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Ex Parte Motion To Vacate Bail Forfeiture (PC 1305.2) (Infraction And Misdemeanor Cases Only) SC-3045 - California
| Ex Parte Motion To Vacate Bail Forfeiture (PC 1305.2) (Infraction And Misdemeanor Cases Only) Form. This is a California form and can be used in Criminal Santa Barbara Local County . |
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Choose a location ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.: FOR COURT USE ONLY ATTORNEY FOR (NAME): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF: People of the State of California _____________________________________________________________ (PRINT OR TYPE NAME) DEFENDANT: EX PARTE MOTION TO VACATE BAIL FORFEITURE (PC §1305.2) (INFRACTION & MISDEMEANOR CASES ONLY) CASE NUMBER: NOTICE TO DEFENDANT: The court imposes a non-refundable assessment of $100.00 pursuant to Penal Code §1305.2 to cover the cost of vacating a bail or bond forfeiture. It is waived only in unusual circumstances. Unless waived, you must pay this fee before your bail or bond forfeiture will be set aside. This fee is in addition to any other penalties you may face. If you are also requesting to reinstate CASH BAIL that was posted by anyone other than you, you must attach "CONSENT TO REINSTATE BAIL" signed by the bailor. If you are asking to reinstate a BAIL BOND, you must attach a "REASSUMPTION AGREEMENT" signed by your bondsman. I hereby request that the court set aside the bail forfeiture that was entered on (date) ____________________. I failed to apply for or complete traffic school because: (You must be specific and attach all proof. Use additional sheets if needed.) I hereby request that the court set aside the order to forfeit the cash bail / bail bond that was entered on (date) _________________________. I failed to appear in court on that date or otherwise comply with the court's order because: (You must be specific and attach all proof. Use additional sheets if needed.) Signed "CONSENT TO REINSTATE BAIL"/ "REASSUMPTION AGREEMENT" is attached. I am not requesting a waiver of the $100.00 assessment. I request that the court waive the $100.00 assessment because: (If claiming financial hardship, Declaration on reverse.) you must complete Financial Dated: I declare under penalty of perjury under the laws of the State of California that the foregoing is complete, true and correct. _____________________________________ ______________________________________________ Defendant's signature ORDER A hearing is scheduled for _____________________ at _________ in Dept. ______. You must appear on this date. The Motion to Vacate the Forfeiture will be granted upon payment of the assessment in the amount of $___________ by (date) _________________. The Cash Bail / Bail Bond is reinstated and continued exonerated. The Motion to Vacate the Forfeiture is granted and the assessment fee is waived. The Motion to Vacate the Forfeiture is denied. Defendant must sign up for Traffic School in the Clerk's Office no later than (date) __________________________ and pay the assessment if ordered above plus additional fees as directed by the clerk. Defendant shall file proof of completion of Traffic School no later than (date) ________________________________ and pay the assessment if ordered above plus additional fees as directed by the clerk.. Other: Dated: ______________________ ______________________________________________ Judge/Commissioner of the Superior Court CLERK'S CERTIFICATE OF MAILING I certify that I am not a party to this cause and that a true copy of the foregoing was mailed first class, postage prepaid, in a sealed envelope addressed as to the parties named above, and that the mailing of the foregoing and execution of this certificate occurred at _______________________, California on (date): ____________________________. Gary M. Blair, Executive Officer By SC-3045 [Rev. Oct. 23, 2003] , Deputy Page 1 of 2 EX PARTE MOTION TO VACATE BAIL FORFEITURE PC 1305.2 American LegalNet, Inc. www.FormsWorkFlow.com EXPARTE MOTION TO VACATE BAIL FORFEITURE - DEFENDANT'S FINANCIAL DECLARATION Name: _____________________________________________ Birthdate: ______________ Phone: _______________ Address: ____________________________________________ City: ________________________ Zip: ___________ CHECK ALL BOXES AND FILL IN ALL BLANKS THAT APPLY TO YOU: Within the last two months I have had no income from any source. Within the last two months I have received less than $700 per month from all sources. Within the last two months I have received $_____________ per month AFDC, SSI, SSP, GR or GA benefit. Within the last two months I have received unemployment, workers' compensation, disability, veterans, social security, retirement and/or other benefits totaling $_____________ per month. I am self-employed. The nature of my work is _____________________________________________________. My gross wage or salary is $_______________ per I am not married I have no dependents. hour day week month. I am married. During the last two months, my spouse has had income from work and/or any other source totaling $________________ per month. I support __________ dependents whose ages are: _______________ I am a student at ____________________________. I have or will receive during the current academic year: Scholarship(s) totaling $______________ per month quarter month month semester quarter quarter quarter year. semester semester semester year. year. Student loans and/or grants totaling $_____________ per Work study and other such income totaling $_________ per year. Financial support from parents or others totaling $_________ per month My gross monthly income from any and all other sources not listed above is $____________________. LIST ALL ASSETS: Auto(s) Make Value $________________ $________________ $________________ $________________ $________________ $________________ $________________ ____________________________ ____________________________ Cash on Hand Checking Account(s) Personal Residence Other Real Estate Other Assets LIST ALL EXPENSES: Rent or Mortgage Food Child Support Utilities Other Expenses: ______________________ ______________________ ______________________ ______________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ $_____________________ ____________________________ ____________________________ ____________________________ $________________ $________________ $________________ ______________________ ______________________ ______________________ I declare under penalty of perjury under the laws of the State of California th
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