUNT 1. Filing of Malicious
and Frivolous Contempt Complaint
1.
On _____________________, 20____
PLAINTIFF filed a Complaint with Court
alleging DEFENDANT had violated an
Order by underpaying child support
and equity loan payments.
2.
The Defendant is filing
pursuant for relief on the basis of
MGLC 208 Sec. 38 or MGLC 231 Sec.
6(F) or case law that provides relief
from frivolous filings.
3.
PLAINTIFF complaint is frivolous,
insubstantial, and without merit or
basis, and clearly intended for sole
purpose of harassing the DEFENDANT;
thereby, forcing DEFENDANT to incur
great expense, effort, lost time,
and causing him to suffer severe emotional
distress.
Wherefore the DEFENDANT prays
this Court conduct a hearing to sanction
PLAINTIFF, and to enter a finding
that PLAINTIFF’s Contempt Complaint
is wholly insubstantial, frivolous,
not advanced in good faith, and to
award DEFENDANT his reasonable fees
and travel expenses, and lost wages
incurred in his defense of this frivolous
complaint.
COUNT
2. Abuse Of Process
DEFENDANT contends the PLAINTIFF and
PLAINTIFF’s attorney (if any there
be) have knowingly, willfully, and
maliciously filed a false complaint.
Such complaint is intended for the
purpose of harassing the DEFENDANT
and has no basis in fact or law.
Said filing has caused the DEFENDANT
to suffer severe damages to his reputation,
his job, his community standing, and
his economic well being.
Wherefore
DEFENDANT respectfully requests that
PLAINTIFF be required to appear before
this Court to show cause why said
PLAINTIFF should not be adjudged guilty
for abusing process,
and reimbursing DEFENDANT his reasonable
fees and travel expenses, and
lost wages incurred in his defense,
demand for a jury trial
and change of venue to Superior Court
and for other such relief as to said
Court may seem just.
COUNT 3. Abuse of Property
Rights
Since the filing of the ______ day
of ____________, 20_____ Motion, _______
weeks have passed. According
to the DEFENDANT’s Financial Statement,
his child support payments should
have been $________.00. As of
the date of the Trial, the parties
stipulated to a paper arrears of $_____________________.00.
The DEFENDANT has overpaid child support
in the amount of $______________________.
Said Order has damaged the DEFENDANT’s
liberty interest to the enjoyment
of his own property. The DEFENDANT’s
accounts have been liened, damaging
his reputation, his job, his community
standing, and his economic well being.
Wherefore
DEFENDANT respectfully requests that
PLAINTIFF be required to appear before
this Court to show cause why said
PLAINTIFF should not be adjudged guilty
for abusing DEFENDANT’s property rights,
and reimbursing DEFENDANT his reasonable
fees and travel expenses, and
lost wages incurred in his defense,
demand for a jury trial
and change of venue to Superior Court
and for other such relief as to said
Court may seem just.
COUNT 4. Abuse of Jurisdiction
The
jurisdiction of this court at the
time of the Massachusetts Constitution
was as a Common Law Court, not an
equity court. Rights of property
include at least:
·
Jury
Trial – Federal and state
·
Prohibitions
against unlawful takings – Federal
and State (as far back as the Massachusetts
Body of Liberties)
·
Cannot
be held in servitude over property
– Common Law
·
Right
of Reciprocals – Common Law
·
Equity
only in those things previously under
Equity venue – State law
Said
Order has damaged the DEFENDANT’s
liberty interest to the enjoyment
of his own property. The DEFENDANT’s
access to his property has been denied,
damaging his reputation, his job,
his community standing, and his economic
well-being.
Wherefore
DEFENDANT respectfully requests that
PLAINTIFF be required to appear before
this Court to show cause why said
PLAINTIFF should not be adjudged guilty
for abusing jurisdiction,
and reimbursing DEFENDANT his reasonable
fees and travel expenses, and
lost wages incurred in his defense,
demand for a jury trial and
change of venue to Superior Court
and for other such relief as to said
Court may seem just.
Name: ________________________________
Address: ____________________________________________
___________________________________________
Date:
____________________________________
RESPONSE
TO CONTEMPT COMPLAINT
AND
COUNTERCLAIMS
NOTICE
OF HEARING
This motion will be heard at the Probate
and Family Court in ________________,
Massachusetts on _____________
day of ________________________ 200____
.
CERTIFICATE
OF SERVICE
I
hereby certify that I have served
a copy of this document upon
party or attorney:
Name:
___________________________________
Street:
___________________________________
City,
State:
___________________________________
by mailing (postage paid) or
by hand on ______________________________.
______________________________
DEFENDANT
| 
