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  #1  
Old 10-26-2009, 06:11 PM
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ADA 14th amendment


I live in illinois. My vehicle (owned by me) was illegally removed from my driveway. 5 weeks ago, while I was out of town. I recieved no notice or complaint on said vehicle. They just took it. I had to pay to get it back. To this day I still have not recieved any due process. Now he town is trying to further thier gross neglect of my right to due process by condemning my home and and destroying it. They have threatened to bulldoze my home, while I was away. I am here now, temporarily, living under duress, thinking they are going to destroy my home and all of my possesions in it. I must leave again in a few weeks on family business in new hampshire. I need help to protect my civil right to due process as well as my right to keep my bought and paid for property. Please help a handicapped person on disability.

Last edited by sir2th; 10-26-2009 at 06:13 PM.
  #2  
Old 10-26-2009, 06:38 PM
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Quote:
Originally Posted by sir2th View Post
I live in illinois. My vehicle (owned by me) was illegally removed from my driveway. 5 weeks ago, while I was out of town. I recieved no notice or complaint on said vehicle. They just took it. I had to pay to get it back. To this day I still have not recieved any due process. Now he town is trying to further thier gross neglect of my right to due process by condemning my home and and destroying it. They have threatened to bulldoze my home, while I was away. I am here now, temporarily, living under duress, thinking they are going to destroy my home and all of my possesions in it. I must leave again in a few weeks on family business in new hampshire. I need help to protect my civil right to due process as well as my right to keep my bought and paid for property. Please help a handicapped person on disability.
I would venture that your idea of "due process" isn't quite aligned with the legal reality. You need an attorney - anonymous strangers on a legal advice board won't be able to help you.
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  #3  
Old 10-26-2009, 07:36 PM
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Quote:
Originally Posted by sir2th View Post
I live in illinois. My vehicle (owned by me) was illegally removed from my driveway. 5 weeks ago, while I was out of town. I recieved no notice or complaint on said vehicle. They just took it. I had to pay to get it back. To this day I still have not recieved any due process. Now he town is trying to further thier gross neglect of my right to due process by condemning my home and and destroying it. They have threatened to bulldoze my home, while I was away. I am here now, temporarily, living under duress, thinking they are going to destroy my home and all of my possesions in it. I must leave again in a few weeks on family business in new hampshire. I need help to protect my civil right to due process as well as my right to keep my bought and paid for property. Please help a handicapped person on disability.
**A: there is more to this story. Why was your vehicle removed?
Why are they threatening to bulldoze your home?
So many questions, so little answers.
  #4  
Old 10-27-2009, 01:11 PM
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What does a a handicapped person on disability have to do with it?

What does the ADA 14th amendment have to do with it?
  #5  
Old 10-27-2009, 05:46 PM
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answers to your questions


the reason the vehicle was removed is unknown. due to the fact I have not recieved paper work to support the removing of it.
The house being bulldozed is so far just a threat. Again no paper work to support thier claim.
If you knew your 14th amendments rights you wouldn't ask what it has to do with it. The right to due process as in having my day in court to protect my property.
I am the handicapped person on disability.
I agree with Zigner. I need an attorney. But I am crazy, not stupid and I can read.
Rights considered fundamental
The rights that are considered fundamental, are the rights that are essential to freedom. The basic rights to free speech and protection of self and property, are to be considered unalienable by any person or government. This means people are given these rights not from government, but from nature. As such government can not infringe upon one's fundamental rights without enslaving those they wish to control.
[edit] Procedural due process
In the United States, criminal prosecutions and civil cases are generally governed by explicit guarantees of procedural rights under the Bill of Rights. Most of these rights have been incorporated under the Fourteenth Amendment to the States. Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result.

This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. In criminal cases, many of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution, which guarantees reliable procedures that protect innocent people from being executed, which would be tantamount to cruel and unusual punishment
At a basic level, procedural due process is essentially based on the concept of "fundamental fairness." For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental".[26] As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial in regards to the matter before them.
Or, to put it more simply, where an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.
  #6  
Old 10-27-2009, 05:50 PM
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A wise guy once said:
I would venture that your idea of "due process" isn't quite aligned with the legal reality.



