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I am seeking legal advice on the handling of Civil Summons…

Customer Question
Hello, I am seeking...

Hello, I am seeking legal advice on the handling of Civil Summons on Traffic citations. I am assisting a family member regarding the validity of the citation and the accompanying gines

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I 'm sorry non traffic citations. Washington County Pennsylvania

Lawyer's Assistant: Has anything been filed or reported?

Yes he has had two prior appeal hearings and will be attending his third and final appeal on Oct. 4th

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

I think thimay be enough for me to get started, I hope

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/26/2017
Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,844
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your specific question for us about this (remember we know nothing about what is going on and we are forbidden by state law from representing anyone from this site)?

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Customer reply replied 10 months ago
We hope to get the ruling from the judge that he has attempted to correct the condition of his out building that he was sighted for by local township authorities. The structure, while stand 4 walls remain standing, has no roof, no utlities, and is not of any current use to him. At one time it was a garage 20 years ago. But is currently unused, and roof repaired/removed as was required by the citation. Original citations totaled just under 1,000.00 dollars written in Jan 2017. Now the total is $6000.00. The other immense hurdle is that they are giving him only 6 months to pay the fine. He is disabled, collecting only SS and SS, and food stamps totaling $900.00 per month. We would like first to rid the citations, and if not, allow for longer payment period.
Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

However, I do not understand what your legal basis is for your appeal, as you said you are on your final appeal and in order to succeed at an appeal there must be some legal basis. If your argument is merely he has tried to fix the problem and he has not done so, this is going to be a pretty difficult hurdle to overcome and you would need to negotiate with the prosecuting attorney on this, because all the judge can do without legal basis for the appeal is rule based on just what the law says (they do not rule on something because someone has hardship issues I am afraid) and the facts.

So if you have some legal issues as to why he should not pay we would be happy to discuss those with you.

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Customer reply replied 10 months ago
well I believe ge will have to pay, the pictures show that. How can we arrange for longer term to pay the fines?
Customer reply replied 10 months ago
i believe i read on the citation that there is a process that determines if the defendant is able to pay the fines?
Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Thank you for your reply.

As surviving spouse, if he did take that option on his pension, even though he dies since you are his surviving spouse your benefits would continue under the survivor's benefits provision.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Sorry, we just had a website glitch IGNORE previous reply

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Lawyer: Law Educator, Esq., Attorney replied 10 months ago

The first step is you need to negotiate time to pay with the prosecutor on the case. If the prosecutor does not want to negotiate, then the judge does have authority to give an extended time to pay but they will not give more than usually 60 days. If he has to ask the judge he has to prove that he is destitute and not able to pay at all.

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