§1105. Answer to complaint; default

Link to law: http://legislature.vermont.gov/statutes/section/04/029/01105
Published: 2015

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Title

04

:
Judiciary






Chapter

029

:
JUDICIAL BUREAU











 

§

1105. Answer to complaint; default

(a) A violation

shall be charged upon a summons and complaint form approved and distributed by

the Court Administrator. The complaint shall be signed by the issuing officer

or by the State's Attorney. The original shall be filed with the Judicial

Bureau; a copy shall be retained by the issuing officer or State's Attorney and

two copies shall be given to the defendant. The Judicial Bureau may, consistent

with rules adopted by the Supreme Court pursuant to 12 V.S.A. § 1, accept

electronic signatures on any document, including the signatures of issuing

officers, State's Attorneys, and notaries public. The complaint shall include a

statement of rights, instructions, notice that a defendant may admit, not

contest, or deny a violation, notice of the fee for failure to answer within 20

days, and other notices as the Court Administrator deems appropriate. The Court

Administrator, in consultation with appropriate law enforcement agencies, may

approve a single form for charging all violations, or may approve two or more

forms as necessary to administer the operations of the Judicial Bureau.

(b) A person who

is charged with a violation shall have 20 days from the date the complaint is

issued to admit or deny the allegations or to state that he or she does not

contest the allegations in the complaint. The Judicial Bureau shall assess

against a defendant a fee of $20.00 for failure to answer a complaint within

the time allowed. The fee shall be assessed in the default judgment and deposited

in the Court Technology Special Fund established pursuant to section 27 of this

title.

(c) A person who

admits or does not contest the allegations may so indicate and sign the

complaint. The Bureau shall accept the admission or statement that the

allegations are not contested and accept payment of the waiver penalty.

(d) If the

person sends in the amount of the waiver penalty without signing the complaint,

the Bureau shall accept the payment indicating that payment was made and that

the allegations were not contested.

(e) A person who

denies the allegations may so indicate and sign the complaint. Upon receipt,

the Bureau shall schedule a hearing.

(f) If a person

fails to appear or answer a complaint, the Bureau shall enter a default

judgment against the person. However, no default judgment shall be entered

until the filing of a declaration by the issuing officer or State's Attorney,

under penalty of perjury, setting forth facts showing that the defendant is not

a person in military service as defined at 50 App. U.S.C. § 511 (Servicemembers

Civil Relief Act definitions), except upon order of the hearing officer in

accordance with the Servicemembers Civil Relief Act, 50 App. U.S.C. Titles

I-II. The Bureau shall mail a notice to the person that a default judgment has

been entered. A default judgment may be set aside by the hearing officer for

good cause shown.

(g) All Judicial

Bureau judgments shall contain a notice of tax setoff pursuant to 32 V.S.A. §

5941. (Added 1997, No. 121 (Adj. Sess.), § 4; amended 1999, No. 58, § 3; 1999,

No. 160 (Adj. Sess.), § 7; 2007, No. 51, § 1; 2007, No. 153 (Adj. Sess.), § 17;

2013, No. 57, § 23.)
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