sisters ticket, it came back, i need some help, please!

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sisters ticket, it came back, i need some help, please!

Postby Mr. Green » Tue Jun 02, 2009 7:43 pm

so, this is what i emailed the judge. skip to the bottom to see what i got back.

To whom it may concern; I hope this letter/notice finds you in good health.

Your honor, what I intend to show-with all due respect-is: that this ticket has no standing, and therefore; must be thrown out.

"To satisfy the "basic requirements" of a traditional standing test a party must allege that he or she has suffered or will immediately suffer an injury." Chen v. Stewart, 123 P.3d 416, 437 (Utah 2005)

"Standing is a necessary component of subject matter jurisdiction." rames v. byrd, 521 us. 811

"Without standing-there is no actual or justiciable controversy, and courts will not entertain such cases." Clifford S. v. Superior Court, 45 Cal.Rptr.2d 333, 335.

For this ticket to have standing; the officer must have filed a valid cause of action that alleges the violation of one of his legal rights, or alleges that harm was committed-against him.

I know that a ticket is not the same thing as a cause of action.

"In every valid cause of action-two elements must be present-the injury and the damage." Fields v. Daisy Gold Min. Co., 73 P. 521, 522 26 Utah 373

"The requirement or standing, however, has a core component derived directly from the Constitution. A plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief." Allen v. Wright, 468 U.S. 737, 751 (1984).

Since he sustained no loss, injury or damage; this ticket is therefore invalid!

The Declaration of Independence states that: "Governments are established to...protect and maintain individual rights." The jurisdiction of your court, being part of the government, is limited to its purpose; to "protect and maintain individual rights." I'm sure the California Constitution will agree.

Again: "Standing is a necessary component of subject matter jurisdiction." rames v. byrd, 521 us. 811

"If a party is found to lack standing, the court is without
subject matter jurisdiction to determine the cause …[A] court lacks
discretion to consider the merits of a case over which it is without
jurisdiction." Miss. So----- of Pardons and Paroles, 896, A2d 809, 812 (Conn
2006)

Again: this ticket must be thrown out.

"Generally, to establish guilt in a criminal case the prosecution must show that [1] the injury or harm specified in the crime occurred, [2] and that this injury or harm was caused by someones criminal activity." State V. Maulchey 67, P.3d 477, 482 (Utah 2003).

"It is well-settled that lack of subject matter jurisdiction can be raised as a defense at any time, including after entry of a final judgment or for the first time on appeal." In re Brown's Estate, 134 So.2d 290 (Fla. 2d DCA 1961); see also Rule 1.140(h)(2), Fla.R.Civ.P.

Please note that: I do not wish to contract with you unless expressly agreed upon with my signature, in writing, and initials on every clause of the contract.

And if you do not reply with in 3 days of receiving this-you have agreed to throw this ticket out, as well as strike all testimony-written or stated from the record.

I look forward to hearing from you very soon, until then:

Sincerely: Nickie (all rights reserved)

Without dishonor, malice aforethought, liability, or bad intent.



###################################################################################



So this is what i got back:

"Commissioner Dollard has determined your correspondence to be ex parte communication. as a challenge to standing the submission is not in any legally cognizable form."

"Fine $193 due by June 18 2009"

"failure to remit the remaining balance or signed payment agreement by June 18 2009 will result in penalties including a fine increase of $247 and a hold being placed on your driver's license"

>>> so, Im planning on sending this letter back with a note of conditional acceptance-registered mail of course-im just looking for suggestions, either with the conditional acceptance or with something different.

now the juicy notes i threw down-any questions just ask!

Didnt meet 3 day deadline

commissioner doesnt have discretion or jurisdiction to hear the case

commissioners serve upon the "stipulation" and consent of the parties

no man can be held to an impossibility-distance(i am 1500miles away)/no complaining party

i dont have to testify against myself/plead guilty(5th amendment)

fair trial impossible/conflict of interest

you are a court of record-therefore no discretion or jurisdiction to hear it

where are you incorporated? -oh so you being incorporated and that inc. being in another state-again means you have no discretion/jurisdiction.

coercion/extortion by threatening to raise the amount from $193-$247
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Re: sisters ticket, it came back, i need some help, please!

