The standing rules of Common Law
- A party may not always have a right to a claim.
- A party always has a right to a counter claim.
- A counter claim in Admiralty must be answered, cannot be dismissed by a judge (unless you give permission).
- A party must have legal standing to bring a claim.
- A party must be damaged in order to have standing to bring a claim.
- A bank cannot risk its assets or the assets of its stockholders or depositors to make a loan.
- If a bank cannot risk, it cannot be a damaged party and cannot have legal standing to bring a claim.
- A claim must be proven if a debtor demands proof.
- A debtor may demand the original wet ink signature note as proof of claim.
The claimant must provide the original note as proof of claim if it is demanded.
- A trustee in Bankruptcy is required to bond a case for the total amount of the debt plus court costs and Attorney fees.
- If a trustee in a Bankruptcy case is not properly bonded, the clerk of the court is responsible to cover the balance of the case with their bond.
- If an officer of the court causes dishonor, their bond must be forfeited to cure their dishonor.
- Any officer of the court who forfeits their bond loses their job.