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(For Frank ‘Austin’ England III) 

All past posts are now in a drop down below comments. )

(Blog Masters Note: Over a year ago, I was almost ticketed for not wearing a seat belt, got a warning notice instead. I asked Frank ‘Austin’ England III how I could proceed if I had gotten the ticket. Then we will proceed with an attachment that was e-mailed to me by Frank on the above title.

Do you sign citations in New Mexico?  We don’t here, because someone had litigated the issue of a compelled contract and the state bailed before the precedent went the wrong way.

I return the citation to the issuing officer with  . . .

RETURNED FOR CAUSE
WITHOUT COMMERCIAL DISHONOR
AND NO RECOURSE
WITHOUT PREJUDICE UCC 1-308
                                                                   

________________________thumb print in red ink as your seal
                         Signature

Got lots more on the statutory process and said process being private for profit copy right law . . . the statute can’t be enforced, it must be sold by the law merchant . . . that being the cop . . . but be careful not to go into controversy!  I always ask the cop “Do we have an appointment?” and begin having fun from there , , ,
I told him I was not sovereign yet.
Absolutely . . . don’t get into the sovereign issue . . . boils down to you exercising your “natural right” to travel” in lieu of being regulated in commerce . . . all you are, is a customer of the DMV . . . you are being “treated” as a “driver”.  You are simply the “Holder” (holder in due course) of the “License” that is needed to be in your possession for the law merchant to do business with you under the commerce clause, it is not your license, it belongs to the DMV.  At the actual presentment of the citation, you can note, without prejudice UCC 1-308 and sign your name . . . this is the remedy built into the Uniform Commercial Code and you have the right to exercise that right.  After you sign the citation, go home write across the face of the copy what I suggested and return it to the agent who made the offer. (be sure to get his or her complete name and the address of their office or barracks.  When he stops you, he is acting in the nature of a police officer . . . then he makes the offer, he changes his hat and goes into law merchant mode and tries to sell you the statute . . . I tell them I’m not interested in doing business with them . . . they are dealing in private for profit copy right law, a law that cannot be enforced, only offered for acceptance . . .  I’m not interested, what’s my consideration? See the attachments.

RATIFICATION OF COMMENCEMENT OF THE ACTION
By Joinder of a Trustee for the “Beneficiary” of the Trust

Title 28, Rules, Rule 17

Rule 17. Parties Plaintiff and Defendant; Capacity

(a) Real Party in Interest. Every action shall be prosecuted in the name of the real party in interest.

An executor, administrator, guardian, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in that person’s own name without joining the party for whose benefit the action is brought. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.

[emphasis by me] (Frank ‘Austin’ England)

(b) Capacity to Sue or Be Sued. The capacity of an individual, other than one acting in a representative capacity, to sue or be sued shall be determined by the law of the individual’s domicile. The capacity of a corporation to sue or be sued shall be determined by the law under which it was organized. In all other cases capacity to sue or be sued shall be determined by the law of the applicable state, except (1) that a partnership or other unincorporated association, which has no capacity by the law of its state, may sue or be sued in its common name for the purpose of enforcing for or against it a substantive right existing under the Constitution or laws of the United States, and (2) that the capacity of a receiver appointed by a court of the United States to sue or be sued in a court of the United States is governed by Title 28, U.S.C., Sections 754 and 959 (a).

(c) Infants or Incompetent Persons. Whenever an infant or incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. An infant or incompetent person who does not have a duly appointed representative may sue by a next friend or by a guardian ad litem. The court shall appoint a guardian ad litem for an infant or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the infant or incompetent person.

“Your honor, I am the creditor and trustee. Do I have standing to speak?”

Another thing I heard on a Jack Smith audio, and this too was very interesting, was about a man that had to go into court on a ticket.
Here’s what he said when his name was called, and he was still outside the bar.

“Your honor, I am the creditor and trustee, do I have standing to speak?”

“I am the creditor and trustee of my independent account in the public trust, is the claimant present so I may accept his offer and close this account? And the judge was silent. So the guy said “How can we proceed without a claimant or agent coming forth on behalf of the claimant?” and the judge said “remove yourself from my courtroom immediately!

The guys next move, if he would have had the opportunity or the judge would attempt to push the courts bluff, would have been to appoint the judge as the agent/fiduciary for the claiment, so the judge would have had to appoint a trustee to settle and close the matter. 

 

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