Petition For Abatement: TO: Corpus Christi Municipal Court

PETITION FOR ABATEMENT
TO:
Corpus Christi Municipal Court

120 N. Chaparral St.
Corpus Christi, Texas, 78401
2nd January 2020
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, Colt Harmon am a natural man, living on the land of Texas , I am not

exercising my right to travel freely within this State to engage in commercial
activity. As my travel is not commercial.
I am not subject to being detained or summoned to the court by Officers

Unknown exercising the Police Power of the State to enforce it’s statutes in
commerce. Below are some of my reasons as to why I will not appear unless
defects in the service of process are corrected.
NOTICE OF ABATEMENT OF IMPROPER SERVICE
I am in receipt of a document titled in capital letters as Texas Uniform Traffic

Citation and Complaint dated 12/20/2019.
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.
If the Texas Uniform Traffic Citation and Complaint is a Summons requiring my

appearance, the following defects must be corrected before I will submit to the
court’s jurisdiction.
The Mandate contained within Amendment Five of the United States

Constitution requiring “due process,” i.e., meaning initiatives through judicial
courts with proper jurisdiction, precedes the imposition of administrative
issued summonses, except where licensing agreement obligate assets. I have
no knowledge of Colt Harmon having any licensing agreement(s) with the
County of Nueces, or the United States, which obligates assets and I demand
strict proof and evidence to the contrary.
The Police Officers Unknown, Texas Uniform Traffic Citation and Complaint, in
issue does not meet the lawful definition of a judicial “Summons” as follows:
“Summons. Instrument used to commence a civil action or special

proceeding and is a means of acquiring jurisdiction over a party. Writ or
Page 2 of 5 pages Petition for Abatement

process directed to the sheriff or other proper officer, requiring him to notify
the person named that an action has been required to appear, on a day
named, and answer the complaint in such action. Upon the filing of the
complaint the clerk is required to issue a summons and deliver it for service to
the marshal or to a person specially appointed to serve it. Fed R Civil P. 4(a)
“Black’s Law Dictionary, 6th Edition. P. 1436
Note: There are no definitions for the terms “administrative summons” in

Black’s Law Dictionary 6th Edition.
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.

Note: “A Summons” may be served by any person who is at least 18 years of
age and not a party to the action.” Caldwell vs. Coppols, 219 Col App. 3rd,
859
The prohibition of a personal service of process by parties is to discourage

“fraudulent service by persons with adversarial interest in a lawful action.”
It appears from the returned document, that your organization is requesting

my voluntary appearance, but threatening me with conviction and judgement
for an undisclosed amount exceeding the base fine if I do not voluntarily
comply.
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.
Your organization’s coercive threats of retaliation for exercise of stewardship

over my personal property seems inappropriate and unconstitutional in
denying me due process of law. Especially inappropriate, in light of the facts
that I am advised by a decision of the United States Supreme Court to pause,
reflect and accurately ascertain your organization’s official capacity and
authority.
Since “....whatever the form in which the government functions, anyone

entering into an arrangement with the government takes the risk of having
accurately ascertained that he who purports to act for the government stays
within the bounds of his authority.” Federal Crop Insurance Corp. vs. Merrill,
332 U.S. 380 at 384 (1947).
I have included within this communication a Memorandum of Law on the

Subject of my Rights to travel upon the public highways. I think that I will
enlighten you as to my position and give you ample evidence and reason to
abate the Traffic Citation.
I expect your response to my Abatement and correction of the errors, by

issuance of a proper summons or an Affidavit in rebuttal to the above lawful
position, Signed by the appropriate judicial officer in Blue ink with the court
seal of your organization and service of the summons by the County Sheriff. In
addition a clarification of any errors you claim I have made in this Abatement
along with all documents you offer in support of you position, within the
reasonable time of (15) fifteen days of receipt of this NOTICE OF

ABATEMENT. If you need additional time please make your request in writing
and it will be granted.
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.
GOVERN YOURSELF ACCORDINGLY
Respectfully,
_______________________________________ Date _________________
Colt Harmon, Sui Juris
13561 Bullion Ct.
Corpus Christi, Texas [78418]
Notary Public:

Petition For Abatement: TO: Corpus Christi Municipal Court

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PETITION FOR ABATEMENT

Corpus Christi Municipal Court

2nd January 2020

I, Colt Harmon am a natural man, living on the land of Texas , I am not

I am not subject to being detained or summoned to the court by Officers

I am in receipt of a document titled in capital letters as Texas Uniform Traffic

If the Texas Uniform Traffic Citation and Complaint is a Summons requiring my

The Mandate contained within Amendment Five of the United States

“Summons. Instrument used to commence a civil action or special

Page 2 of 5 pages Petition for Abatement

Note: There are no definitions for the terms “administrative summons” in

Page 3 of 5 pages Petition for Abatement

The prohibition of a personal service of process by parties is to discourage

It appears from the returned document, that your organization is requesting

Your organization’s coercive threats of retaliation for exercise of stewardship

Since “....whatever the form in which the government functions, anyone

I have included within this communication a Memorandum of Law on the

I expect your response to my Abatement and correction of the errors, by

Page 4 of 5 pages Petition for Abatement

GOVERN YOURSELF ACCORDINGLY

_______________________________________ Date _________________

Colt Harmon, Sui Juris

13561 Bullion Ct.

Corpus Christi, Texas [78418]

Page 5 of 5 pages Petition for Abatement

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