DuncanAbuse
Junior Member
What is the name of your state (only U.S. law)?
Arizona
On 3/29/1999 I turned up late to the Duncan Court House 20 mins late to my court date. I had received a ticket for "No Mandatory Insurance" To make a long argument with the judge short. I was told he would consider the evidence and respond at a later date.
Here is a transcript from: Public Access Case Lookup
09/27/2010 FARE: COLLECTIONS LTR TYPE 2
08/26/2010 FARE: COLLECTION LTR TYPE 1
12/17/2009 FUND: FARE DELINQUENCY FEE
12/17/2009 FUND: FARE FEE SPEC COLL
12/17/2009 INFO: ASSIGNED TO FARE
03/29/1999 APPEARANCE
03/29/1999 CV TR HEARING HELD
03/29/1999 ENTRY OF DEFAULT JUDGMENT
03/29/1999 FUND: 1996 SURCHARGES
03/29/1999 FUND: BASE FINE
03/29/1999 FUND: TIME PYMT $20 JCEF
02/24/1999 CERTIFICATE OF SERVICE RECVD
12/16/1998 COMPLAINT FILED-UNIFORM CITATN
Clearly I'm now 11 years later being contacted by FARE (otherwise known as MSR) to collect the $500+ for the civil fines.
My question is do I still have to pay after all this time has passed? According to ARS-28-1601 Failure to pay civil penalty; suspension of privilege to drive; collection procedure, Section (C)
C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following 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.
I have met all 5 of the required items. From what I can read the Disposition of "Failure To Appear" does not change the fact that this is a civil violation.
So my question to the group is do you agree or disagree with my assessment of the law and my finding that the Arizona FARE program can no longer collect on this civil violation.
The current threats are that the Arizona Supreme court will suspend my license and they will Garnish my wages. Which leads to an additional question, how could a collection agency import a collection account into California to garnish wages if the State won't recognize out of state judgments after 4 years? Are these just empty threats? Sorry I don't have a ton of history in dealing with collection agencies.
Please let me know if you have any further questions...Thank you in advance for any and all responses.
On a side note...I'm wanting to fight this because I was actually was insured. And the only reason I was late in the first place was a fatality accident added an unforeseen hour onto my trip from Phoenix to Duncan.
Arizona
On 3/29/1999 I turned up late to the Duncan Court House 20 mins late to my court date. I had received a ticket for "No Mandatory Insurance" To make a long argument with the judge short. I was told he would consider the evidence and respond at a later date.
Here is a transcript from: Public Access Case Lookup
09/27/2010 FARE: COLLECTIONS LTR TYPE 2
08/26/2010 FARE: COLLECTION LTR TYPE 1
12/17/2009 FUND: FARE DELINQUENCY FEE
12/17/2009 FUND: FARE FEE SPEC COLL
12/17/2009 INFO: ASSIGNED TO FARE
03/29/1999 APPEARANCE
03/29/1999 CV TR HEARING HELD
03/29/1999 ENTRY OF DEFAULT JUDGMENT
03/29/1999 FUND: 1996 SURCHARGES
03/29/1999 FUND: BASE FINE
03/29/1999 FUND: TIME PYMT $20 JCEF
02/24/1999 CERTIFICATE OF SERVICE RECVD
12/16/1998 COMPLAINT FILED-UNIFORM CITATN
Clearly I'm now 11 years later being contacted by FARE (otherwise known as MSR) to collect the $500+ for the civil fines.
My question is do I still have to pay after all this time has passed? According to ARS-28-1601 Failure to pay civil penalty; suspension of privilege to drive; collection procedure, Section (C)
C. Notwithstanding subsection A of this section, the court shall not initiate collection procedures on an unpaid civil penalty, notify the department to suspend a person's driver license, permit or privilege to drive a motor vehicle in this state or notify the department to refuse to renew a vehicle registration for an unpaid civil traffic violation if all of the following 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.
I have met all 5 of the required items. From what I can read the Disposition of "Failure To Appear" does not change the fact that this is a civil violation.
So my question to the group is do you agree or disagree with my assessment of the law and my finding that the Arizona FARE program can no longer collect on this civil violation.
The current threats are that the Arizona Supreme court will suspend my license and they will Garnish my wages. Which leads to an additional question, how could a collection agency import a collection account into California to garnish wages if the State won't recognize out of state judgments after 4 years? Are these just empty threats? Sorry I don't have a ton of history in dealing with collection agencies.
Please let me know if you have any further questions...Thank you in advance for any and all responses.
On a side note...I'm wanting to fight this because I was actually was insured. And the only reason I was late in the first place was a fatality accident added an unforeseen hour onto my trip from Phoenix to Duncan.
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