Refusal For Cause - Alive and Well

[Jethro]

I followed almost exactly the same procedure as EZ in a nearly identical "traffic" situation. However in my case, they ignored the RFC and express reservation of rights (on both the ticket, DL card and DL application). Only thing different is in this "municipality" they don't even schedule court dates (too commercially non-benficial, presumably) -- they just give you a form marked: 1. GUILTY 2. NOT GUILTY or 3. TRAFFIC SCHOOL, then you're supposed to check one (admitting to their jurisdiction) and mail it back after which a "court date" is scheduled. So obviously in my case, there was no court date.

Like EZ, the ticket was signed "without prejudice," refused for cause within 3 days, and explanation sent pointing out the refusal and reservation of rights. But instead, they claimed default judgment against me for "failing to respond to the citation", and so far, the administrative appeals have all ignored the multiple reservation of rights "without prejudice" and proceeded on as 'business as usual.' I believe they are now attempting to extort money/property from me without a signature.

Any thoughts as to how to compel these commercial SOB's to recognize the refusal and my reservation of rights?

[David Merrill]

I followed almost exactly the same procedure as EZ in a nearly identical "traffic" situation. However in my case, they ignored the RFC and express reservation of rights (on both the ticket, DL card and DL application). Only thing different is in this "municipality" they don't even schedule court dates (too commercially non-benficial, presumably) -- they just give you a form marked: 1. GUILTY 2. NOT GUILTY or 3. TRAFFIC SCHOOL, then you're supposed to check one (admitting to their jurisdiction) and mail it back after which a "court date" is scheduled. So obviously in my case, there was no court date.

Like EZ, the ticket was signed "without prejudice," refused for cause within 3 days, and explanation sent pointing out the refusal and reservation of rights. But instead, they claimed default judgment against me for "failing to respond to the citation", and so far, the administrative appeals have all ignored the multiple reservation of rights "without prejudice" and proceeded on as 'business as usual.' I believe they are now attempting to extort money/property from me without a signature.

Any thoughts as to how to compel these commercial SOB's to recognize the refusal and my reservation of rights?

Reservation of right is inherent in the R4C. Suitors subscribe to keeping a competent evidence repository. Note the Clerk Instruction in the Libel of Review.