http://www.bereamunicourt.org
acbudney@bereacourt.com

  
 URL : http://www.bereamunicourt.org/info.asp?pageId=73 
 Printed on 9/22/2019 at 4:46:11 AM 
 Bailiff
BAILIFF’S DEPARTMENT

The Bailiff’s Department is charged with primary responsibility for security at the Berea Municipal Court, including courtroom proceedings. The Bailiff’s Department has many other duties, however, including service of subpoenas, some post-judgment executions and eviction notices.

There is a helpful FAQ sheet for landlords who have purchased writs - available at the civil counter.

The Bailiff’s Department also oversees vehicle immobilizations. Individuals who have had their vehicle seized or otherwise immobilized must contact the Court with any questions regarding their vehicles, but the following should answer most general questions.

Vehicles seizures

Your vehicle has been seized by the Police because you have been charged with Driving Under Suspension, Driving Under the Influence, or Wrongful Entrustment. Your vehicle will remain impounded until a motion for release is filed with the Court. The Judge will decide whether the vehicle will be immobilized at a hearing that is set after your motion is filed.

If the Judge DOES NOT immobilize your vehicle, you may obtain the release of your vehicle generally:

1. At your hearing – if the Judge releases your vehicle, go to the police. You must provide your car title and/or registration and your identification to obtain the release.

2. You will need to take the release to the Police Department that seized your vehicle and pay all towing and storage fees. The Impound Lot will release the vehicle to a LICENSED driver only.

If the Judge IMMOBILIZES your vehicle, you may leave it in the impound lot and pay the daily storage rate charged by the impound lot OR you may have it immobilized at your home or other appropriate location as follows. IF YOU FAIL TO MAKE PAYMENT ARRANGEMENTS WITH THE IMPOUND LOT OPERATOR WITHIN 10 DAYS OF YOUR FIRST COURT APPEARANCE, THE IMMOBILIZATION BAILIFF MAY APPLY TO THE COURT FOR AN ORDER DECLARING THE VEHICLE ABANDONED AND TO FORFEITED TO THE IMPOUND LOT.

Fee to Club at Residence

1. After your Court appearance, go to the police department and obtain a

release. You must provide your car title and/or registration, proof of insurance and your identification to obtain the release.

2. Take the Police release to the Impound Lot and pay all towing and storage fees.

3. You can either have your vehicle towed for impound lot fee or the Court will give permission to a valid driver to drive vehicle to your residence at time and date set at your hearing. If you choose to move vehicle to your residence, the Court Bailiff will club your vehicle at a scheduled time.

4. The Court Bailiff will remove club after immobilization period expired.

WARNING

If you fail to appear in Court, or pay all towing and storage fees, or claim your vehicle within 20 days from the last date of immobilization, your vehicle will be declared abandoned and forfeited to the State of Ohio.

If you operate the vehicle while it is immobilized, the vehicle will be forfeited to the State of Ohio and you may be charged with contempt of Court. The penalty for contempt of Court is up to 30 days in jail and up to a $250.00 fine. THE COURT IMMOBILIZATION BAILIFF WILL PERIODICALLY CHECK ALL VEHICLES IMMOBILIZED OUTSIDE THE IMPOUND LOT TO DETERMINE IF THEY HAVE BEEN MOVED IN VIOLATION OF THE COURT ORDER.



Rules of Court


 
 
Comments or questions:

acbudney@bereacourt.com