Monday, August 13, 2007

Filing a Civil Suit to Collect Monies for Stolen Vehicles

House Bill 2034: Providing a Civil cause of Action for Victims of Motor Vehicle Theft states:

A civil cause of action for car theft is created, allowing a person who is deprived of his or her car because of a violation of one of the car-theft statutes to sue the perpetrator to recover actual damages, as well as civil damages of up to $5,000.00 and the costs of the suit, including reasonable attorneys' fees. Summons must be personally served on the defendant, unless he or she cannot be found after a diligent search, in which case service may be made on the secretary of state. The Department of Licensing must suspend the driver's license of the defendant until all monetary obligations imposed as a result of the lawsuit are paid in full. Mandatory suspension is not required where the defendant has entered into a payment plan with the court.

Legislature has made it possible for victims to recover money from auto thieves for losses suffered as a result of car theft. This is a brand new area of law, and I am searching for victims of theft, who want to get back what they have lost.

Fees and Court Costs

There are fees and costs associated with DUI and other criminal offenses. Depending on your type of sentence or supervised release conditions, you will have to pay these fees and costs in order to comply.

As is, these fees are ridiculous. Corrections is currently asking the court to ratify rate increases.

Below is a list of the fees and the proposed increases:

-Victims Panel: From $40.00 to $75.00
-DWS Class: From $40.00 to $75.00
-Bench and Full Probation: From $50.00 per month to $100.00 per month
-DWI Detention Center: From $125.00 to $150.00
-Work Crew Sign-up Fee: From $20.00 to $40.00
-Deferred Prosecution Monitoring: From $50.00 per month to $100.00 per month

Besides the above fees rising, other fees may be added. They are:

-Electronic Home Confinement Hook-up Fee: $40.00
-Pre-trial Supervised Release: $50.00 per month, extracted at sentencing.

These fees will only cause more driving while suspended arrests. If you cannot comply with your fees given to you at sentencing or pre-trial hearings, the court will notify the Department of Licensing, after they send you to collections. If the fees are not paid, your license will be suspended. This also often leads to an arrest warrant.

With regard to the supervised release fee, if your case is continued for strategic purposes or by the court, you are paying $50.00 per month to comply. Most of our cases range from 2-8 months, which can be $100.00 to $400.00, on top of about $1,200.00 in other legal financial responsibilities.

Should people who are struggling to pay the cost of treatment as it is have to pay double?

What went up to cause this raise? Where is the extra money needed and where is it going?

Should other fines and fees be lowered to compensate these raises in fees?

If you think these increases are uncalled for, please contact your local District Court Judges (www.clark.wa.gov/courts/district/judges.html) before it’s too late.