refusing to go quietly into that good night

undercover

The thread about refusing to act disfellowshipped at the hall got me to thinking about another scenerio:

What if the elders contacted an inactive JW to try to set up a Judicial Committee meeting, in essence to disfellowship the inactive one based on rumors, innuendo and circumstantial evidence and the JW refused to go along with the inquisition?

I've heard of people being DFd in absentia but technically that isn't supposed to happen. But let's say the elders inform you that you're being DFd and it will be announced soon. Would this counter-attack work: What if you threatened to sue the individual elders for slander and alienation of affection? Don't threaten to sue the WTS, that wouldn't scare them. The WTS has tons of laywers and tons of money. But if you threatened to sue each individual elder seperate from the church, could it make them think twice about making any announcements?

If they were to contact the legal dept. they'd find that the WTS isn't going to finance any defense fund for them. They'll be on their own because the WTS isn't named in the suit.

The suit could have merit because by the elders deciding to DF you and announcing that you've been DFd (or simply no longer a JW) and from the subsequent shunning that results in such an announcement, you've been alienated from your family, friends and possible workmates just because you simply decided to no longer follow the religion as they think you should. Remember, this is a DFing based on a JC meeting that didn't involve you and there is no evidence of any wrongdoing.

Even if the lawsuit was lost in court, it would cost these individual elders time and money (of course it would cost the suing party as well). But it might make other elders in the area a little more cautious in how they go about DFing inactive people, basically letting them alone instead of stirring up a hornets nest and provoking a lawsuit that could involve them personally.

Is this scenerio too far-fetched to think it wouldn't work?

blondie

Actually, they can DF you in abstentia if:

1) They try to contact you (in this area the elders send a registered letter 3 times) and the person does not respond.

2) They feel they have 2 clear witnesses to the offense.

Since all this is done behind closed doors and the rank and file are forbidden to ask questions, the elders can DF you in abstentia.

Blondie

undercover

Okie dokie...I stand corrected...they can DF you without you present.

But, if there aren't two witnesses and you haven't confessed, how do they go about doing it then? That's kinda where I'm going with this. If they DF you without witnesses and/or confession, then that's where I say you can go after them for the slander and alienation of affection. Yes? Maybe? In my dreams?

blondie

Of course, then you would have to get access to the files/paperwork and whatever they sent to Bethel saying you were df'd. That might be hard.

Blondie

Lady Liberty

Dear Undercover,

Actually my Dad told me that one time when he was out in service with the PO, they passed some ex-witnesses home that was decorated for Christmas. He told my Dad (who was still in at the time), "We'd disfellowship him if we thought we wouldn't get suied."

So.. based on that example, at least here, I feel if the elders think you may go after them individually, they may just leave you alone. Personally I think that may be why we have not gotten the axe yet. Our PO who is a different PO then the one above knows my husband well, and knows he has it in him to do it if push comes to shove. Who knows, what will go down though. I put a Christmas wreath on the grill of my car, "Frosty" is in the yard, and the entry potted trees on are beautifully wrapped in white lights. Making it quite obvious that we RE celbrating Christmas.

The usual gossip is traveling around as we knew it would, and we are being shunned by most as if we were D'Fd. Although I will say, there are still alot who will say hi and quickly look the other way. Which is fine with me.

Anyhow..I think it depends on how the elders look at you. Do they feel you have the guts and the means to go after them. If the answer is yes, then I think they maybe a little concerned of this possible threat.

Sincerely,

Lady Liberty

Bstndance

It worked for me. If you are familiar with my soap opera: after nine years of no problems, the elders tried to start crap and told my mom she would be disfellowshipped if she continued to talk with me. I was also informed that they wanted to talk to me to disfellowship me. So I wrote a letter to my mom to try to clear things up. I concluded the letter with some language that basically threatened individual action against the elders. (I found it here on this site.) My mom called me after her Sunday meeting to say I will not be disfellowshipped. She also said she could continue to talk to me and she was going to send a written response back to my letter but neither has happened yet. It's only been a week. We'll see what happens.

OnTheWayOut

But, if there aren't two witnesses and you haven't confessed, how do they go about doing it then?

I hear you. In any case, they are supposed to investigate an
alleged sin or act of disassociation (violation of JW doctrine) and only proceed with a JC when there is
substantial evidence or a confession. They probably proceed without those things often, because they feel
that a fader is guilty and hope for the confession or no-show. They might just want to get rid of you to show
the CO that there is one less inactive one in the publisher's records.

If you wrote the letter carefully that there was no evidence of wrongdoing on your part and you would sue the
slanderers that disfellowshipped you, they might actually decide to go back to the investigation stage and
cease the case. I think it would be successful in many instances.

If they DF, I would appeal and then repeat the letter writing if that were my chosen course. I think it would
be more fun to go the the JC and refute the evidence, though.

skyking

It worked for a friend of mine, he gambles openly lives with his girl friend and use to a servant MS he just stopped going when they went to get him he refused to go to their meetings. They called him he was to be DF'd in two days. He went to the homes of the Elders and told them personally they were going to sued if they went though with it. This friend of mine needed DF'd if you think like a JW. The Elders did not announce him and it has been almost a year now and they still have not made that announcement. He asked a friend that is an Elder, his friend said they called the Society and was told you boy's are on your own the Society will not financially help you boy's.

So the Elders blinked I guess not willing to rely on GOD.

refusing to go quietly into that good night

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