UPDATE: Law firm explains ‘warrant fee’ many El Pasoans are being asked to pay

ABC-7 is taking a closer look at the warrant fee many El Pasoans are being asked to pay, even though in many cases, they have already paid their traffic citations.

Earlier this week, ABC-7 reported the City of El Paso is mailing out more than 100,000 notices, totaling $52 million in unpaid citations, dating back as far as the 1990’s.

“About two weeks ago, I got this letter from Delgado Acosta stating I owed $65,” John Peacock told ABC-7, pointing to warrant fees on tickets he received back in 2003. “At no point in the last 13 years have I received any kind of notification from the city about owing any fees,” Peacock said, adding a judge cleared his tickets based on time served in jail in 2004.

“I don’t understand,” Peacock said, “A judge residing in county court dismissed it as time served, yet they want to come back and tack on $65 when it’s 13 years after the fact?”

El Paso sales representative Thelma Ramos is being asked to pay a $65 warrant fee on a ticket for an expired sticker she says she paid back in 2005.

“I got my driving record cleared, so these $65, where are they coming from?” Ramos asked ABC-7. “To me it is just unbelievable that it would just reemerge out of anywhere.”

The law firm mailing the collection letters, Delgado, Acosta, Spencer, Linebarger and Perez, points to a state law, which states “an additional $50 warrant fee is to be paid in a case where an arrest warrant is processed.”

Another $15 is added as a collection fee, bringing it to $65.

“That’s a state-mandated fee and so the city cannot decide arbitrarily to not collect that fee,” said Carmen Perez, managing partner of the law firm.

ABC-7 asked Perez why the warrant fees weren’t paid when the ticket was paid. “At the time, the statute that assesses this fee, requires that there be a conviction,” Perez said.

Lilia Worrell, assistant clerk for the El Paso Municipal Courts, told ABC-7 if you pay your ticket before it becomes a warrant, that fee will not be charged. However, tickets not paid on time eventually have a warrant issued, but not until after a plea is made or the ticket is paid.

“The cashiers always explain that to the person paying,” Worrell said. “They have the option to pay it up front if they choose not to wait for it to be added 10 days later.”

ABC-7 asked Worrell if there is any signage in the municipal court building pointing that out. “No, we send it on the receipt, it’s printed on the online web system and we also send them a notice,” she said.

Peacock called the situation “another classic example of the city looking for money wherever they can.”

Ramos said she didn’t understand the system. “It’s a very flawed system, I believe,” Ramos said.

ABC-7 asked Perez if she understood the confusion. “Yes, definitely,” Perez replied. “That’s why we’ve been taking a lot of care and a lot of time and explaining to people the situation.”

Worrell said municipal courts are converting to a new system and looking at changing when the warrant fee is assessed. She said in the new system, once the warrant is activated, the warrant fee would then be added, so those with citations and warrants can pay it all at one time.