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re: I'm taking legal action against the Office of Motor Vehicles

Posted on 11/9/24 at 8:33 am to
Posted by WDE24
Member since Oct 2010
54836 posts
Posted on 11/9/24 at 8:33 am to
quote:

I wish I'd had a choice in the matter of Social Security, considering how much I've paid into it over the years
Again, not having a Social security number doesn’t except an employer or employee from SS taxes. He’s just talking a pointless stand. Not having a SS# just makes his kid mostly unemployable in the US.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 8:34 am to
quote:

I guess anything is possible but that’s not what’s happening here. No one is trying to avoid paying federal income taxes, myself included.


Then explain this

quote:

I chose not to register my son with the federal government retirement plan at birth because it was “easier for me”.


Why would he ever choose to pay 7.5-15% of his income tax over his working life while excluding himself from SS?
Posted by eitek1
Member since Jun 2011
2757 posts
Posted on 11/9/24 at 8:35 am to
quote:

Did you ask him if he wants to get a SSN so he can get his permit before deciding to sue the gov? How long will it take for the suit gets resolved?


I have asked. He’s not once said “dad, let’s just go get my social security number”. If he did, that would be a different discussion.

He’s behind this.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 8:35 am to
quote:

C'mon, It'd be fun for you. Just give us a play by play of how it turns out for the OP.

I'm not getting disbarred for pulling a Rudy G

quote:

And while you're at it... at least get the OP's son an SSN so he can avoid this nonsense in the future.

Lucky for him, I don't ask clients their SSN at intake and avoid having it in my filing unless absolutely necessary (and even then I just try to limit it to the last 4)
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 8:36 am to
quote:

He’s behind this.

He's behind making his life incredibly difficult to pay taxes his entire life for SS/Medicare, specifically to avoid getting any SS/Medicare benefits in the future?
Posted by eitek1
Member since Jun 2011
2757 posts
Posted on 11/9/24 at 8:37 am to
quote:

Good. He would not be able to drive to get there.


This post was edited on 11/9/24 at 8:38 am
Posted by WDE24
Member since Oct 2010
54836 posts
Posted on 11/9/24 at 8:37 am to
quote:

This is the important paragraph…
Which deals with alien individuals that do not have SS#s. The last sentence should be more clear, but it likely won’t be read out of context by the court like you are hoping.

I’ll bet your lawyer already told you this and required a pretty significant retainer.
Posted by eitek1
Member since Jun 2011
2757 posts
Posted on 11/9/24 at 8:39 am to
quote:

Which deals with alien individuals that do not have SS#s. The last sentence should be more clear, but it likely won’t be read out of context by the court like you are hoping.


I’m glad you pointed that out. It’s also the only part of the DMV law that mentions a requirement for a social security number. If that section only applies to alien individuals, then my son must be exempt.

Right?
Posted by rocksteady
Member since Sep 2013
2324 posts
Posted on 11/9/24 at 8:40 am to
quote:

He’s behind this.


Because of your stupid arse
Posted by Ed Osteen
Member since Oct 2007
58819 posts
Posted on 11/9/24 at 8:40 am to
quote:

What a shitty take, he made the decision and said his son can go get one if he wants.


Well only if his son takes the bus
Posted by tigerfoot
Alexandria
Member since Sep 2006
60620 posts
Posted on 11/9/24 at 8:41 am to
quote:

didn’t used to be that way. They didn’t require it 15ish years ago. What changed? Can anyone answer that?
because historically, like in my day, ss numbers were generally not had by many until their teen years, and required a trip to an agency to get em. Now you have the paperwork filed at birth, it is mailed to you at about the same time as the birth certificate

They figured, why the hell not, there is no issue that should preclude a rational human from obtaining it quick and easy prior to leaving the damn hospital

Now that we all have em so easily, except one it seems, just streamline the app process.

Posted by WDE24
Member since Oct 2010
54836 posts
Posted on 11/9/24 at 8:42 am to
quote:

If that section only applies to alien individuals, then my son must be exempt. Right?
Your understanding of the law is bad. I haven’t researched the issue, but your amateur attempts at legal reasoning and logic are making me less and less confident in your chances here
This post was edited on 11/9/24 at 8:43 am
Posted by Galactic Inquisitor
An Incredibly Distant Star
Member since Dec 2013
18452 posts
Posted on 11/9/24 at 8:45 am to
Sovereign Citizens are next level mental gymnasts
Posted by Gravitiger
Member since Jun 2011
12169 posts
Posted on 11/9/24 at 8:48 am to
quote:

I have asked. He’s not once said “dad, let’s just go get my social security number”. If he did, that would be a different discussion.

