
08-15-2008, 07:03 PM
|
|
|
|
Civil Contempt of Court
1. Ticket issued to my legal name for parking across sidewalk intersecting driveway (property not in my legal name).
2. I promptly return it to municipal court with Refusal for Fraud, since it lists a DL # which I've no longer (voluntarily surrendered license), and lists license plate (may have still been on car- my mistake) no longer registered to me (though I hadn't yet junked certificate of title, as I've done now).
I gave notice revoking power of attorney which court/ State/ City presumes to have over me, and gave notice of grace to the City police for writing a bad ticket.
3. Court sends legal name Notice to Appear for Informal Hearing, to which I respond in writing that I will, provided Court confirms it's jurisdiction and that my appearance will not be used against me, since I'd only be defending myself from their presumption that I'm the juristic person named on their papers. No response is given. I skip court, and am ordered to pay for ticket. I refuse for cause the order.
4. Court sends Motion to show Cause as to why I shouldn't be held in civil contempt, to which I promptly respond (after having junked certificate of title for car) with a Notarized abatement for misnomer (noting that the Notary is only a State Witness, so as not to contract with State), followed by Notarized letter of non-response (after 14 days) saying that I therefore presume court to accept my abatement.
5. Upon my personally serving court with letter of non-response, receptionist/clerk says a bench warrant for my arrest will be issued if I don't show.
Having filed as I did with the court, am I better accepting its vampires' invitation to lunch (and wielding my cross) or skipping?
If I go, I'll be sure to note on record that I'm only there under duress- threat of warrant/arrest/jail (as issued by the clerk), whereby which they shouldn't be able to hold me.
|

08-15-2008, 07:12 PM
|
|
Come and Get Some!
|
|
Join Date: Oct 2005
Location: Maryland
Posts: 2,745
|
|
|
These stunts have been tried before. A frequent response by the court to non-appearance in response to an order is a bench warrant. Possibly the cops won't even look for you, they'll let you draw their attention. No license tag on a car will eventually get you stopped, at which point the cop will see that you're driving without a license and that there's a warrant for your arrest. I think the rest of your day will be accounted for.
|

08-15-2008, 07:28 PM
|
 |
Come and Get Some!
|
|
Join Date: Oct 2007
Posts: 1,090
|
|
|
I have a question.
How can contempt, a criminal charge, be assessed for failure to appear in a civil equity court that can't take cognizance of criminal forms of action???
|

08-15-2008, 07:37 PM
|
|
|
|
I have a [decorative] Canadian plate on my car, no State registration, and have junked the State Certificate of Title. I've no tags (to have expired).
I've also made myself an ID bearing my Christian Appellation (no Last Name) and Nativity (not DOB). It's Notarized w/Apostille, and bears 5 $5 Washington/ Jackson Silver Certificate stamps to show that I'm not a (legal) pauper. It has my nationality as being 'Union States of America' (not compact/federal states), and says clearly, 'Non-State', 'Non-Federal', 'Non-Residential', 'Non-Commercial'.
The court may note on a warrant that I go by a name other than my Legal Name, but I don't carry State ID/property to have used against me.
|

08-15-2008, 07:46 PM
|
|
|
|
netwrkranger,
the court threatens to charge me with civil contempt, which is likely defined in statutes as not criminal, though likely to carry a jail sentence.
i'd have to rebut the presumption that the statute applies to me, the man, not surety for their legal persona.
|

08-15-2008, 07:49 PM
|
 |
Come and Get Some!
|
|
Join Date: Oct 2007
Posts: 1,090
|
|
|
Sounds like chicanery as you have defined it there, slofu =D.
|

08-15-2008, 07:55 PM
|
|
|
|
they're all about the chicanes- with the lines through them:
$$$
|

08-15-2008, 08:31 PM
|
|
Come and Get Some!
|
|
Join Date: Oct 2005
Location: Maryland
Posts: 2,745
|
|
|
Civil contempt is usually a failure to obey a court order. In this case, the order to appear in court on a certain date and time. The remedy is usually up to the trial judge in summary proceedings (although the possibility of appealing to a higher court might be available). The usual "remedy" is incarceration until the contemnor complies with the court order.
Criminal contempt is a much more serious offense, and involves an act that obstructs justice or disrupts the court. It is tried and punished as a criminal offense, possibly with incarceration that may last well beyond the lifespan of the underlying court case.
You are vulnerable to a charge of [b]civil[/i] contempt. Very probably to make sure you show up for your court date you will be kept in a cell conveniently near the court. You've pretty much blown off your credibility about promises to show up of your own free will.
|

08-15-2008, 08:54 PM
|
 |
Come and Get Some!
|
|
Join Date: Oct 2007
Posts: 1,090
|
|
|
Some more questions.
Can traffic court magistrates issue orders?
How is a 'notice to appear for an informal hearing' a court order? Would it not say 'court order' and not 'notice to appear'?
- netwrkranger
|

08-15-2008, 09:15 PM
|
|
|
|
would it not be a novation, possibly rebutting my prior assertions to the court, to appear?
I responded to the court's Motion and Order to Show Cause in a timely manner, and gave the court 2 weeks to properly serve me with a response (in person, as I served the court).
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
All times are GMT -7. The time now is 07:52 AM.
Powered by vBulletin Version 3.5.1 Copyright ©2000 - 2008, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 2.4.0
|
|