"Ask the Judge" Column continues in Sunday's La Prensa, 9-18
Ask the Judge: Show up to Court on your court date
By Judge Steve Walker
Every week for the past 28 weeks I end my “Ask the Judge” column with the words, “Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
There is a good reason I quote these words. If you don’t show up on your court date for traffic violations, expired stickers, invalid driver’s licenses, no insurance, or the like, the repercussions could cost you as much as four or five times more in fines than the original offense.
Warrants are issued, warrant fees are assessed, a 30 dollar Omni fee is added, not to mention the Linebarger (collection agency) penalties that account for an additional thirty percent cost as well as court costs. The amount adds up quickly. Sometimes some defendants have outstanding warrants that go back three, four or more years which compounds the fines left unpaid.
When I ask defendants why they didn’t show up on their original court dates their answers range from “I didn’t have any money” to “I forgot,” “I misplaced the ticket” or they shrug their shoulders. Showing up on the original court date and pleading for mercy from the court is a much better alternative. The court will allow defendants time to pay and even set up a payment plan if necessary.
Unfortunately those answers or responses are unacceptable and the result may end in the defendant being taken into custody and transported to the Bexar County Detention Center where they are booked where they either come up with the fines or they are incarcerated until they work them off at a normal rate of $50 per day. A $600 balance for example could net you 12 days in detention.
If in an eviction with a monetary judgment the defendant fails to show, the defendant is automatically evicted and is assessed a judgment that goes on their record. If they don’t appeal in five days their belongings are put out in the street and the defendant loses more that just a judgment.
Of course if the plaintiff fails to show for court the case is dismissed and the plaintiff must re-file and pay a new filing fee at a later date.
In Small Claims Court if the plaintiff fails to show the case is dismissed and the same criteria applies. If the defendant fails to show it is automatic default and the judgment stands unless appealed within 10 days.
In Pct. 2, we cover docket procedures at the beginning of court to expedite the process. Everyone is allowed to defend themselves in an orderly manner.
Once again I will end the column with the words, “Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
Every week for the past 28 weeks I end my “Ask the Judge” column with the words, “Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
There is a good reason I quote these words. If you don’t show up on your court date for traffic violations, expired stickers, invalid driver’s licenses, no insurance, or the like, the repercussions could cost you as much as four or five times more in fines than the original offense.
Warrants are issued, warrant fees are assessed, a 30 dollar Omni fee is added, not to mention the Linebarger (collection agency) penalties that account for an additional thirty percent cost as well as court costs. The amount adds up quickly. Sometimes some defendants have outstanding warrants that go back three, four or more years which compounds the fines left unpaid.
When I ask defendants why they didn’t show up on their original court dates their answers range from “I didn’t have any money” to “I forgot,” “I misplaced the ticket” or they shrug their shoulders. Showing up on the original court date and pleading for mercy from the court is a much better alternative. The court will allow defendants time to pay and even set up a payment plan if necessary.
Unfortunately those answers or responses are unacceptable and the result may end in the defendant being taken into custody and transported to the Bexar County Detention Center where they are booked where they either come up with the fines or they are incarcerated until they work them off at a normal rate of $50 per day. A $600 balance for example could net you 12 days in detention.
If in an eviction with a monetary judgment the defendant fails to show, the defendant is automatically evicted and is assessed a judgment that goes on their record. If they don’t appeal in five days their belongings are put out in the street and the defendant loses more that just a judgment.
Of course if the plaintiff fails to show for court the case is dismissed and the plaintiff must re-file and pay a new filing fee at a later date.
In Small Claims Court if the plaintiff fails to show the case is dismissed and the same criteria applies. If the defendant fails to show it is automatic default and the judgment stands unless appealed within 10 days.
In Pct. 2, we cover docket procedures at the beginning of court to expedite the process. Everyone is allowed to defend themselves in an orderly manner.
Once again I will end the column with the words, “Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.”
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
No comments:
Post a Comment