Tuesday, February 19, 2013

The Notice I Sent The Court In Regards To A Traffic Ticket

Your name: spell it out in proper English with no abbreviations
Mailing address: spell it out in proper English with no abbreviations and enclose your zip in parentheses [90501]
 Your phone # and email



Dear Superior Court Southwest District, Clerk, Judge, any and all parties, and persons expressing interest in their official bonded capacities as agents of the court in regards to Citation # TXXXXXX.

The main purpose for this notice is to inform you of my acceptance of your claim, and to provide you with a request for information I need to lawfully bring this case to a close threw honorable pretrial discussion. I have traveled to the court on two separate occasions, and no record of citation # TXXXXXX can be found by the court clerk. Am I to assume that you no longer wish to contract with me on this matter?

You must respond within 10 days of receipt of this notice or you will forever create permanent estoppel by acquiescence to all points not refuted forever barring this matter from being raised again. I am attempting to fulfill the requirements of your notice in honor.

I accept your notice conditionally. I accept that you are trying to communicate with me something apparently of great importance. But I hereby discharge your notice by seeking clarification as to exactly what you are trying to tell me. It appears as though you are claiming I owe you money for some reason, however the amount is not specified anywhere on this notice I have received from you, nor is there an itemized statement of the charges and amounts of them. I assume you are claiming I owe you money. I understand that transactions of security interests require the consent of both parties, as do adjudication services thereto, and I do hereby deny said consent to engage in any transactions of security interests. The conditions by which I accept this notice of an alleged debt are simple. I request a signed original bill which was not duly presented, and a copy of the lawful 2 party contract that makes me liable to pay it. It is clear to me this is not a criminal matter as there is no allegations of a breech of the peace. I will assume that if the information requested, an original signed bill to be duly presented, and a copy of the lawful 2 party contract making me liable to pay, is not provided that it does not exist and that I am not liable for the charges. Let it also be known that I intend to ask questions should this matter go to a trial or a hearing. I intend to discover the validity or lack there of, of the cause of action against me. I do not see any evidence of testimony in this ticket that indicates there is a complaining party, there also does not appear to be any valid cause of action at all. I am aware of what a valid cause of action is and how many elements compose one, and I do not even see one of those elements alleged against me. At the arraignment hearing I intend to move to dismiss all charges for failing to state a claim upon which relief can be granted, as there is no actual injured party. I not only intend to question the officer about the validity of the cause of action, but also regarding the elements that compose it. I suggest it is in the best interests of all parties involved that these charges be withdrawn. As I stated I do not see any evidence or even allegation of a breech of the peace, standing, corpus delicti, actual or justifiable controversy, or a valid cause of action. I await your response which will either inform me the charges have been withdrawn, or the date of the hearing at which I will appear to secure discussion and discovery in this matter. I thank you very much for your time and cooperation. I hereby declare attest and swear that all information in this document is true and correct to the best of my knowledge and that I have personal knowledge of the facts contained herein and do accept personal responsibility for all statements made and facts presented.

Most Sincerely,
Your Name: spell it out in proper English with no abbreviations

SIGNED______________________ Notary__________________________________________
You can get creative with these notices. This one is 90% copied from a friend who has successfully used notice to have traffic tickets dropped by the court. I changed about 10% of the letter (indicated in red background) to suit my situation.

This notice cancels your notice (ticket) to appear. Without a reply from the court to this notice (and they almost never reply) you no longer have an appearance date. 

This notice is best followed up by a second notice, and then a third notice of default judgement. You get the default judgement from your notary public when the court fails to answer your first and second notices. Your second notice gets changed only enough to let them know about the pending default judgement if they do not reply to your second attempt at honorable discussion. All these notices need to be stamped by a notary public for the court to see them. While you can go to the court and drop them off yourself and get a court stamp on them as well as proof that they have been entered into the file, it is best to have your notary send them registered mail. Have your notary open a file for these notices so you have record of delivery. It is also needed for the default judgement. The default is not sent to the court. It is kept by your notary for their pickup. If they do not pick it up, it is yours. 

While it is not necessary for you to appear after giving these notices, I would recommend that you do to hand them the notices and proof of claim of default. I would start out by saying after your name has been brought up "I am here for that matter. For Public record, I am making a special appearance in regards to ticket # XXXXXXX, and have waived all privileges." Then call the bailiff over and hand him your notices and proof of service with the default judgement for the judge to see. 

Also worth noting, your first notice should be sent within the first three days of receiving the ticket. I'll explain more about that in a future post.

I will post up the other notices as I send them in to the court and bookmark them for you on the side bar for EZ reference.

I am not an attorney at law. Everything in these notices and any other text in this post is to the best of my knowledge true and correct. The effectiveness of using any process is in your ability to understand what it is that YOU are doing. If you do not understand the processes here, I suggest you just pay your ticket and go back to being a good little sheeple. I have spent months and months learning about this stuff. I suggest you stop by and get the quick course from my friend Rob Johnson. His E book is under $50 and explains in very good detail the how and why these notices work. It would of saved me the months of research and confusion had I picked it up a long time ago. You can order it on this link.  www.suijurislaw.net

It is also worth noting that I have no association with suijurislaw.net, and receive no benefit for mentioning or recommending the purchase of the materials contained there in. This blogs sole reason is to help others take back their power and to show them how to hold these festering leaches that call themselves government accountable for their actions.

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