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Failure to Appear or Pay

What is a Failure to Appear?

When you sign a ticket you are promising to appear on or before the date at the bottom of the ticket. If you fail to go to court or pay the citation by the due date, you may be guilty of a misdemeanor, be subject to increased bail and/or a driver’s license suspension. Any unpaid amount may be referred to the Franchise Tax Board for Collection.

What is a Civil Assessment Fee?

If you fail to go to court or pay the citation by the due date a Civil Assessment fee of up to $100.00 may be added to your case. Avoid additional fees by taking care of your case on time.

You may petition the Court to vacate or reduce the Civil Assessment fee if the failure to appear or failure to pay was due to one of the following reasons:

·         Active Military Duty

·         Hospitalization of self, dependent or immediate family

·         Death of dependent or immediate family member

·         Incarceration

·         Other- Extraordinary Reason

 

You must provide sufficient documentation to the court that clearly demonstrates a good cause under section 1214.1(b) for the failure to appear or failure to pay.

Examples of supporting documentation include:

·         Appropriate military orders for active service

·         Proof of admission or discharge from a hospital

·         Death Certificates and proof of relationship to the deceased

·         Proof that you were incarcerated (release or remand records)

·         Other information regarding your extraordinary reason.

How do I petition the Court to vacate the Civil Assessment?

1. Fill out and complete the Civil Assessment Petition and Order (SUP CRT 1121)

Provide documentation that covers the Failure to appear or Failure to pay time period in question.  (The petition may be denied if proof is not attached to your petition.)

2. File the Petition with supporting documentation, with the corresponding Court Location. See the Court location listed on the bottom of your citation or courtesy notice.

3. Once filed, your petition will be referred to a Judicial Officer or Authorized Designee for decision.

4. You will be notified of the Courts decision by mail or email.

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