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Court Citation Sold?

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  • DAYZELL B
    How do I respond to a third party creditor who is trying to collect on a court citation? The lady was given a ticket for her light being to dim over her
    Message 1 of 6 , Jul 31, 2013
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      How do I respond to a third party creditor who is trying to collect on a court citation? The lady was given a ticket for her light being to dim over her license plate! Unfortunately she appeared in court where it was initially reduced and was told to return with receipt of violation repaired. She left and has never returned only to receive a letter from a collection agency seeking payment.

      What is the most honorable way to address this issue with the third party? What are my options after having missed the option to send the ticket in the mail with the overlay that I DO NOT CONSENT!

      Thank you in advance for all advice

      DB
    • Legalbear
      How do I respond to a third party creditor who is trying to collect on a court citation? The lady was given a ticket for her light being to dim over her
      Message 2 of 6 , Aug 1, 2013
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        How do I respond to a third party creditor who is trying to collect on a court citation? The lady was given a ticket for her light being to dim over her license plate! Unfortunately she appeared in court where it was initially reduced and was told to return with receipt of violation repaired. She left and has never returned only to receive a letter from a collection agency seeking payment.

         

        What is the most honorable way to address this issue with the third party? What are my options after having missed the option to send the ticket in the mail with the overlay that I DO NOT CONSENT!

         

        Why wouldn’t a sovereign always retain the right to WITHDRAW consent given by mistake, misunderstanding, or fraud? It is only the “just” powers that are obtained by the “consent of the governed”. Looks to me like there only need be an explanation as to why this is the exercise of an unjust power justifying the withdrawal of the consent.

         

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        Thank you in advance for all advice

        DB

      • vstrinski
        DB - honestly - that s such a stupid situation that she s gotten herself into - this was a fix it ticket - she just fixes the damn light, gets a cop to sign
        Message 3 of 6 , Aug 1, 2013
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          DB -

          honestly - that's such a stupid situation that she's gotten herself into - this was a "fix it" ticket - she just fixes the damn light, gets a cop to sign on the ticket that it's been fixed, may have to pay $10-15 court processing fees and everything goes away - no record, no points, nothing.

          What she's done is now is a "failure to appear" (at least in California) which carries a much higher fine plus is a point on the driving record.

          She could try going back to the court and checking with the clerk if she could get a court date (for the "failure to appear" violation), and if she does so she'll get a chance to explain to the judge (most likely a commissioner) what happened.

          I've seen commissioners give people like her a break - they usually dismiss the "failure to appear" ($450 fine) and impose instead a $150 civil assessment fine (and no points). Plus she'll have to show the proof of correction - usually after she fixes the bulb she would go to the local police department or CHP station to have a cop see that it's been fixed and sign the back of the ticket that the issue has been corrected. She'll have to show the commissioner that back of the ticket (which is the proof of correction).

          That's probably the easiest way to handle that situation.

          Alternatively you can go down the motions and court hearings path.


          Regards,
          Vladimir

          --- In tips_and_tricks@yahoogroups.com, "DAYZELL B" <carmldimpls@...> wrote:
          >
          > How do I respond to a third party creditor who is trying to collect on a court citation? The lady was given a ticket for her light being to dim over her license plate! Unfortunately she appeared in court where it was initially reduced and was told to return with receipt of violation repaired. She left and has never returned only to receive a letter from a collection agency seeking payment.
          >
          > What is the most honorable way to address this issue with the third party? What are my options after having missed the option to send the ticket in the mail with the overlay that I DO NOT CONSENT!
          >
          > Thank you in advance for all advice
          >
          > DB
          >
        • danielbagod
          ... I have used the following process and I never heard from the collection agency again! Immediately write a letter to the collection agency DEMANDING
          Message 4 of 6 , Aug 1, 2013
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            On 2013-08-01 14:24, Legalbear wrote:
            > How do I respond to a third party creditor who is trying to collect
            > on a court citation? The lady was given a ticket for her light being
            > to dim over her license plate! Unfortunately she appeared in court
            > where it was initially reduced and was told to return with receipt of
            > violation repaired. She left and has never returned only to receive a
            > letter from a collection agency seeking payment.
            >
            > What is the most honorable way to address this issue with the third
            > party? What are my options after having missed the option to send the
            > ticket in the mail with the overlay that I DO NOT CONSENT!

            I have used the following process and I never heard from the collection
            agency again!

            Immediately write a letter to the collection agency DEMANDING
            Validation (NOT verification) of the alleged debt. They can never
            validate the debt so they pass over you and go on to the next sucker who
            doesn't know how to respond. It's important to send the letter within 30
            days (that's generally the time frame they give you). It wouldn't hurt
            to send it "certified mail" either.

            SHALOM,
            Daniel
          • Eusebio Preciado
            I have also done this.. It works like a charm!! Eusebio
            Message 5 of 6 , Aug 2, 2013
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              I have also done this..
              It works like a charm!!

              Eusebio


              Thursday, August 01, 2013 2:43 PM
               

              On 2013-08-01 14:24, Legalbear wrote:
              > How do I respond to a third party creditor who is trying to collect
              > on a court citation? The lady was given a ticket for her light being
              > to dim over her license plate! Unfortunately she appeared in court
              > where it was initially reduced and was told to return with receipt of
              > violation repaired. She left and has never returned only to receive a
              > letter from a collection agency seeking payment.
              >
              > What is the most honorable way to address this issue with the third
              > party? What are my options after having missed the option to send the
              > ticket in the mail with the overlay that I DO NOT CONSENT!

              I have used the following process and I never heard from the collection
              agency again!

              Immediately write a letter to the collection agency DEMANDING
              Validation (NOT verification) of the alleged debt. They can never
              validate the debt so they pass over you and go on to the next sucker who
              doesn't know how to respond. It's important to send the letter within 30
              days (that's generally the time frame they give you). It wouldn't hurt
              to send it "certified mail" either.

              SHALOM,
              Daniel

          • Mel Gillespie
            Do any of you remember about a week ago, I asked if anyone had an example of a Post Trial Motion to amend pleadings to conform with evidence presented at
            Message 6 of 6 , Aug 2, 2013
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            Do any of you remember about a week ago, I asked if anyone had an example of a Post Trial Motion to amend pleadings to conform with evidence presented at trial?  It appears that no one has ever done one in this group, knew how to do one, or just plain did not want to share.  So I made my own, and I am passing it on to all of you.  I looked on the Internet, googled it, and I found where one attorney referred to the existence of such a motion, while another gave advice that you just have to appeal, that there is no such thing.  So I made my own, and I am going to share it with all of you.  I whipped this up quickly with the help of witkins and american jurisprudence 2d.  It took me about 8 hours, with typing, editing twice and having someone read over it twice.  I sent it to an attorney to look over, and other than one or two grammatical errors, I got his seal of approval.  Give me some feed back and let me know what you all think.  Thanks.
             




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