20 Responses to “How to Write A Petition to Vacate Civil Assessment Under Penal Code Sec 1214.1”

1. Traffic Court Blog.com » Blog Archive » How to Fight a Civil Assessment Fine in Traffic Court When You Can’t Get a Court Date March 6th, 2010 at 5:53 pm

   [...] Articles:  How to Fill Out a Petition to Vacate Civil Assessment Form (Penal Code section 1214.1) |  How to Appeal a Traffic Court [...]

2. Carol April 12th, 2010 at 6:17 pm

   hello, Im new with this website but i find it very informative. I recieved a speeding ticket and now its about a month past my due date. I got a second notice last week in the mail stating that there was a civil assessment fee of $315 added to my ticket and now its over $550. I was only given less than 10 days to pay in full (but im sure the court can work a payment plan with me, right?) but i refuse to pay the civil assessment fee. Its so unfair! However in my first notice of my citation, it did say a civil assessment fee will be added if i didnt pay by its due date. But at the time i didnt knowledge what that was. Im just so stressed out about this. I live in San Joaquin county, California. My question is if the petition to vacate civil assessment form guaranteed to be available at any court house? I hate to go to my local court and ask for it and the court clerks wont know what forms im talking about. I want to take your advice on petitioning the civil assessment and I will definetly follow the 3 reasons you stated. Im not really familiar with the whole process but It does makes sense, i just hope it will work out for me. Thanks!

3. Christopher Dort April 14th, 2010 at 4:37 pm

   Carol, Every court makes up their own version of a Petition to Vacate Civil Assessment Form”. There is no uniformity. They really do just make it up. You can write up your own petition making the same arguments. Make sure your case # and name are on it, and get the court clerk to file it and give you a file stamped copy

4. Bill W. April 14th, 2010 at 5:59 pm

   Mr. Dort your a genius. After reading penal code 1214.1 several times, I come to realize that I was never given a 10 day notice of the civil assessment. Just like Carol mentioned above, they only sent me the first and second notice. Never the “warning notice” which would of gave me the knowledge. I was close to making payments today on my ticket until I read your article. Now I’m thinking about going to the courthouse to set a pre-arranged court date. Will there be a court fee whether I loose or win? And when does the “warning notice” suppose to be mailed to you? Is it after having a non-payment or failure to appear by the due date?

5. Christopher Dort April 21st, 2010 at 5:04 pm

   Bill, the 10 day warning notice is supposed to be mailed at least 10 days before they impose a civil assessment (Penal Code section 1214.1(b). The court can send it out anytime after they believe a court date was missed. Usually going to court produces better results on a failure to appear case than just sending in money.

6. Phillip May 29th, 2010 at 1:59 am

   I received a civil assessment on my unpaid ticket today. I have the funds for the original amount ticketed ($260) but am unable to pay the $560 asked (when including the C.A. charges). What are the chances of getting the civil assessment removed when filing the above vacate form with the information provided?

   There is a warning attached saying that additional fees may be tacked on if payment isn’t made within 10 days (after filing the vacate form is this rule still in effect?). How long will it take to find out if the civil assessment is removed or not?

   I go to school full time and work nearly full time and simply got the due dates mixed up for the ticket. I doubt the collection unit will give much thought to that though.

   Thanks for your help

7. Christopher Dort May 31st, 2010 at 3:43 am

   Phillip,

   You need to go to court within that 10 day period to have a court date to avoid the civil assessment. If they will not let you have a walk in court appearance, fill out and file my for Demand for Trial Form. Dont be too concerned with the civil assessment. The real problem is the drivers license suspension that comes with it.

8. phillip June 2nd, 2010 at 12:18 am

   Wanted to update. I went to court today [to challenge] the civil assessment [by arguing that the assessment violated PC 1214.1 (b) and 1214.1(d)]. The judge simply said “you did receive a notice” even though I did not and said if I wanted to fight it I would lose. He did however lower the civil assessment by $200.

   Not too shabby but it’s clear that they just want a stream-lined way of getting money as he rushed people out of there like all hell broke loose.

9. Christopher Dort June 8th, 2010 at 8:25 pm

   Phillip, thank you for the update. It probably will help others with the same problem.

