If a response is not made within 14 days of the issuance of the ticket, or if the defendant fails to appear for a scheduled hearing, a default judgment is entered. Once a default judgment is entered, a $45 default fee is added to the fines and costs. Within 14 days of being notified of the default judgment, the defendant must either pay the fine plus a $45 default fee, or file a Motion to Set Aside Default Judgment and Order - CIA04.
If the defendant does not respond to the offense, the court will mail a 14 day notice that informs the defendant that the fines and costs remain outstanding and that the next action will be suspension of driving privileges and an added assessment of $45.
How do you file a Motion to Set Aside a Default Judgement?
Fill out the Motion to Set Aside Default Judgment and Order - CIA04 form with an explanation of why the court should set aside the default. A cash bond must be posted in the amount of the ticket, along with the $45 default fee and the CIA04 form.
If the magistrate grants the motion, either an informal hearing or a pre-hearing will be scheduled and a notice of the hearing date will be mailed within a few weeks. If the Magistrate denies the motion, the default will stand, the bond that was posted will be applied to the fines and costs and the case will be closed.