He’s behind this.
I'm sure you've given him a complete, unbiased explanation of the benefits and consequences.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 8:49 am to
quote:


Sovereign Citizens are next level mental gymnasts


I am the legal representative of DEFENDANT. I am not the legal entity known as DEFENDANT, held by the state in all capital letters. I am not the all capital fiction. Under which jurisdiction do you bring this case? Common law or maritime law?
Posted by BigBinBR
Baton Rouge
Member since Mar 2023
9165 posts
Posted on 11/9/24 at 8:51 am to


quote:

SOCIAL SECURITY REQUIREMENT
• All applicants eligible for a social security number must provide the assigned number when applying for a driver's
license. Although the Social Security Number will not be displayed on the face of the license, that number must be
entered in the department's internal records.
• Any alien residing in Louisiana who does not possess and is ineligible to obtain a social security number shall be
required to furnish a letter from the Social Security Administration stipulating they are "ineligible" or that they "have not
been issued" a social security number for a Class D or E driver's license.
• In order to comply with the Military Selective Service Act, R.S. 32:40:1321(D)(1), the Social Security Number is
required from all male US citizens or immigrants age 15 to 26 who apply for a driver's license. Failure to provide the SSN
will result in the denial of issuance.
Expresslane.org



Further a driver's license is not a right. You keep mentioning "federal law." The Federal law is about freedom of movement:

(1) the right to enter one state and leave another (an inherent right with historical support from the Articles of Confederation),

(2) the right to be treated as a welcome visitor rather than a hostile stranger (protected by the "Privileges and Immunities" clause in Article IV, § 2), and

(3) (for those who become permanent residents of a state) the right to be treated equally to native-born citizens (this is protected by the 14th Amendment's Privileges or Immunities Clause; citing the majority opinion in the Slaughter-House Cases, Justice Stevens said, "the Privileges or Immunities Clause of the Fourteenth Amendment . . . has always been common ground that this Clause protects the third component of the right to travel.").


The state isn't restricting your movement because you want to travel by car.
quote:

A rich man can choose to drive a limousine; a poor man may have to walk. The poor man's lack of choice in his mode of travel may be unfortunate, but it is not unconstitutional." Monarch Travel Serv. v. Assoc. Cultural Clubs, 466 F.2d 552, 554 (9th Cir. 1972)


Posted by eitek1
Member since Jun 2011
2757 posts
Posted on 11/9/24 at 8:58 am to
You are correct, per the case you stated at the bottom.

If the state law doesn’t prohibit them from denying him a license then surely the federal law will.

“(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.

This is what is specifically referenced in the state law as well.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 8:59 am to
explain this

quote:

I chose not to register my son with the federal government retirement plan at birth because it was “easier for me”.


Why would he ever choose to pay 7.5-15% of his income tax over his working life while excluding himself from SS?
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465257 posts
Posted on 11/9/24 at 9:00 am to
quote:

If the state law doesn’t prohibit them from denying him a license then surely the federal law will.

“(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number.



You left something out.

quote:

(2) the[330] provisions of paragraph (1) of this subsection shall not apply with respect to—

(A) any disclosure which is required by Federal statute, or

(B) the disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.


Just some free legal advice, if you try this selectively-edited dishonesty in an actual legal brief, you are opening yourself up to sanctions from the court.
This post was edited on 11/9/24 at 9:01 am
Posted by VABuckeye
NOVA
Member since Dec 2007
38283 posts
Posted on 11/9/24 at 9:00 am to
quote:

…if I start benefits at 65 and live another 15 years after that I will receive $625,000 in SS income less taxes


Bingo. I'll start taking SS at FRA. Between my wife and I we'll get about $6k a month. Add that to my investments and I'll have a very nice income inretirement and may not need to touch principle until RMD kicks in at 75. I'm working now to minimize my RMD because that's where older people get screwed on taxes.
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