10. Richard June 15th, 2010 at 10:29 pm

    Hi Mr. Dort,

    I had a case in Sacramento. The original citation was eventually dismissed. However, the Court is now trying to collect on the civil assessment.

    I have requested a copy of all correspondence and filings related to my case, and have received a response from the clerk. There is no record that the Court sent the notice required by PC 1214.1(b). I have also filed (on May 28), a petition to vacate the civil assessment. The petition argued that no such notice was received, and that the Court has produced no evidence or statement that the notice had been sent. So far I have not heard a response.

    I want to continue pressing the issue, as I suspect that the Court will simply ignore my petition and continue to try to collect the assessment, possibly damaging my credit or suspending my driving privilege in the mean time.

    I have read 1214.1(d), and found the part of the CCP which relates to the collection of civil money judgments. However, I am unable to find the appropriate code relating to defense of the same. I note that CCP Title 13 gives me the right to appeal a judgment. Is this my only remedy? If so, in which court would I file an appeal? If I have additional remedy, can you provide additional reference that would help? Is there a section of the CCP that deals with defense of judgments, or that spells out the “Due Process hearing rights that attach to ‘civil judgments’ generally?”

    Thanks for the information you’ve posted on your blog. It’s been really helpful. Any additional pointers you can provide will be equally appreciated.

    -Richard

11. Christopher Dort June 17th, 2010 at 6:21 pm

    Richard,

    Whoo Hoo! Yea! Finally a well written question on the best way to fight an unfair Penal Code section 1214.1 civil assessment in a California Traffic Court. (Sorry, had to get all of the key words in there). Answer:

    If there is no Evidence of Notice as Required by Penal Code section 1214.1(b):
    You need to 1) request the court vacate the civil assessment because you did not get a PC 1214.1(b) 10 day notice. If the court denies this request, you can appeal this denial. To start the appeal, you must file the Notice of Appeal Form within 20 days. File it in person, get prof you filed it. For more info on how to file a Traffic Court Appeal, see my article on Appeals

    Right to Challenge a Civil Assessment (Penal Code section 1214.1(d):

    This is a tougher issue, and as far as I know no one has challenged it yet. Here is what is going on - due to attempts to refine the traffic court system, the courts are now treating fines as CIVIL PENALTIES, not criminal penalties. Because it is a civil penalty (meaning that no loss of freedom involved if you do not pay), the court only needs to provided limited “Due Process” rights to comply with the US Constitution, Amendment 5, and 14. But they still have to provide some Due Process, otherwise there would be an unlawful government taking in violation of the US and State Constitutions. If the government is taking your money, they have to provide some Due Process. The Constitution requires it.

    So, with a Civil Assessment, the Due Process that the law provides for is that of a “Civil Judgment Generally”, which should mean that you have the same options you would have if someone sued you for a car accident and you lost a trial and suffered a civil judgment. These options are (if I lost here is what I would try): Motion to Vacate Judgment, Motion to Reconsider Ruling, and anything else you can think of.

    As far as I know, no one has yet tried to challenge a Civil Assessment with a real Motion to Vacate Civil Judgment. Part of the reason is that the courts try to make you use their local “Petition Form”, but this is only 1 type of challenge you can make to a “Civil Judgment”.

    The reason I have not ever done a full blown challenge is that I have never has a civil assessment myself, and no one has yet been willing to pay me to do the work. It’s just a $300 problem, and no one wants to pay me $2000 to fight it to the supreme court. Maybe a group of you can get together and share the cost of a huge appeal?

    That is why the courts are getting away with it. It’s like if the DMV ends you a bill for $100 for nothing. How much of your life are you going to devote to those meatheads????

    The remedies for challenging a civil judgment are in the Code of Civil Procedure. If I were doing the work, I would start by looking at an Annotated Version of the CCP, check the index for “Judgments”, then sub category “Remedies”. Then, with an annotated code, you can look at summaries of the cases that have decided issues under those remedies - such as Motion to Vacate Judgment Due to Lack of Evidence”.

    You can also go to the local law library and ask for a Practice Guide on Civil Litigation. A goo one would be the Rutter Guide on Personal Injury. Then, in the index, look up Judgment Remedies.

    If you know that the court is going to deny your Motion to Vacate Judgment, and you are going to appeal, all you have to do is make the arguments (raise the issues) with the traffic court and get proof they denied your request.

