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courts of limited juisdiction -

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Dillon

Senior Member
What is the name of your state (only U.S. law)? CAL

How can i vacate a traffic court judgment for lack of subject matter jurisdiction?

because no justiciable issue was presented to the court through proper pleading on the court record by the prosecutor,
per: Ligon v Williams, 264 Ill.App.3d 701, 637 N.E.2d 633 (1st Dist. 1994

and

which court would i file in?

-------------

thanks for any help
 
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Isis1

Senior Member
What is the name of your state (only U.S. law)? CAL

How can i vacate a traffic court judgment for lack of subject matter jurisdiction?

and

which court would i file in?

-------------

thanks for any help

depends on when the judgement was issued.

also depends on which court issued the judgement,
 
This is simple: in the appellate court. Lack of subject matter jurisdiction (not personal jurisdiction) can usually be brought up at any time & before any court.

If you can file a motion for reconsideration at the local court level, then you can bring it up there too.

If your appeal time is up then you are likely out of luck.

I don't know exactly what aspect of subject matter jurisdiction you wish to argue ...
 

asiny

Senior Member
Anyone else find it REALLLLLLLLY strange that Dillon is asking such a simple question that he would wrap up in 'anti-government' rhetoric any other day of the week... and the saviour is the new user startedone :rolleyes:
 

Dillon

Senior Member
I don't know exactly what aspect of subject matter jurisdiction you wish to argue ...

lack of pleading by the prosecutor under oath in this court of limited jurisdiction records.

lack of damages listed in the complaint by the officer, no corpus delicti, no controvercy before a court of record to hear.

lack of, or improper service of process as the officer is the Complaintant and Server of Process, officer is a adversarial party of interest in the matter. complainants cant serve process in the same matter.

lack of jurisdiction stated into the record of a court of limited jurisdiction llike traffic court.

lack of judge's signature on the so called summons issued from a court of record.

lastly, one cant be force into a court of Equity (traffic court) when a court of law can try the matter

hows that for starter?
 
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Dillon

Senior Member
Anyone else find it REALLLLLLLLY strange that Dillon is asking such a simple question that he would wrap up in 'anti-government' rhetoric any other day of the week... and the saviour is the new user startedone :rolleyes:

Not anti-goverment but, pro-government in a Court of Record, U tink?

persons should not commit fraud on the court, should they?
 
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Dillon

Senior Member
He wants to argue that he is not bound by the laws that the rest of Society is.

Bouvier's Law Dictionary states that SOCIETY means:

A society is a number of persons united together by mutual consent, in order to deliberate, determine, and act jointly for some common purpose.

a society is a voluntary association, but you knew that?
 
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