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Old 01-11-2020, 01:00 PM   #1
Leaf Dee
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Default Can a court clerk change details on courtesy notice?

California

Can a court clerk change details on a courtesy notice? I had called the court and spoke to a supervisor as i hadn't received any Correspondences for the trial by written declaration for a speeding ticket. She stated everything was sent to the address on the citation which was my old address. This didnt make sense since I had received a the courtesy notice from the court at my current address. I asked her what was the 1st letter they mailed, which she confirmed was the courtesy letter. I asked her to email me a copy of the 1st letter that they sent, she asked why what will that do, to which i responded I want to see where they sent it. She put me on hold for 10-15 minutes and emailed me the letter. It was the same courtesy letter I had in my hand, HOWEVER, she ALERTED the ADDRESS to my OLD address before she emailed it to me. I asked her for her name and position and advised her my call is recorded and asked her if she altered the letter before she sent it to me as I was holding the original in my hand which was sent to my current address. She DENIED doing so and promptly disconnected the phone.

Is this legal? What are my options as I still do not have the documents and the court date is on February 3rd, and she denied giving me an extension even though I still have not received the documents which they say they mailed out in December. Each time I called in, I was given different information of when the letter was mailed out by the employees. I was told it was mailed out on December 19th on one occasion and on another occasion they stated it was mailed out on December 22nd by a different employee. Another employee stated it was delivered on December 22nd and she could see it delivered in her system but would not provide me any details when i asked her for further details as to what proof or tracking she had of the delivery and then put me on hold and disconnected the call. To date i have not received the documents, what can I do in regards to my ticket? And what about about what the clerk did by altering the courtesy notice?
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Old 01-11-2020, 04:19 PM   #2
adjusterjack
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Default Re: Can a court clerk change details on courtesy notice?

What documents are you waiting for?
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Old 01-11-2020, 05:04 PM   #3
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Default Re: Can a court clerk change details on courtesy notice?

these docs I would assume



What happens in a trial by written declaration?
...means that instead of going to court to contest your case, you and the officer file statements and any evidence in writing.

Evidence may include:

The "Notice to Appear" ticket;
A business record or receipt;
A sworn declaration of the citing officer;
A written statement or letter signed by the defendant; and/or
Any written statements or letters signed by witnesses.
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Old 01-12-2020, 09:40 AM   #4
Mack10
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Default Re: Can a court clerk change details on courtesy notice?

Quote:
Originally Posted by Leaf Dee View Post
California

Can a court clerk change details on a courtesy notice? I had called the court and spoke to a supervisor as i hadn't received any Correspondences for the trial by written declaration for a speeding ticket. She stated everything was sent to the address on the citation which was my old address. This didnt make sense since I had received a the courtesy notice from the court at my current address. I asked her what was the 1st letter they mailed, which she confirmed was the courtesy letter. I asked her to email me a copy of the 1st letter that they sent, she asked why what will that do, to which i responded I want to see where they sent it. She put me on hold for 10-15 minutes and emailed me the letter. It was the same courtesy letter I had in my hand, HOWEVER, she ALERTED the ADDRESS to my OLD address before she emailed it to me. I asked her for her name and position and advised her my call is recorded and asked her if she altered the letter before she sent it to me as I was holding the original in my hand which was sent to my current address. She DENIED doing so and promptly disconnected the phone.

Is this legal? What are my options as I still do not have the documents and the court date is on February 3rd, and she denied giving me an extension even though I still have not received the documents which they say they mailed out in December. Each time I called in, I was given different information of when the letter was mailed out by the employees. I was told it was mailed out on December 19th on one occasion and on another occasion they stated it was mailed out on December 22nd by a different employee. Another employee stated it was delivered on December 22nd and she could see it delivered in her system but would not provide me any details when i asked her for further details as to what proof or tracking she had of the delivery and then put me on hold and disconnected the call. To date i have not received the documents, what can I do in regards to my ticket? And what about about what the clerk did by altering the courtesy notice?



Write a letter to the court explaining you do not have the documents yet. No need to be too accusatory, just say a mix-up seems to have occurred.
BTW it is generally not legal to record a call in CA unless the parties are informed before the call recording begins--and they all agree.
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Old 01-22-2020, 06:14 AM   #5
Lexus
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Default Re: Can a court clerk change details on courtesy notice?

The courtesy notice should contain at least the following information:
An appearance date, time, and location;
Whether a court appearance is mandatory or optional;
The total bail amount if forfeitable;
The procedure required for remitting bail;
The plea-by-mail option in infraction cases and the number of appearances required where trial is requested;
The consequences of failure to appear; and
A telephone number to call for additional information.
Additional information in courtesy notice Courts should provide additional information in the courtesy notice, as appropriate, including the following:
Informal trial, trial by declaration, traffic violators' school, and telephone scheduling options; and
Correction requirements and procedures.

Has the above all complied in the courtesy notice you have received?
Since you know the Court Appearance date/Trial date, it would be better to go to the Court with an attorney and inform the court that you haven’t served with the relevant documents. If you need you can request the court to postpone the date.

If you want to file a complaint about Court clerk, complain to the head clerk of the court, and the head judge of the courthouse in writing and notarize it, and send it by certified mail. Never complain verbally because they will just arrest you for disorderly conduct, or disturbing the peace, both of which are unconstitutional because those laws are so excessively vague that it leaves a prudent person without sufficient knowledge to know just what conduct is restricted.

Last edited by Lexus; 01-23-2020 at 04:32 AM.
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