    You can just file a simple paper that states: “I move to vacate this Penal Code section 1214.1 judgment under authority of Penal Code section 1214.1(d) and [insert Code of Civil Procedure section that allows Motion to Vacate Judgment] on the grounds that: 1) I have reviewed the court’s file and there is no evidence that the court complied with 1214.(b); and 2) this is an illegal government taking in violation of the 5th and 14th amendments.

    Then, you have to create a separate document titles a “Declaration” that states under penalty of perjury that you did not receive the notice, that there is no evidence of the notice in the court file, and that your case was dismissed.

    You can write this up yourself. Just get it filed, then plan on appeal.

    And if you can just get a Remedy request filed with the court (like a motion to vacate judgment) - the court has to act on it. Grant or Deny. Once they deny it, you can appeal that denial and have a panel of 3 judges look at the problem from a legal perspective.
    
    Which Court Do I File An Appeal for Traffic Court?

    File the Notice of Appeal with the Traffic Court Clerk in the Courthouse where the case is. The court will send that notice to the court of appeal division in the County Superior Court, and then the Appeal Division Clerk will send you a notice of deadline to file Appellant’s Opening Brief.

    The nice thing about an appeal is that you would have 5,100 words to challenge the legality of how the court(s) is (are) scamming people with a Civil Assessment fee.

    If you want to appeal the Penal Code section 1214.1 Civil Assessment, I’ll guide you through the work for free as much as I can.

    If there are others in Sacramento (or else where) who may want to hire me to do a group appeal, send an email to cdort@dortlaw.com and we will start a list.

    Thank you for the comment.

12. Coni R. July 15th, 2010 at 12:10 am

    Thank you so much for writing this blog. I had a ticket for $100 and I sent a check to the Alameda County Court. Today I was going through some old papers and saw the court paper with my info on it. I decided to check my bank acct. to see if the check was cashed and I could not find it anywhere on my statements. I decided to go to the court and ask if they ever received it. The teller told me they had not received my check and that they had added a late penalty AND a C.A. charge.

    I couldn’t believe that they could charge $300 for a $100 fine. It has been TWO months since my due date and I have never received any notice of anything from them. The teller also informed me that my license had been suspended. I never knew that either! I have been driving around for God knows how long with a suspended license and the court never thought of informing me of this little detail.

    I felt completely hopeless because I barely had enough money to pay the $100 let alone $300!

    I would like to know if all I have to do is Write “1) The Court failed to mail a Penal Code sec 1214.1(b) Warning Notice to the correct address.” on the application to vacate civil assessment.

    Thank you again for the information you have provided.

13. somedude July 19th, 2010 at 9:44 pm

    Dont bother asking this guy anything, he wont respond. He says if you use this technique then you can contact him, but he doesnt reply. Basically good luck with that, i also sent in my check that was never cashed. It’s a mob job, they dont cash your check on purpose to charge you the civil assessment.

14. Christina C. July 20th, 2010 at 3:27 am

    I work in the workers comp industry, and my boss is a workers comp attorney, he told me civil assessments were actually illegal, and that counties were basically just scamming against the citizens of its county to make a grip of money. Not sure if that is true or not. i just got a ticket, i got to court next week i will let you know how i fair!

15. Christopher Dort July 20th, 2010 at 8:10 pm

    Somedude, you’re an idiot. But that’s OK. I deal with idiots all day long.

    I spend at least 5 hrs a week providing professional, licensed answers to people for free. If you really need immediate help on a real problem, maybe you need to hire help? Maybe you should pay for the service you need, rather than expecting something for free. You get what you pay for. But today is your lucky day!

    Here is the answer to your comment: As for sending in a check to pay a fine that was never cashed, that is a common problem. I always recommend that people pay their fines in person and get a receipt. If you sent in a check and never got a receipt, and then later the court says they did not receive your payment - It’s your own fault. Maybe your checked bounced? That is usually the problem in these cases. If you really need to mail in a fine payment because it is impossible for you to go in person and get a receipt, then the correct way to do it is to send immediately available funds (cashiers check or money order) from the post office with Proof of Delivery Requested.

    Just sending a personal check to pay a fine without a way to prove you paid is never a good idea.

