Try Paying The Ticket Within 3 Days

ezrhythm · #1 08-25-2006, 01:12 PM

This is mentioned in another thread but I could not locate it.

Try showing up and paying a ticket within the first 3 days and you may find that they haven't processed it and won't receive your FRN's. Then this applies;

From the California Commercial Code;

3603.(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c)If presentment is required with respect to an
instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Codee · #2 08-25-2006, 01:48 PM

1) the "ticket" is a notice to appear AND a prommis to appear.

2) you cannot pay off a notice to appear as it "creates" no debt.

3) you can maybe discharge the bail on the ticket. If the court did not recieve FRN's however this will happen...

3a) You do not show up for court. The court will discharge your bail and default on the discharge and collect their nothing. Then they will issue a bench warant for failure to appear as prommissed AND you will have lost your bail.

3b) You show up to court and get your bail returned (nothing) and then argue your case and lose, then "pay" a fine (not the bail.)

This fine that you are going to pay is from the judgment which willl be a new creature to deal with and this judgment did not exist in the three days so you will deal with that too. You will not pay an obligation to a ticket ever. The payment for the ticket was to "appearance," not $. You cannot appear by attempting to pay a judgment that does not exist. Thats like me summoning you and then you trying to pay the judgment before we go to court. Not possible. All you could do was pay off by demand for payment but you could not pay off a judgment that has yet to be rendered.

Intead of making payment in three days. I "appear" at the counter "specially" to chalenge jurisdiction." This is an appearance. Then I go home. No default can arrise because once Jurisdiction is challenged, it must be decided before moving the court on to judgment or anything else.

ezrhythm · #3 08-25-2006, 02:22 PM

Excellent comeback! Thank You for the enlightenment Codee.

When you "specially appear" do you ask for written agknowledgement that you "appeared"?
If not, what do you use as evidence of appearance?

Codee · #4 08-25-2006, 05:19 PM

I send "Special Appearance and notice of special appearance" to the district atorney (one document.) Notice is one line. "Upon reciept of this document Notice will be be deemed served upon you of this special appeance."

Then I state...

I hereby appear specially to challenge SMJ or PJ (just choose ONE, if arguing PJ do it first.)

Now I have appeared. Now I get service of Documents.

powder · #5 08-30-2006, 11:55 PM

Timely refuse for cause.

theghost · #6 08-31-2006, 07:23 AM

Quote:

Originally Posted by ezrhythm

This is mentioned in another thread but I could not locate it.

Try showing up and paying a ticket within the first 3 days and you may find that they haven't processed it and won't receive your FRN's. Then this applies;

From the California Commercial Code;

3603.(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
(c)If presentment is required with respect to an
instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

ezrhythm and codee, that was my post from a few weeks ago, regarding a friend of mine that has done this several times. The appearance aspect of the ticket is satisfied, as well as the payment of the debt. So they don't have the accounting yet, so they didn't get the opportunity to run you through the dog and pony show for the other sheeple in the room to see, that's tough. You showed up (appeared), with witnesses(s) and offered to pay, you cannot be denied, you have discharge, according to their UCC. It doesn't get any more honorable than that.

charlesa6 · #7 08-31-2006, 07:27 AM

Quote:

Originally Posted by theghost

ezrhythm and codee, that was my post from a few weeks ago, regarding a friend of mine that has done this several times. The appearance aspect of the ticket is satisfied, as well as the payment of the debt. So they don't have the accounting yet, so they didn't get the opportunity to run you through the dog and pony show for the other sheeple in the room to see, that's tough. You showed up (appeared), with witnesses(s) and offered to pay, you cannot be denied, you have discharge, according to their UCC. It doesn't get any more honorable than that.

Yeah, that is the way to do it.