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I have so excited court costs of approx $350 from an

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I have so excited...

I have so excited court costs of approx $350 from an Incident in 2007 that I was not aware of. I moved shortly thereafter and didn't get the notice(s). I'm being told now that I have for es totally over $5,300. I called the court house and they said I need a document to explain to the judge what I'd like him to do. Namely, reduce the fines.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Texas. But it's not a real estate situation.

Lawyer's Assistant: Has any paperwork been filed?

Do you mean to request a court date to discuss the fines? If so, no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Dont think so. Thanks

Submitted: 11 months ago.Category: Legal
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Answered in 1 hour by:
9/21/2017
Lawyer: Dwayne B., Attorney replied 11 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Lawyer: Dwayne B., Attorney replied 11 months ago

Is there a specific question with which I could assist?

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Customer reply replied 11 months ago
I called the court house to explain I never got the notices that I owed the court costs as I moved shortly after my trial. They said I need to prepare a document of some sort for the judge. I want to request a reduction or elimination of the $5,000 in fines. My understanding is I would have to present to a judge. What is the process? Do I need to request a court date? If so, what is required to be filed to do so?
Lawyer: Dwayne B., Attorney replied 11 months ago

You would have to prepare, or have prepared, a Motion to Vacate Judgment, a Bill of Review, or a Writ of Error. However, to know which one to use, or to determine if you can use all three, you're going to need a local lawyer to review all of the court's file as well as to do an in person interview afterwards. These are all very complicated, seldom used, and will require extensive briefing.

Those are the only methods that even have a chance of working since the trial court has lost jurisdiction to hear any other type of motion or pleading.

You, or your attorney, would need to prepare the pleadings, prepare a brief in support of each of the pleadings, serve a copy on the other side of your case, then set the matter for a hearing (notify the other side of he hearing date), and then have the hearing. These are very complex hearings and must be presented exactly right including responding to the other side's arguments against you. This is probably the hardest part because you have to understand the rules and the law in enough detail to react to the arguments of your opponents immediately.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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