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Thread: Consent to Service of Process

  1. #1

    Consent to Service of Process

    CALIFORNIA VEHICLE CODE DIVISION 9 SECTION 17460.

    "The acceptance or retention by a resident of this state of a driver’s license issued pursuant to the provisions of this code, shall constitute the consent of the person that service of summons may be made upon him within or without this state, whether or not he is then a resident of this state, in any action brought in the courts of this state upon a cause of action arising in this state out of his operation of a motor vehicle anywhere within this state."

    The other sections close to this one that are also about consenting to service of process.

    Anyway, I find a lot of interesting things about these sections, beginning with the fact that service of process is consensual, but also when reading through them the Legislature continually switches back and forth from 'this state' and 'this State', so much that it's very confusing. I'm finding that the code applies only to residents and some nonresidents in certain situations. But what about inhabitants?

    From what I'm gathering, if someone surrenders his driver's license, and otherwise manages to avoid consenting to process, then I think for all intents and purposes he becomes invisible to the state, or State, at least in connection with the vehicle code.

    I've also been poking around all the other California Codes, and finding the same situation with other activities. It appears a person can withdraw consent to receive process of service for just about anything.

  2. #2
    Anthony Joseph
    Guest
    Ask a question of the man in the uniform when he/she demands a DL or anything else from you, "Is that an order?" If he/she says no, "I'll be on my way then, have a nice day." If he/she says yes, "I'll be happy to fill your order, i must inform you however, that i will send a bill for that order."

    If you were ordered to do something by another man, then be compensated accordingly for it.

    I was not operating under the license at that time, who will come forward and testify under oath that i was.

    "Why do have a tag on your car and DL then?" this is supposed evidence of operating under contract.

    Let me ask you this...

    Do you use the windshield wipers every time you move your car?

    Do you remove the headlights from the car in the day time and put them back on at night?

    A tool can be used whenever you deem it necessary. Think about it.

  3. #3
    My thinking is that if done properly, being stopped in traffic would turn out just fine. If I were to be issued a summons I could forward it to the Secretary of State or Governor.

    Now if my car happened to be paid for with lawful money, no duty to register it would exist either. The state's claim on it would be voidable.

  4. #4
    Anthony Joseph
    Guest
    Will anyone verify in open court that he/she/it has a vested interest in your property (car) regardless of registration or what type of "money" was used to "pay" for it? Has anyone heard any verifiable testimony from anyone of such a claim? Has "the state" ever notified anyone of its vested interest in your car? Or, do we actually have evidence of letters sent that deny any such thing?

    If someone hands you a summons (ticket), consider it a present and give it back. Find out immediately who is prosecuting a case against you and notify him/her that you believe the summons was issued in error. Offer to settle the matter by requiring to speak with the injured party.

    I don't know Mr. or Mrs. STATE OF XXXXX, i don't believe we ever met. If you choose to pursue this case, i will require the accuser ['Plaintiff'] appear and verify the claim against me on the record in open court. Is this not a common law land? Do i not have a right to face and question my accuser?

    Form and keep the record of your good faith effort to settle out of court on the private side. Notify the prosecutor that you will file a claim against him/her for trespass [barratry] if he/she pursues the case and does not produce the 'Plaintiff' to verify the claim in open court.

  5. #5
    Quote Originally Posted by Anthony Joseph View Post
    Will anyone verify in open court that he/she/it has a vested interest in your property (car) regardless of registration or what type of "money" was used to "pay" for it? Has anyone heard any verifiable testimony from anyone of such a claim? Has "the state" ever notified anyone of its vested interest in your car? Or, do we actually have evidence of letters sent that deny any such thing?

    If someone hands you a summons (ticket), consider it a present and give it back. Find out immediately who is prosecuting a case against you and notify him/her that you believe the summons was issued in error. Offer to settle the matter by requiring to speak with the injured party.

    I don't know Mr. or Mrs. STATE OF XXXXX, i don't believe we ever met. If you choose to pursue this case, i will require the accuser ['Plaintiff'] appear and verify the claim against me on the record in open court. Is this not a common law land? Do i not have a right to face and question my accuser?

    Form and keep the record of your good faith effort to settle out of court on the private side. Notify the prosecutor that you will file a claim against him/her for trespass [barratry] if he/she pursues the case and does not produce the 'Plaintiff' to verify the claim in open court.
    I'm not interested in fighting with these people. I'm finding in the state's own code how to resign from any agencies I might be party to. If I resign as agent, then I return to being an inhabitant, and no longer would be a resident.