Quote:
Originally Posted by sir2th View Post
the reason the vehicle was removed is unknown. due to the fact I have not recieved paper work to support the removing of it.
The house being bulldozed is so far just a threat. Again no paper work to support thier claim.
If you knew your 14th amendments rights you wouldn't ask what it has to do with it. The right to due process as in having my day in court to protect my property.
I am the handicapped person on disability.
I agree with Zigner. I need an attorney. But I am crazy, not stupid and I can read.
Rights considered fundamental
The rights that are considered fundamental, are the rights that are essential to freedom. The basic rights to free speech and protection of self and property, are to be considered unalienable by any person or government. This means people are given these rights not from government, but from nature. As such government can not infringe upon one's fundamental rights without enslaving those they wish to control.
[edit] Procedural due process
In the United States, criminal prosecutions and civil cases are generally governed by explicit guarantees of procedural rights under the Bill of Rights. Most of these rights have been incorporated under the Fourteenth Amendment to the States. Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result.

This protection extends to all government proceedings that can result in an individual's deprivation, whether civil or criminal in nature, from parole violation hearings to administrative hearings regarding government benefits and entitlements to full-blown criminal trials. In criminal cases, many of these due process protections overlap with procedural protections provided by the Eighth Amendment to the United States Constitution, which guarantees reliable procedures that protect innocent people from being executed, which would be tantamount to cruel and unusual punishment
At a basic level, procedural due process is essentially based on the concept of "fundamental fairness." For example, in 1934, the United States Supreme Court held that due process is violated "if a practice or rule offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental".[26] As construed by the courts, it includes an individual's right to be adequately notified of charges or proceedings, the opportunity to be heard at these proceedings, and that the person or panel making the final decision over the proceedings be impartial in regards to the matter before them.
Or, to put it more simply, where an individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #7  
Old 10-27-2009, 06:34 PM
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Join Date: Feb 2005
Posts: 3,359
Well so far you have not indicated WHY anyone took your car or why you had to pay it back.

Quote:
The house being bulldozed is so far just a threat.
And who is making these threats? Have they said why they want to bulldoze your house.

Quote:
I am the handicapped person on disability.
Quote:
But I am crazy, not stupid and I can read.
From your comment that you need a lawyer, I assume that you do not have one and are having touble finding one. I would suggest that you try to contact legal aid in your area. If they cannot help you, they should at least be able to point you to the proper county agency to discuss your problems with.

[url=http://www.illinoislegalaid.org/]Illinois Legal Aid | Helping Illinois Residents Solve their Legal Problems[/url]
  #8  
Old 10-28-2009, 02:48 AM
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Posts: 3
Quote:
Originally Posted by Some Random Guy View Post
Well so far you have not indicated WHY anyone took your car or why you had to pay it back.



And who is making these threats? Have they said why they want to bulldoze your house.




From your comment that you need a lawyer, I assume that you do not have one and are having touble finding one. I would suggest that you try to contact legal aid in your area. If they cannot help you, they should at least be able to point you to the proper county agency to discuss your problems with.

[url=http://www.illinoislegalaid.org/]Illinois Legal Aid | Helping Illinois Residents Solve their Legal Problems[/url]
Well today, I got a certified letter at my address in new hampshire from the town here in illinois. I am guessing that it is pertaining to my house being condemned. I am having it forwarded to me here to be able to read it. Also will go to the town to see if they will just give me a copy of it.
Thank You for the link.
  #9  
Old 10-28-2009, 03:42 AM
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Posts: 648
I'll bet that the address on the car registration is in New Hampshire as well? That would explain why there appeared to be no notice received by OP when the car was towed.

Still waiting to find out WHY car was towed. No registration? Parked illegally? Junk or unsafe vehicle? That would be just a few possibilities for why it would have been towed from his property. Either that, or it was repo'd.

When you retrieved the vehicle from the tow yard, what did they say you needed to provide in order to retrieve the car? Drivers license, current Illinois registration, proof of insurance)? What fees did you need to pay for (towing, storage, and ??) Did they tow it because it did not have a current Illinois registration?
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  #10  
Old 10-28-2009, 08:45 AM
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Quote:
Originally Posted by sir2th View Post
If you knew your 14th amendments rights you wouldn't ask what it has to do with it. The right to due process as in having my day in court to protect my property.
Are you changing your story or can't read. You ask ADA 14th amendment Do you have "special" rights under the 14th because you are handicapped or is this just a ploy for sympathy?

Quote:
I am the handicapped person on disability.
So like I said ... What does a a handicapped person on disability have to do with it? Are you looking for sympathy or do you think you are entitled to "special" rights not given to everyone?


Quote:
But I am crazy, not stupid and I can read.
Debatable ... municipalities do not arbitrarily tow vehicles out of driveways or bulldoze down houses although they may be willing to make an exception for you.
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