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Can a court 10 years later say we went thru our records and you didnt pay a fine 10 years ago. I know we did.

Lockport, NY |

I know this fine was paid. But I dont have a receipt any longer. I just finished paying all my back fines to finally get my license back. Now all of a sudden this court says I didnt pay 10 years ago.It was not on the DMV reports, because as I said we just got them and paid everything. They also stated there was a $250.00 bail that was revoked and the state kept this money. I know we paid this fine because my mother and stepfather paid all my fines back then so I could get my license back, but 10 years later we have no receipts.If they can do this now what is stopping them from doing this to all people. How many would have receipts from 10 years.

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Attorney answers 6

Posted

Unfortunately, this happens more than you think

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Michael J Palumbo

Michael J Palumbo

Posted

Happens all the time

Posted

This can happen. Be careful because if you don't pay the court may issue a bench warrant or enter a civil money judgment against you. I don't think a court fine has anything to do with DMV.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Michael J Palumbo

Michael J Palumbo

Posted

The court notified the DMV of an unpaid fine and the DMV suspended his license. Now, he has to re-pay the fine and a suspension lift fee or move the court to dismiss. However, I think he would still have to pay the suspension lift fee. All I do is traffic ticket defense you have no idea how some of the 1,300 + justice courts work out there just making it up as they go along!

Posted

Unfortunately it happens.

Posted

You raise an excellent point. Unfortunately, they are holding your license hostage. Pay now and fight later. good luck!

Michael J Palumbo

Michael J Palumbo

Posted

You would think that after 10 years they would have the common sense to just dismiss the case sue sponte if they were so negligent in the operation of their court that they did not realize for 10 years that a person failed to pay a fine. But these tiny justice courts are little fiefdoms and power corrupts - absolutely!

Posted

This happens all the time. Make a written motion to the prosecutor and file it with the court to dismiss the case on grounds of extoppel and equity. If they deny the motion appeal the decision to the appellate court. Or, you can just re-pay the fine and move on with your life.

Posted

Depending how you paid, you can find proof whether from a bank or post office if you got a money order. Ask the state for proof it is owed. Hire a lawyer today to protect your legal rights.

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