Petition For Abatement: TO: Corpus Christi Municipal Court
Petition For Abatement: TO: Corpus Christi Municipal Court
TO:
FROM:
Colt Harmon
13561 Bullion Ct..
Corpus Christi, Texas [78418]
Regarding:
(Complaint, demand of accusation, CCPD No. 1912030836 ) Attach copy
hereto and thereby incorporated as an intrical part of this petition for
Abatement.
Comes now Colt Harmon, to petition this court to abate the above-referenced
(accusation, complaint) on the following grounds:
I am requesting that you abate the above referenced Texas Uniform Traffic
Citation and Complaint Number #1912030836
I have received but have not accepted the Uniform Traffic Citation and
Complaint and am hereby rejecting said document for cause without dishonor.
I am returning said document marked “Without PreJudice” thereby retaining all
my Rights in Law and Equity as I challenge the subject matter and personam
jurisdiction of the court for the following causes:
Courts enforce mere statutes do not act judicially merely ministerial having
thus no judicial immunity, and unlike courts of Law do not obtain jurisdiction by
service of process nor even arrest and compelled appearance. Boswell vs.
Otis, 9 Howard 336, 348
Service of traffic ticket on a motorist does not give the court jurisdiction over
his person...Service of a traffic ticket imposes no compulsion on him, and no
penalty attached for failure to heed it… Purpose of traffic ticket is to secure the
motorist’s voluntary appearance. Colville vs. Bennett, 293 NYS 2d 685.
The Police Officers Unknown, Texas Uniform Traffic Citation and Complaint, in
issue does not meet the lawful definition of a judicial “Summons” as follows:
The Texas Uniform Traffic Citation and Complaint in issue neither indicates on
its face that a lawsuit is pending, nor does it comply with the rules for “form
and content” of civil summonses and is defective in the following ways:
(a) The Texas Uniform Traffic Citation and Complaint does not bear the
signature of the clerk of the court.
(b) The Texas Uniform Traffic Citation and Complaint does not have the
Seal of the Court placed upon it.
(c) The Texas Uniform Traffic Citation and Complaint does not contain the
name of the court upon it.
(d) The Texas Uniform Traffic Citation and Complaint does not contain the
names of the parties to the cause of action with their respective
designations as plaintiff and defendant.
(e) The Texas Uniform Traffic Citation and Complaint does not contain the
name and address of plaintiff’s attorney or plaintiff’s address per se.
(f) The Texas Uniform Traffic Citation and Complaint does not contain the
Mandatory Notice to defendant / accused of the time and place in
which the defendant is to appear and defend.
(g) The Texas Uniform Traffic Citation and Complaint does not contain the
proper default warning language to defendant.
(h) The Texas Uniform Traffic Citation and Complaint does not have a
copy of plaintiff’s complaint and probable cause affidavit attached.
(i) Without an attached complaint and probable cause affidavit,
Petitioners have no way of knowing what the nature and cause of the
underlying complaint is about and what relief demanded by the
plaintiff.
(j) Officer Unknown himself “served” said Texas Uniform Traffic Citation
and Complaint and is party who has an “adversarial interest” in the
instant matter.
Inlight of this case law cited above and that by voluntarily subjecting myself to
your organization’s jurisdiction I would put my personal property at a
substantial risk of loss.
If I do not hear from you in (15) fifteen days, your lack of response will establish
the presumption that the returned document was improperly served, that there
exist no un-resolved material facts in issue or that a controversy between the
parties exist. A NOTICE OF DEFAULT will be issued to you. By your
acquiescence in the matter your organization will have accepted my position
as being applicable in this instance, this closing the matter. Time is of the
Essence.
Respectfully,
Notary Public: