Form Sc-3045 - Ex Parte Motion To Vacate Bail Forfeiture - County Of Santa Barbara

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FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS):

TELEPHONE NO.:

ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA BARBARA

118 East Figueroa Street

STREET ADDRESS:

Santa Barbara, CA 93101

CITY AND ZIP CODE:

Figueroa Division

BRANCH NAME:

People of the State of California

PLAINTIFF:

DEFENDANT:

_____________________________________________________________

(PRINT OR TYPE NAME)

CASE NUMBER:

EX PARTE MOTION TO VACATE BAIL FORFEITURE (PC §1305.2)

(INFRACTION & MISDEMEANOR CASES ONLY)

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, you must complete Financial

Declaration on reverse.)

I declare under penalty of perjury under the laws of the State of California that the foregoing is complete, true and correct.

_____________________________________

______________________________________________

Dated:

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): ____________________________.

Darrel E. Parker, Executive Officer

, Deputy

Page 1 of 2

SC-3045 [Rev. July 1, 2013]

PC 1305.2

EX PARTE MOTION TO VACATE BAIL FORFEITURE