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How do I get the tickets out of collections and put back to the clerk of court?

Tampa, FL |

I received about 4 traffic tickets back in 2009 in Florida for no proof of insurance, seat belt violations, no proof of registration, and a speeding ticket. Three weeks after receiving these tickets I was taken to jail for an unrelated crime and spent 3 years in prison for the crime. While I was in prison my driver license was suspended and all the tickets I obtained was sent into collections. The fees on each ticket tripled due to the collection agency. I never had the opportunity to pay these tickets due to being incarcerated for three years and was not allowed the opportunity to fight the tickets in court as most people due. I want to know if there is a motion that I can file in order to have the tickets taken out of collections and sent back to to the clerk of the court.

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Attorney answers 3


You need to hire a criminal defense attorney to locate the 4 tickets, redocket them, motion the court to recall the bench warrants and notify the DOT to recall the suspension, appear and resolve the cases. Once back in court this will stop the collection attempts. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


As Attorney Mascagni stated, you will need to motion the Court. It will be infinitely easier if you hire an attorney to do so. Before you retain counsel, let the attorney know your expectations. You can't always realistically expect to get 100% of what you want. Don't retain an attorney simply because he promises you the best outcome. Specific outcomes (especially the more wonderful ones) can never be guaranteed and a realistic attorney is likely a more effective and ethical one.

The above advice is intended to be educational only. Any legal issue(s) should be brought to the attention of a licensed and qualified attorney in your state of residence. No attorney-client relationship exists or should be construed to exist by virtue of this post.


You received great advice. Start by hiring a criminal defense attorney.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.