Infraction date: 6/22/2009. Court served someone I was living with at the time (that person never told me about the service). Two arraignment hearings on 7/20/2009 and 10/19/2009. Court sent me a letter on 10/10/2012 stating that I owed the state money (first I found about the problem). Court refers the debt to a collection agency and "initiates collection procedures" in late 11/2012 (40 months after infraction). Collection company adds $100 to the fine and threatens to report to the credit bureaus if not paid by late 01/2013. I believe they are in violation of the state's collection procedures stated in A.R.S. 28-1601 (failing to collect within 3yrs.) How do I proceed? I value my credit and it is at risk, can I stop proceedings until I find out is they can legally collect the debt?
Criminal Defense Attorney
You may be right, if all the following factors of A.R.S. 28-1601 (C) apply:
1. The unpaid civil penalty is for a traffic violation for which the final disposition occurs more than thirty-six months before the court initiates collection proceedings.
2. The court does not have a paper or electronic record dated within thirty-six months after the traffic violation occurs indicating that the responsible person was notified that the civil penalty is unpaid and due.
3. The court has not notified the department to suspend the responsible person's driver license or permit or privilege to drive a motor vehicle in this state.
4. The court has not notified either the responsible person or the department about the court's request to the department to refuse to renew the responsible person's vehicle registration pursuant to article 5 of this chapter.
5. The court does not have a record of extending the time for payment of the civil penalty or providing for installment payments.
If any of these don't apply, that statute does not help. You would have to get a complete copy of the court file for this case to determine if all the factors apply, and then file a motion with the court to lift the fine and stop the collections.
You should probably have an attorney help you with all that.
-- Michael Kielsky
Counselor & Attorney at Law
Kielsky Rike PLLC
4635 S. Lakeshore Dr.
Tempe, AZ 85282
Legal Notice & Disclaimer: http://KRazLaw.com/disclaimer
This answer is a general statement of law, did not and could not consider all details of your situation, should not be relied upon as legal advice, does not create an attorney/client relationship. If you found this answer helpful, please click the "thumbs-up" button below this answer.
1 lawyer agrees