16. Christopher Dort July 20th, 2010 at 9:02 pm

    Christina, I assume this is CA.

    Civil Assessments are definitely not illegal - see Penal Code section 1214.1. But what is illegal in my opinion is they way they impose them and prevent people from challenging them as authorized by Penal Code section 1214.1(d). It’s really an issue of Denial of Due Process in violation of the 5th and 14th Amendments and an issue of an illegal government taking.

    I would love to take these issues up in Federal Court on an appeal or Writ. That is the only way to challenge it on constitutional grounds. And I am ready and willing to do it. But unfortunately, I cannot afford to do it for free (because it would take a couple of years of work) and no one with this problem has the money to hire me to do it.

    Maybe some of you can get together and do a group appeal?

17. Grace August 10th, 2010 at 10:18 am

    I am also on the same boat. I am looking into paying my citation, but contesting the additional assessment.

    I will need to know if I can just send my payment for the citation via money order and the petition to vacate the assessment in the mail and get a proof of delivery?

    My next question, by requesting for the court vacate the civil assessment because I did not get a PC 1214.1(b) 10 day notice. Is this good enough reason for them to waive the fee? Did you get any feedback from others that they actually won/ or had their assessments dismissed?

    I appreciate your prompt advise. I will need to take action within the next couple of days.

    Thanks

18. Grace August 10th, 2010 at 10:21 am

    Did anyone ever win using the above request to vacate assessment bec. people you did not get a PC 1214.1(b) 10 day notice? I will need to get your prompt response asap. I only have a couple of days to file my petition.

    Thanks.

19. Jon Dominguez September 2nd, 2010 at 11:22 pm

    I had my ticket dismissed but the judge said I would need to fight my FTA by requesting a jury trial in the misdeameanor office. When I went up there they sent me back down to traffic division and traffic gave me the request to vacate civil assesment form. I want to fight this at least to get in front of a judge as my previous two requests on these forms have been denied. Do I just re-file one of these with the info you gave arguing what you say above. I paid the $655 and got $285 refunded for the ticket but want the other $370 refunded or reduced and removed from my record. I explained to the manager that I thought it was odd I cant have a right to defend myself in court and she said it is not available. This is Fresno County.

20. Christopher Dort September 3rd, 2010 at 1:22 am

    Jon, this is a classic example of a person getting screwed by court employed idiots who do not understand what is going on.

    The judge told you that you have a misdemeanor Vehicle Code 40508a charge.

    With any misdemeanor, you have the right to a jury trial, and a public defender. There is no question about that. But then you went to the court clerk, and she (/he?) treated you like you are not being charged with a misdemeanor and that you do not have the right to a jury trial.

    But the law clearly states a VC40508a is a misdemeanor:

    40508. (a) A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

    You need to get this case back in front of the judge, and if you are charged with a misdemeanor you have the right to jury trial. They cannot convict you of a misdemeanor unless you have a jury trial, or waive your right to a trial in writing.

    What the Fresno County Superior Court traffic clerk was telling you was that if you just pay, they will not treat it as a misdemeanor. They dont understand the law. Almost none of them have a college degree, and none of them are smart enough to go to law school and get a law license.

    That’s just the way it is. You will be lucky if you find a traffic court clerk that speaks English in Fresno, much less one who understands what Due Process rights attach to a Vehicle Code section 40508a charge that on its face- in the statute - is a misdemeanor.

    Ugggh! It makes me so mad to hear these stories. (I have never actually had this problem before myself - but I feel for you!)

    They are not giving you the option to say “Im not guilty!”. They are forcing you to pay illegally by denying you a trial on the VC40508a charge. It’s a scam in my opinion.

    But the problem is small, and it’s not worth the money to fight it through an appeal That is how they get away with the “scam” in my opinion.

    The best way to solve this problem is hire an attorney to get you a misdemeanor arraignment. The second best option is to use my form for getting a trial on a VC 40508a case after a civil assessment. Then appeal if it is denied.

    Form for Requesting Court Date after civil assessment.

    Anyone else with complaints about how the Fresno County Superior Court denies people the right to a trial on a Vehicle Code section 40508(a) misdemeanor can write to me at fresnocomplaints@dortlaw.com and I will publishing them.