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Infractions are citations (tickets) received from local law enforcement agencies for offenses such as speeding, failure to have liability insurance, and seat belt violations. The Court may impose a penalty, but may not commit the defendant to jail.
A defendant has 15 days to pay the infraction or request a hearing. If the defendant fails to respond, the Court assesses a late penalty of $52 and notifies the Department of Licensing (DOL). Upon notice from the Court, DOL gives the defendant 45 days to resolve the infraction. If the defendant does not pay the penalty in full or arrange for a time payment plan, DOL suspends the driver's license of the defendant. Infractions that are not paid are referred to a collection agency. Additional costs will be assessed by the collection company.
A defendant may request a hearing (mitigation or contested) by checking the appropriate box on the back of the green copy of the ticket that is provided to the defendant by the officer. A hearing may also be requested by appearing at the public counter (1902 - 96th St. So.) to have a date assigned. The hearing request must be made within 15 days of the date of violation.
A mitigation hearing is one to determine whether there were mitigating circumstances surrounding the commission of the infraction in order to decide whether a reduction in the penalty will be granted. When this type of hearing is requested the infraction will appear on the defendant's driving record. No appeal is allowed from a mitigation hearing.
A contested hearing is one to determine whether the defendant committed the infraction. A defendant may subpoena the officer to appear for a contested hearing, but must do so 15 days before the scheduled hearing. The Court issues the subpoena, but the defendant has the responsibility to serve the officer and file a return of service with the Court on or before the date of the hearing. If the officer is not subpoenaed the Court will determine the facts of the case from the officer's sworn affidavit on the infraction. A defendant may appeal the judgment entered after a contested hearing.
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These case filings include charges such as No Valid Operator's License, Driving While License Suspended, DUI, Reckless Driving, Negligent Driving, Assault 4, Theft 3rd, Prostitution, Cruelty to Animals, Unlawful Dumping, and Zoning Violations. Mandatory appearance by the defendant is required. The maximum penalty can reach one year in jail and up to a $5,000 fine.
Individuals who receive a criminal citation begin by appearing for an ARRAIGNMENT. At arraignment the defendant is informed of the charge(s) and a plea of guilty or not guilty is accepted. The Court may impose certain pre-trial conditions. Certain criminal traffic charges may qualify for a BAIL FORFEITURE. Agreeing to a bail forfeiture means that the charge will appear on the defendant's driving record and a fine will be assessed but the defendant will not have to appear for another court date. If the defendant pleads guilty, the finding of guilt is entered and the case proceeds to sentencing.
If the defendant pleads not guilty, the case is set for a PRE-TRIAL CONFERENCE. This allows the defendant time to plan a defense or retain an attorney. Referrals to the Public Defender are given to defendants that may qualify for a court appointed attorney. If the case is settled at pre-trial conference the finding is entered and the defendant is sentenced.
If the case is not settled at pre-trial conference it proceeds to trial. The defendant has the right to request a JURY TRIAL or a COURT TRIAL. A court trial proceeds without a panel of jurors and the case is decided by a judicial officer. A jury trial requires the selection of a jury panel, and the decision of guilt or innocence is made by the jury.
Warrants for arrest are issued by the Court for failure of the defendant to appear for a hearing, or failure to abide by conditions of the court order. The defendant or defense counsel must appear at the counter on the 6th floor of the County-City Building to make arrangements for resolution of the warrant.
Cash Bail or Bail Bond posted for a defendant may be held until the case is completed. A judicial officer must exonerate cash bail or a bail bond before the money can be refunded to the poster or the collateral released by the bonding company. This decision is made on a case by case basis. If ordered by the judicial officer, the Court issues a refund check to the person who posted the cash bail. Refund checks take approximately 7 to 10 working days to process.
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Washington State law defines harassment as a situation where an individual is seriously alarmed, annoyed, or harassed by conduct from another person which serves no legitimate or lawful purpose. An individual may request an order of protection that may prohibit harassment, contact and restrain the person from coming within a specific distance of your workplace, school, or residence. State law requires that you show a pattern of actions against you by the other person, not just one incident.
You must file the petition for a protection order at the Criminal Division, Pierce County District Court, 930 Tacoma Avenue South, Room 601, Tacoma. Anti- Harassment Petitions are processed daily between the hours of 8:30 a.m. and 11:00 a.m.