Postby huntingross » Tue Jun 02, 2009 8:39 pm

Why not put it in a "cognizable form"
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Re: sisters ticket, it came back, i need some help, please!

Postby Mr. Green » Tue Jun 02, 2009 9:17 pm

well, cognizable has 2 definitions, one means he isnt allowed to see it, and the other means he doesnt understand-legal context yada yada.

so, i assume by putting it in a cognizable form you mean taking it to court-which is 1500 miles away? sure, id do that... in a bout 2-3 months when i am over there.

or are you talking about filing it as a affidavit? i know very little about all that legal paperwork format bullshit-so , any info on that is greatly appreciated. i assume though that all i have to do is write it the same way and have my sister sign it by hand, the mail it to the clerk?

Thanks in advance! Gabe
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Re: sisters ticket, it came back, i need some help, please!

Postby huntingross » Tue Jun 02, 2009 9:23 pm

For someone who knows little of the legal side, the threads of those cases was pulled together very well.

I took cognizable to simply mean format...ask him what format it should be in as he didn't dispute the fundamentals.

Someone can sign on your behalf if they are authorised to do so...
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Re: sisters ticket, it came back, i need some help, please!

Postby Mr. Green » Tue Jun 02, 2009 9:31 pm

i know a fair bit on the legal side, but i know very little of the "proper format" of all their bullshit documents, being that it is their system and it doesnt "smell like roses to me" i dont spend alot of time researching "proper format" bullshit, i cant even begin to tell you how much i hate these people who think they are gods!

i will take your advice and try calling them up to see what format he wants them in. problem is: they never effing pick up! i should file some notices of dishonor, or some bs. and again: can i enforce say a 3 or 10 day limit on them?
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Re: sisters ticket, it came back, i need some help, please!

Postby BaldBeardyDude » Tue Jun 02, 2009 10:01 pm

Well, to my mind, you should have sent a notice, or affidavit. That's the way I read it, anyhoo - check the templates section for a summons rebuttal template which you may be able to adapt, if needed.
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Re: sisters ticket, it came back, i need some help, please!

Postby Mr. Green » Tue Jun 02, 2009 10:50 pm

alright, it was really a typo that i forgot to put a big fat notice sign on the top of it, bad, i know.

still anyubody know if/how i can enforce the 3 or 10 day time limit on them?
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Re: sisters ticket, it came back, i need some help, please!

Postby Veronica » Wed Jun 03, 2009 1:43 am

One of the basic tenets of law is that they are duty bound to make every possible attempt to understand the meaning, even it they have received something from someone unschooled in precise procedure.

Perhaps that should be pointed out to them?

Yes .. you can always put a time-limit on something. That's Common law. If they don't respond IN SUBSTANCE, then you gain estoppel.

Maybe point that out as well?

(Aplogies ... I haven't familiarised my self with this ... I'm just responding to the last post, above)
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Re: sisters ticket, it came back, i need some help, please!

Postby huntingross » Wed Jun 03, 2009 11:37 am

V has made the point I was going to make about being unschooled...there's case law on it

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...who is unschooled in law and notices the court of enunciation of principles as stated in Haines v. Kerner, 404 U.S. 519, wherein the court has directed that ...by huntingross


And where the terms are undefined, the commonly accepted term should apply....a Notice is a notice if that is what it is doing.
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Re: sisters ticket, it came back, i need some help, please!

Postby Mr. Green » Thu Jun 04, 2009 4:42 am

hmm, i appreciate that info, and i forgot to say that i am in the usa. i have created the first rough draft, and i will post it tonight or tomorrow. id love some comments when i post it since i threw in alot about fraud and extortion--somewhat accusatory, and i dont want it to bite me in the A, much less my sister.

ill keep you posted, thanks guys.

Peace -Gabe
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