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Court Fines, how to deal with Court Fines

Court fines are classed as priority debts. As a general rule, the consequences for not paying a priority debt can be quite serious, and with court fines this is no exception. The risk of not paying your court fines can even lead to jail.

What fines are classed as ‘court fines’?

Generally any fine that you have received because you have been found guilty in court during a criminal case. These could range from anything from driving under the influence of alcohol to theft.

I’m already in debt and am facing a court fine!

If you already have debt problems, it is strongly recommended you get professional debt advice about your financial situation first.

Inform your legal advisor before you go into court and provide proof of your income, dependants, expenses, and how you are repaying your debts. If the court finds you guilty, they may take your financial situation into consideration when determining the fine you must pay.

I can’t afford to pay my fine right now – what can I do?

If you can’t pay your fine, try to come to a payment agreement with the court as soon as possible. Ask them if they would consider you making monthly payments instead, or postpone the fines due date. They may agree to this if you can assure them you will have the money within a certain date. Be aware that the court has no obligation to accept your compromise.

If you do start struggling with your fine payment, you need to contact the court and explain to them your financial situation. Writing them a letter and including paperwork which proves your situation may help. You can ask the court if you could make small instalments on the fine, postpone the date of payment, or ask for it to be written off.

The court doesn’t have to agree to your suggestions, but it’s still best to contact the court when you are having payment problems. After they receive your letter, they may call a means hearing, where you will be able to tell the court why you are having difficulty paying

What happens if I don’t pay court fines?

If you haven’t contacted the court or made an arrangement, you could be summoned to court, or even arrested.

If this occurs its best to get the help of legal aid to go with you to court and present your case. The court will want to go through your financial situation so they can decide on a course of action. They may agree to let you pay it back at a later date, let you pay instalments, or even cancel the fine if they think you will be unable to pay it off.

What if I can’t come to a payment agreement with the court?

Not coming to a payment agreement with the court doesn’t mean you will escape having to pay your fine. The court has the right to use many different methods in getting you to repay your fine.

The worst case scenario is that you can be sent to prison, but this only usually happens if you are withholding the fine payment from the court despite being able to afford it.

Before prison becomes an option, the court will try other ways to get you to pay, such as an attachment of earnings order (an order that takes the fine payment directly from your wages), or getting bailiffs to take and sell your goods to recoup the debt.

Alternatively, if you are in Income support or another form of benefits, the fine can be taken from your usual payment.

Failing all this, prison may become an option. If you have been told that you may be sent to prison for not paying a court fine, seek legal advice.

Get debt advice as soon as you have financial problems

Many people leave it too late to get debt help. If you have received a court fine and are struggling with your debt, seek debt advice before things get any worse. Experienced debt councillors can advise you on the best course of action to take, and whether a debt solution will be necessary to help you get in control of your finances.