Asked 5/16/2016 – Houston, TX

In 2009 I loaned my vehicle to family members from out of state who wanted to do a road trip across Texas. A few weeks after they finished their trip, I get a parking ticket in the mail for City of Fort Worth. They said they never had a parking ticket on the windshield and always paid the meter. I believe them 100%. Nevertheless, when my husband went to Fort Worth on business in ’09, I had him go by the address I found online and pay the ticket. He says he thinks he gave them cash (this was in 2009). Last week I get a menacing letter from a group of attorneys stating that the $45 was never paid. First, we did pay (even though no proof that a ticket even existed). Second, it’s been 7 years, who keeps receipts that long. Third, isn’t there a Statute of Limitations on parking tickets for such measly amounts of money? As a matter of principal, I refuse to pay the ticket twice as we weren’t even convinced we owed it the first time. Plus we never go to Fort Worth, so should we even care?

Answer

1) If you paid the citation, you would have to provide proof to the court before the case would be dismissed (the court will not just take your word you paid it 7 years ago); 2) the statute of limitations (2 years for misdemeanors in Texas) is tolled when the state files the charging instrument; 3) your options are to pay the citation, hire a local attorney and contest the citation, or go to Ft. Worth and contest the citation yourself.