You will need to know the full name and address of the person you claim is harassing you and any other identifying information about the individual such as date of birth, driver's license number, etc. It will take you about one hour to complete the required forms. The filing fee for an antiharassment order is $53 which will not be refunded if the petition is not granted by the judge. In addition to the filing fee, you will need three certified copies of the order which will cost you $15. The filing fee and certified copy costs must be paid by cash or credit card. Personal checks are not accepted. In some circumstances the Court will waive the filing fee and costs. If you want the Court to consider a waiver of fees, you must give the Court detailed information about your income and expenses to justify the waiver. A fee waiver is not automatically granted by the judicial officer.
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Civil cases, Name Changes, Small Claims, Vehicle Impounds, and Foreign Judgments are all filed with the Court at the Civil/Infraction Division (1902 96th St S). To contact the Court for information concerning a civil case, the litigant's name and the case number are necessary. Please call (253) 798-7487 for additional information.
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All civil cases are for damages for injury to individuals or personal property, penalties and contract disputes not greater than $75,000. The filing fee is $53. The fee for filing counter and cross claims is also $53. Civil cases must be filed with the Court prior to service on the defendant. Individuals may represent themselves in civil proceedings or they may retain an attorney. Ex parte calendars are heard every weekday except Fridays. The Civil Department also files FOREIGN JUDGMENTS. These are judgments that were awarded in another state.
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A small claim is a case filed only for the recovery of money owed to you and must be filed in person at the Civil/Infraction Division. The filing fee is $29 and must be cash or VISA/Mastercard. No personal checks are accepted. Small claim cases must be filed in the county where the defendant resides or does business. When filing a small claim the information needed includes the name and address of the person, company, or corporation being sued; the amount owed; the date the money became due; and the reason for the suit. The Court does not collect the money awarded in a judgment. Contact an attorney or a collection agency for any questions concerning collection of money.
All small claims cases are set for a mediation hearing with an impartial, third-party mediator. Witnesses are not allowed at the mediation hearing and attorneys are not allowed to represent either side in small claims. The litigants prove their cases via statements, contracts, estimates, photographs, etc. Seventy-five percent of the small claims cases are settled at mediation. Those cases that are not settled through mediation are scheduled for trial.
The Small Claims information packet is in .pdf format. In order to view the .pdf file, you must have Adobe Acrobat Reader installed on your system. You can download the Adobe Acrobat Reader software at no cost.
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Upon notice of a vehicle impound, a hearing must be requested within 10 days of the notice date by appearing at the Civil Department counter and filling out the appropriate hearing form. If the vehicle has been sold, contact the Pierce County Auditor's Office (2401 South 35th Street, Tacoma, WA. 253-798-7427).
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To pay your fine or penalty by phone using a VISA, MasterCard, American Express, Discover, debit card, or electronic check, you may call 1-800-272-9829. Please use the Jurisdiction Code 5684.
To make a credit card payment online, go to www.officialpayments.com. To make an electronic check payment online, go to www.officialpayments.com/echeck. There is a $4.95 convenience fee for credit card payments and a $3.00 transaction fee for electronic checks.
Please have your case number available for ease of transaction.
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| Civil Case Filing Fee |
$ 53.00 |
| Counter or Cross Claim Filing Fee |
$ 53.00 |
| Small Claims Case Filing Fee |
$ 29.00 |
| Filing Writ of Garnishment |
$ 12.00 |
| Filing Supplemental Proceeding |
$ 20.00 |
| Certified or exemplified copy fee (per document) |
$ 5.00 |
| Photocopy Fee (first page) |
$ 1.00 |
| Photocopy Fee (additional pages) |
$ 0.50 |
| Civil Jury Demand |
$ 125.00 |
| Transcript Fee |
$ 20.00 |
| Civil Appeal Fee, per case |
$ 260.00 |
| Small Claim Appeal Fee, per case |
$ 360.00 |
| Preparation of Record for Appeal, per case |
$ 40.00 |
| Duplication of court recording (tape or CD) (may be in addition to the appeal preparation fee) |
$ 10.00 |
| Name Change |
$117.00 |
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