Thread: pulled over
View Single Post
  #13  
Old 03-07-2006, 07:11 AM
Akira's Avatar
Akira Akira is offline
Sui Juris Moderator
 
Join Date: Oct 2004
Location: Maine state
Posts: 873
Smith,

Quote:
I think I can use some of the docs to corner them in a special appearance which I must motion for to challenge juristiction
If you're going to challenge jurisdiction, the last thing you want to do is file a motion with the court. The act of filing the motion would submit you to their jurisdiction !

See: Weis' thread - In Personam Jurisdiction

Also, do a search for all threads involving Ticket Slayer (or TS), Clyde Hyde, and common law default, and start reading.

Find your winning point and stick to it... If you have found something fatal to their case... go with it.

In my experience, the TS docs are the most cost effective approach, although, it uses a motion to dismiss. If you choose this approach, you had better know what you're doing. The MtD is there only to provide a convenient escape for the judge. He really has no choice but to dismiss, once the PA has defaulted. If you must use an MtD, rename it Petition to Dismiss.

Recently, I defaulted the PA in a criminal case, and did not file a PtD. This left the court only one other escape, and the PA promptly dropped the complaint ! No arraignment hearing... no entering a plea, nothing. I never had to appear in court.


For HIS Glory,
Akira
__________________
Akira = Akira-
Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
Reply With Quote