by the way. in real law
the claim is the case for/against you and the complaint is the reason/description of the case for/against you
claim vs complaint is not two different levels of court proceding
when a legal complaint is made its the evidence/reason/description of the claim. it does not mean there is no claim. it means a complaint is just the evidence/reason of a claim
so pretending their is no claim, shows that you have no clue how the court system works
for their to be a claim there needs to be a reason.
a complaint without a claim is simply you being a whiny kid. a complaint in court is the reason for the claim
you can formalise your complaint as more then just being a whiny kid, by making it into a formal case. but pretending that while in a case against you is not a case against you and just a complaint. is like saying your not in court that has been alloted a timeslot, organised getting a judge to sit it and invited everyone involved to turn up.. but just making a forum post whinging at someone
so while a claim against you is occuring. just being a whining kid is not going to help you. yes you should formalise your complaint by filing it as a counter-claim but that does not mean the auto destruction of their claim againt you simply by filing your own counter claim.
you wont win by default by making a counter claim. in your complaint of your counterclaim has to have merit. it has to have proof and actual reason.
just making a counter claim that you identify yourself as a pink helicopter or a transvestite dildo corporation wont help
and then you still have to deal with their claim against you containing their complaint
Well, well. To claim a complaint still makes it a complaint. The claim of a complaint totally silences the claim in favor of the complaint.
A claim made in complaint form doesn't have the strength of a claim directly made as a claim. You have them backward. Complain all day long about something. People around the world complain. But when you claim something, you are saying it is yours... or at least something of equal value. If you give good reason, and nobody stands against your reason, you win.
Hiding a claim under a complaint doesn't take away from the complaint. Whine all day long. You are not claiming anything when you do it in complaint form.
If you are going to claim something, why shroud it in complaint form? Claim it directly. If you simply claim your complaint, all you are doing is claiming that you are whining.
Making a claim as a man, requires in fairness that a man answer. If the claim is that the complainant will not take the oath and get on the stand, and if the claim is for a $million if the complainant doesn't, a complainant man has to get on the stand and rebut "viva voce" the claim. The State is the complainant, but is not able to rebut viva voce. The claimant wins.
The claim against me is not occurring. It was a complaint. It says so on the paperwork. Are you saying that the paperwork is faulty? Such falls into the realm of perjury.
I can't file a counter-claim. The complaint paperwork might be backed by a million claims. But it is still a complaint formally. No way to file a counter-claim.
Filing my claim into the case makes it my case until my claim has been rebutted. Rebuttal must be done by the State, since I have the right to face my accuser. If the LEO is my accuser, why isn't his name on the indictment rather than the State's name? Since it is not, he is not my accuser.
The State, my accuser, needs to take the oath/affirrmation, get on the stand, and tell/show tht damage that has been done to him, and prove that I did it. If the case is that I was going 20 mph over the speed limit, how did that hurt the state? Was the state injured... a broken arm, a cut, breach of a contract? Let my accuser, the State, get on the stand and tell the jury. Not the State's representative. The State, my accuser.
Suppose that the State has a power of attorney with someone in the State to be a speaker for the State. So he takes the oath/affirmation and gets on the stand. Does he have first-hand knowledge of any damage I did to the State? Did I bust up some concrete? Did I set a State forest on fire? Did he see it happen?
This is why, when a man/woman is involved, the State doesn't have a case. The only chance the State has is to get the man/woman to be the client of an attorney... thereby becoming a ward of the court. Or to get the so-called defendant to agree that he is the person on the indictment. If the State can't do this, they lose.