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citation not on file

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I received a citation a month ago in Iowa, and I could mail in the payment for the ticket in lieu of going to the court date, however it appears according the the state patrol that the citation was never filed nor is it filed at the county clerk so I cannot pay online. Court date is in two days and if it isn't filed so that I can pay online and i am unable to attend the court date being that I am not a resident of the issuing state for the citation (I live in another state), what happens?  Should I be contacting the magistrate/court clerk the date of the court date to see if I can still make payment?

 

 

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You can't expect folks to know what will happen with regard to some unspecified citation.  I presume you have ascertained with data entry people that this isn't something that can be rectified prior to court (including scanning and emailing someone the relevant info).  Have you contacted the court to inquire with the clerk "what happens if I don't show up?"  I'd like to think you'd be proactive and contact the court about possibly attending via telephone conference if not Skype or the like, or in the alternative fax a filing to that court to the clerk's attention noting that you'd like a continuance.

 

"Should I be contacting the magistrate/court clerk the date of the court date to see if I can still make payment?"

This would make sense (and it's a bit disconcerting that you'd need to ask).  :)

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Um yes, I did call the county clerk which is how i found out it isn't on file with them, as well as the state patrol where the officer is associated and they too do not have it on file and I called the magistrate as well and they told me to call the day of the court date.  I have done my due dilegence.  They indicated that the officer has until the day to submit the citation on file.  After that, then what?   I assume that if he does not, I am off the hook.  That is the point I am getting at.  I appreciate actual responses from a lawyer or someone in this field not some random individual who feels like being condescending and knows nothing of these situations.  Thanks anyway for your commentary.  Very amusing.

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Court date is in two days and if it isn't filed so that I can pay online and i am unable to attend the court date being that I am not a resident of the issuing state for the citation (I live in another state), what happens?

 

Presumably, a warrant will issue for your arrest and you'll be subject to higher fines.  The court clerk should be able to provide you with specifics.

 

 

 

Should I be contacting the magistrate/court clerk the date of the court date to see if I can still make payment?

 

I think that would be the smart thing to do.  And then you should probably send the payment by Fedex or some other overnight delivery provider so that you can be sure it is received on time.

 

FYI, the chances that a lawyer from Iowa who is familiar with the traffic ticket procedures in each of Iowa's 99 counties (assuming the procedure is not the same in every county and since you didn't identify the county where you got the ticket) will come across your post are pretty much infinitessimal.

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Thanks for your responses. I like the fedex suggestion.  I am speaking with a local lawyer about this as well.  Making the payment would be prudent though it will be curious if they will be able to tender the payment with just the citation number if they are unable to retrieve these details. 

 

Interesting link though on this subject that I recently found.

 

http://www.avvo.com/legal-answers/in-the-state-of-ohio-how-long-does-an-officer-to-f-1626420.html

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