Form 33-53

NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Respondent’s Original Answer to Petition for Suspension of License, Request for Hearing, and Motion to Stay Suspension Pending Hearing

This Answer to Petition for Suspension of License, Request for Hearing, and Motion to Stay Suspension Pending Hearing is brought by [name of respondent], Respondent. [The last three numbers of Respondent’s driver’s license number are [numbers]./Respondent has not been issued a driver’s license.] [The last three numbers of Respondent’s Social Security num­ber are [numbers]./Respondent has not been issued a Social Security number.]

Preservation of Evidence: Petitioner is put on notice to preserve and not destroy, con­ceal, or alter any evidence or potential evidence relevant to the issues in this case, including tangible documents or items in Petitioner’s possession or subject to Petitioner’s control and electronic documents, files, or other data generated by or stored on Petitioner’s home com­puter, work computer, storage media, portable systems, electronic devices, online reposito­ries, or cell phone.

1.On [date] a Petition for Suspension of License for Failure to [Pay Child Support/Comply with Subpoena] was filed by [name of petitioner], Petitioner.

2.Respondent objects to the assignment of this matter to an associate judge for a trial on the merits or presiding at a jury trial.

3.On [date] all child support owing and due, including the current month’s child support, was paid by Respondent, [name of respondent], to [name of child support agency].

3.Respondent is in compliance with a reasonable repayment schedule.

3.Respondent is in compliance with the subpoena.

3.Respondent has good cause for failure to comply with the subpoena, as follows: [specify good cause].

3.Respondent:

a.lacked the ability to provide support in the amount ordered;

b.lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

c.attempted unsuccessfully to borrow the funds needed; and

d.knew of no source from which the money could have been borrowed or legally obtained.

4.Respondent, [name of respondent], requests a stay of the suspension of [type of license] license and a hearing.

Respondent prays that the Court grant a stay of suspension of [type of license] license and order a hearing on the suspension.

   
[Name]
Attorney for Respondent
State Bar No.:
[Email address]
[Address]
[Telephone]
[Fax]