What to Do if You are Defaulted After a Court Doesn't Receive Your TBWD

[theglutster]

My question involves a traffic ticket from the state of: California.

On 09/22/2016, I received a ticket for "crossing against a red phase trilight" to which I chose to contest by writing a trial by declaration. Once I got my letter explaining my fine and my options, I opted for "Trial by Declaration" in the letter and sent off a check for the full fine amount due along with it a few days later. I then received my Trial by Declaration form, signed it, along with my letter, and sent it back. However, I was then slapped with a $720 fine stating that I failed to appear in court and now the DMV also placed a hold on my driver's license.

The letter was obviously sent in error but despite the print at the top stating that I should contact the courthouse if I received this notification "in error," I could not find a way to speak with an actual person over the phone to communicate this, so my only option was to go to court for arraingment. Is there any other way that I can take care of this without having to go to court without having to take time off from work? I did everything I was supposed to.

At this point, I just want the whole ordeal to be over and for this new additional $720 fine to be dropped.

Thank you so much in advance.

[Mr. Knowitall]

The first thing you need to do is find out whether or not your TBWD was received and processed by the court. If it was not, then you're going to need to get the default set aside, and it will be difficult to accomplish that without a court appearance.

Did you send your TBWD by certified mail, or with delivery confirmation?

[theglutster]

The first thing you need to do is find out whether or not your TBWD was received and processed by the court. If it was not, then you're going to need to get the default set aside, and it will be difficult to accomplish that without a court appearance.

Did you send your TBWD by certified mail, or with delivery confirmation?

I sadly did not send it by certified mail or delivery confirmation. Lesson learned. Is this the default set aside form you are referring to? Should I fill out and bring to court with me?

Thank you for your help.

I should also add that the court did cash my initial check with the full amount of the original fine and I have proof of this.

[Jim Kozlovich]

There is something wrong here. When you do a TBD you are required to also post the full bail amount. The reason for this is that if you are found Guilty, they already have your money and the process ends.

There is no $720 civil assessment. The $720 fine should be based on a civil assessment of $300 for your failure to appear and your red light violation which was apparently $420. When you do a TBD you need to post the full bail amount ($420) at the same time.

There is no reason the court should have assessed this $300 civil assessment; they should have just ordered your bail fortified.

Unfortunately there is no easy answer here; you're just going to have to work it out with the court.