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Court, town counsel and penalty exposure

When the owner has been served, the answer period is over and nothing was fixed, the town can take the order to court. Chiban records each step, builds a packet for town counsel, and shows an estimate of what the town could be owed.

Court steps​

Under the order, the Court line says whether the motion to enforce can be filed. When it cannot, it lists the reasons: service is not complete, an answer period is still running, an answer was received, an appeal stayed the case, or the order has not been filed with the court clerk.

Record each step with Record a court step:

  • Filed with the court clerk. Every required person must be served, with proof, first.
  • Motion to enforce filed. Allowed once the answer period is over, no answer came in, and five days have passed since the filing with the clerk. If the five days are not up, Chiban names the first day the motion can be filed.
  • Judgment entered, with a Judgment result: Order affirmed, Order modified or Order annulled. It needs the motion first.

Each step takes a Date, the Court, the Docket number and the court document, which you upload first and then choose. The case moves to In court after the first filing, and the steps appear as a dated list.

After a judgment, the page shows the date by which the judgment can be appealed.

Refer the case to town counsel​

Land use staff and administrators refer a case. Under Town counsel, choose Refer to counsel and enter:

  • Counsel, the attorney's name.
  • Purpose: Motion to enforce, Injunction, Penalty action or Other.
  • Date referred.

Chiban builds a counsel packet, a PDF filed under Documents and photos as Counsel packet for the case number, and links it as Open packet. It contains the case details, the findings and notices, each order with its service checklist, the proof of service on file, appeals and stays, and the penalty exposure. Send it to counsel the way the town normally sends documents. Chiban does not email it. An administrator can change the cover page under Settings, Templates.

When counsel reports back, choose Record an outcome. What happened can be Motion filed, Hearing held, Judgment for the town, Judgment for the respondent, Settled, Dismissed, Withdrawn or Appealed to the superior court, with the date, court, docket, document and a note. A recorded judgment is what lets a fine be entered.

Penalty exposure​

Under Fines, a line reads Estimated statutory exposure for counsel. Nothing is owed unless a court imposes it. It is a running estimate for counsel, not a bill.

  • Before the town has anything to count from, it reads Accrual has not started: no written notice has been received and no conviction has been recorded.
  • Once a notice is received, or a conviction recorded, whichever is earlier, it reads like Accrual began on a date, then the days since and the estimated amount.
  • After a court imposes a fine, the line changes to say only the fines the court imposed are owed.

The daily amount comes from the town's rules in the state pack, not from anything you enter. The same figure goes into the counsel packet.

Record a fine and payments​

Only administrators and finance staff can record a fine a court imposed, because it goes on the ledger. Choose Record a court-imposed fine and enter Based on (the judgment), Kind, Amount in dollars, Date imposed, Court and Docket number. Chiban asks for a recorded judgment first. It will not record a fine while an appeal stay is in effect.

The fine then shows what was paid and the balance, for example Paid $200.00. Balance due $75.00. Do this now reads Collect the amount fine balance. Land use staff and finance staff can Record a payment: Amount in dollars, Paid by (Cash or Check), Check number and Payer name. When the balance reaches zero the case is ready to resolve.