Alleghany County Circuit Court, Virginia

If costs are not paid in full within 30 days, the account is sent to collections with a 17% collection fee after 90 days, and begins accruing interest after 180 days from the due date or release from incarceration.

If the defendant is unable to pay the costs in full within thirty (30) days, the following will occur: a) 90 days after the due date, the account will be sent to collections and a 17% collection fee will be assessed against the account, and, b) 180 days after the due date or, if the defendant is incarcerated, 180 days after the defendant' release date, the account will begin to accrue interest.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

Noncompliance with a payment agreement results in default, interest and collection fees, and referral of the account to the Virginia Department of Taxation for collection.

In the event the defendant does not comply with the terms of the payment agreement entered with this Court, the account will be defaulted and will be subject to interest and collections fees as previously stated. The account will also be sent to the Virginia Department of Taxation for collection purposes.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

A defendant may use a weekly or monthly installment plan; monthly payments must be at least $25 or a higher amount based on ability to pay, unless the judge determines an indigent defendant may pay less.

a) Enter into an installment plan by making payments either weekly or monthly at a set rate. Effective July 1, 2025, and pursuant to VA. Code Section 19.2-354.1(D), the minimum monthly rate shall be at least $25 or a higher amount, depending upon a defendant's ability to pay. The judge shall make the determination if the defendant is indigent and wishes to make payments less than $25 monthly.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

A defendant who defaults may petition for a new time-to-pay agreement; if a subsequent agreement is entered, a down payment is required when the petition is filed, capped according to the amount owed.

A defendant who has defaulted on their account may petition the Court for a "new time to pay agreement". If the defendant enters into a subsequent payment agreement, the Court does require a down payment to be received at the time of filing the petition, as follows: a) If the fines, costs, restitution owed are $500 or less; the required payment shall not exceed 10% of the total owed; b) If the fines, costs, restitution owed are more than $500, the required payment shall not exceed 5% of the total owed or $50 whichever is greater.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

Costs may be paid through community service at $12.77 per hour, monitored by probation officers, but community service cannot be applied to outstanding restitution.

c) Pay the costs through the performance of community service at a rate of $12.77 per hour. Community Service shall be monitored by the probation officers. Community service cannot be applied to outstanding restitution owed the Court.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

Community service performed while incarcerated must be verified by the Virginia Department of Corrections and is credited at $12.32 per hour for services performed after January 1, 2026.

d) Community service performed while a defendant is incarcerated must be verified by the Virginia Department of Corrections. The defendant shall receive a rate of $12.32 per hour for services performed after 01/01/2026.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

A defendant may satisfy costs through a deferred plan by paying them in full on a future date.

b) Enter into a deferred plan by paying costs in full on a future date.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

A defendant whose sole resource is Social Security or SSI need not pay until they have another resource or income, and their account will not go to collections while that income remains unchanged; court-ordered restitution remains due.

If your sole financial resource is a Social Security benefit or Supplemental Security Income, then you are not required to pay until you have another resource or income. As long as your sole income remains unchanged, your account will not go to collections. Please understand that any restitution that you may have been ordered to pay is not included in this exception of payment and is due as the Court has ordered.

Criminal cases

Page 1 | ALLEGHANY COUNTY CIRCUIT COURT DEFERRED OR INSTALLMENT PAYMENT POLICY

Case scheduling is handled by the Judge’s Administrative Assistant, Brenda Lemons, at the listed phone number.

Cases are set by the Judge's Administrative Assistant, Brenda Lemons at 540-965-1738.

Page 1 | Terms of Court and General Information