Is the Sheriff after you for Warrants older than 5 years old? Here’s how to deal with it.

Wednesday , 11, November 2015 2 Comments


Seems there are a lot of people complaining lately about receiving old Warrants from the Sheriffs office.

Some have been over 20 years old!  Yet the Sheriff’s office has been instructed to follow them up and demand payment or face jail or seizures of property.

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Yes that old Warrant for those parking fines and speeding fines does not expire.  It sits there dormant waiting for the Sheriff to enforce.

Here is how to deal with them.

  1. You need to bring the notice to your nearest Magistrates Court and apply for a rehearing.
  2. After 5 Years the Original Evidence brief that was handed to the Court is destroyed, so there is no longer any evidence to support the fine or warrant.
  3. The only chance is the Informant is still around and still has a copy of that evidence brief, chances are the informant is long gone as is the evidence.
  4. Submit an Affidavit to support the reasons why you should be granted a re-hearing after all these years (The reason you did not attend the original hearing).
  5. Include in the Affidavit a Motion to Dismiss.  Hypothetical Example may state:
    1. I have no recollection of ever receiving a parking fine at the airport;
    2. I have no recollection of ever receiving any notification of this matter going to Court in _____, when I attended _____ Magistrates Court the clerk informed me that according to your computer system a notice was sent by regular mail, but I did not receive that notice;
    3. I understand this is considered a criminal offence and as such I have the right to be presumed innocent until proved guilty according to law . The presumption is not that the accused is not guilty. It is that the accused is innocent . The presumption of innocence has been enshrined in the Charter of Human Rights and Responsibilities Act 2006 (Vic) .

That should be enough to have the rehearing granted and establish that you are innocent and that they would need to prove beyond reasonable doubt  that you are guilty of the offence.

Since they themselves destroyed the evidence, the likely result is the case will be dismissed.

 

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2 thoughts on “ : Is the Sheriff after you for Warrants older than 5 years old? Here’s how to deal with it.”
  • There is a statutory time limit on retrieving money.

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