    If I'm subsequently stopped, my expectation would be to simply refer the officer to the person authorized to accept the services being offered.

  6. #6
    This might be interesting.

    Going around without plates limits you. Even if you get your point across you cannot drive to other cities and enjoy your immunity.

    My suggestion is to avoid the ownership (property) tax on the vehicle as evidence you own it outright. Then if you get any citations utilize your posture as outside the Federal Reserve Districts to establish a proper court setting. They will always dismiss, usually for no witness, meaning that the officer will not be at arraignment and other preparatory hearings. Then again if they set up a proper court for your constitutional style of administration of justice; proper oaths and procedures you will be responsible for restoring our intended justice system to America, or at least educating the local administrators of the process they are doing by rote.

  7. #7
    Yeah plates can be a problem:

    17459.**The acceptance by a resident of this state of a certificate of ownership or a certificate of registration of any motor vehicle or any renewal thereof, issued under the provisions of this code, shall constitute the consent by the person that service of summons may be made upon him within or without this state, whether or not he is then a resident of this state, in any action brought in the courts of this state upon a cause of action arising in this state out of the ownership or operation of the vehicle.(Amended by Stats. 1971, Ch. 622.)**

    But it occurs to me, that the certificate of ownership and registration should be held by the Secretary of State.

    Edit -- Maybe they'll let me have an exempt plate. Hahaha
    Last edited by Keith Alan; 01-13-14 at 03:26 AM.

  8. #8
    From another forum -- February 2013

    Re: Being paid to drive
    postby KnowLaw » Tue Feb 12, 2013 1:16 pm


    That's because the State doesn't own all vehicles, as long as the true owner realizes the scam and cancels the contract/agreement. And that's as easy as canceling the CoT and returning it to the DOT. No contract, no legal ownership (on the State's part, that is).

    When in contract with the State DOT, the true owner (i.e. whomever bought the product) becomes the equitable owner only, and legal ownership is switched to the State which acts as a Trustee over the property entrusted to its limited liability benefit and safety program.

    If you want to retain "legal" ownership of your property, take it back by cancelling the certificate of title and returning said document to it's issuer.

  9. #9
    **CORPORATIONS CODE - CORP

    TITLE 3. UNINCORPORATED ASSOCIATIONS [18000 - 24001.5]

    **( Title 3 enacted by Stats. 1947, Ch. 1038. )

    PART 1. GENERAL PROVISIONS [18000 - 18420]

    **( Part 1 added by Stats. 2004, Ch. 178, Sec. 10. )18200. *(a)*An agent designated by an unincorporated association for the service of process may file with the Secretary of State a signed and acknowledged written statement of resignation as agent of the unincorporated association. The resignation is effective when filed. The Secretary of State shall mail written notice of the filing to the unincorporated association at its address set out in the statement filed by the association.(b)*An unincorporated association may at any time file with the Secretary of State a revocation of a designation of an agent for service of process. The revocation is effective when filed.(c)*Notwithstanding subdivisions (a) and (b), service made on an agent designated by an unincorporated association for service of process in the manner provided in subdivision (e) of Section 18200 is effective if made within 30 days after the statement of resignation or the revocation is filed with the Secretary of State.**

    So between returning the the driver's license, certificate of title, and registration, all that remains is to resign or revoke the agency for the unincorporated association, which my guess is the THE NAME.

    I don't know how to prove it though.

  10. #10
    Anthony Joseph
    Guest
    Quote Originally Posted by Keith Alan View Post
    I'm not interested in fighting with these people. I'm finding in the state's own code how to resign from any agencies I might be party to. If I resign as agent, then I return to being an inhabitant, and no longer would be a resident.

    If I'm subsequently stopped, my expectation would be to simply refer the officer to the person authorized to accept the services being offered.
    Which part do you consider "fighting with these people" from what i wrote?

    If you try to decipher codes which you did not create or write, you will be deemed competent in the code (legal) world; and, you will be liable for "violating" said codes.

    How many statutes and codes are "out there" now? Tens of thousands; maybe more?

    I do not wish to know or learn them, since that effort is futile anyway; but, more importantly, i do not believe said statutes/codes have anything to do with i; a man. Who will make a verifiable claim that i; a man, am subject to said statutes/codes?

    If you believe a contract you entered into now does you more harm than good, simply present a notice of rescission - "short and sweet". Always stay in honor; and, offer to make whole any man you do wrong or harm to the best of your ability.

    A man has no obligation to a 2-dimensional entity; a mistake can be corrected at any time.

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