Request And Declaration To Vacate Civil Assessment

Superior Court of California, County of Stanislaus Defendant's Request and Declaration to Vacate Civil Assessment (PC 1214.1) Information and Instruction Sheet What is Civil Assessment? A Civil Assessment and fee of $310 is imposed against anyone who does not appear (Failure to Appear - FTA) in court and/or pay a court-ordered fine by the due date (Failure to Pay - FTP). The Civil Assessment is added to and is separate from, any fine and fees connected with your case. You must pay the Civil Assessment even if you are not found guilty on the traffic citation. Can the Civil Assessment be reviewed? You may ask the Court to remove the Civil Assessment if your failure to come to court or pay was due to one of the following reasons: Hospitalization Death Certificate Incarceration Not Person Cited Military Duty Clerical Error Residential Treatment What can I do to have the Civil Assessment reviewed? 1. If your case is not in collections (e.g.; NOT with Franchise Tax Board or MSB) you can fill out the "Defendant's Request and Declaration to Vacate Civil Assessment" form to request a review. 2. Provide a written explanation of the reason you did not appear in court and did not pay, and attach supporting documentation. Examples of supporting documentation include: · Records of admission and discharge from the hospital (the court does not need to know your medical condition); · Court orders to remand into custody/or records of release from custody; · Appropriate military orders for active service · Death certificate 3. If your case is in collections (e.g.; WITH Franchise Tax Board or MSB) you must file a Law and Motion form and a date and time will be given to you to appear before the judge to address your case. What happens after the Application is filed? A Judicial Officer will review your Request and supporting documents. If the Request is granted, the Civil Assessment might be modified or removed. If the application is denied, the Civil Assessment will remain on your case. You will be notified of the Court's decision by mail, as long as you submit your request along with a self-addressed stamped envelope. If this is not provided, a copy will not be mailed to you. It is important that you supply the Court with your correct address and telephone number to ensure you receive the Court's ruling on your Request to Vacate Civil Assessment. Fines, fees and Civil Assessments that remain unpaid will be sent to a collection agency. What if I have a Failure to Appear, but also want to contest my traffic citation? You can appear for Court, on one of the Court's walk-in FTA calendars as follows: Wednesdays 8:00 a.m. and 9:30 a.m. Pursuant to California Rule of Court 4.105(b), you have the option to appear for arraignment and trial without posting bail. Under rule of Court 4.105(c), bail is required to be deposited if you elect to proceed with trial by written declaration without appearing in court (VC 40902) and/or written not guilty plea (VC 40519(a-b)), or elect to pay bail and not contest the citation or appear in court (VC 40510 and 40521). Rev.3.30.16 It is the mission and vision of Stanislaus County Superior Court to provide equal access to justice; serving the needs of our community and organization with integrity, quality, and fairness. American LegalNet, Inc. www.FormsWorkFlow.com Received: / / CA/P By: Both IN DMS Superior Court of California, County of Stanislaus CIVIL ASSESSMENT PETITION AND ORDER CA/T FTB/MSB/COLLECTIONS DEFENDANT'S REQUEST AND DECLARATION TO VACATE CIVIL ASSESSMENT ON FAILURE TO APPEAR OR FAILURE TO PAY ON TRIAL IN ABSENTIA NAME OF DEFENDANT: CASE # IMPORTANT: Written proof of any of the following must be attached and cover the time period in question. HOSPITALIZED RESIDENTIAL TREATMENT INCARCERATED OTHER MILITARY DUTY DEATH CERTIFICATE NOT PERSON CITED The following is an explanation of my failure to appear and/or pay: (Please print) I declare under penalty of perjury that the foregoing statement is true and correct to the best of my knowledge and that written proof is attached to this form. Executed at City and State on __________________________________ Date Address of defendant: Telephone #_________________________ Signature ORDER REGARDING CIVIL ASSESSMENT (COURT USE ONLY) The Court having read and considered the Petition regarding vacating the Civil Assessment pursuant to PC 1214.1(B), hereby makes the following order: Petition to vacate is: ( ) Denied ( ) With prejudice ( ) Granted ( ) Modified ( ) Without Prejudice Date_____________________________ Signature Commissioner Notice: Any fines, fees and Civil Assessments that remain unpaid will be sent to a collection agency. A stamped self-addressed envelope was was not provided. Rev. 3.30.16 It is the mission and vision of Stanislaus County Superior Court to provide equal access to justice; serving the needs of our community and organization with integrity, quality, and fairness. American LegalNet, Inc. www.FormsWorkFlow.com