Appomattox County Circuit Court, Virginia

The court assesses financial resources, obligations, indigence, and debts in other courts using a written DC-211 financial statement or, if the defendant is in court, a colloquy.

The Court will take into account the defendant's financial resources and obligations, including defendant's indigence, as well as any fines and costs the defendant owes in other courts. In assessing the defendant's ability to pay, the court will utilize a written financial statement, on form DC-211, developed by the Executive Secretary of the Supreme Court, or if in Court, a colloquy with the defendant to assess the defendant's ability to pay setting forth the defendant's financial resources.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Payment plans require at least $25 per month, or more based on ability to pay, but the court may set a lower amount for a defendant who applies and is determined indigent.

In accordance with Section 19.2-354.1, all payment plans shall be at the minimum amount of $25.00 per month or a higher amount depending upon the Defendant's capability to pay. If the Defendant makes application and is determined to be indigent, the Court may provide for a payment amount of less than $25.00 per month.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

When restitution is included in assessed costs, the guidelines apply and payments go first to restitution, then to costs and fines.

If restitution is included in assessed costs, restitution will be incorporated in these stated guidelines. All payments received will be applied to restitution first and then remaining payments received will be applied to the court costs and fines.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A payment plan may include only outstanding fines and costs whose collection limitations period has not expired.

A payment plan agreement shall include only those outstanding fines and costs subject to collection under the period of time for which the limitations period set forth in §19.2- 341 has not run.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

The court must consider a defaulted defendant’s request for a subsequent payment agreement and any change in the defendant’s circumstances.

The Court shall consider a request by a defendant who has defaulted on a payment agreement to enter into a subsequent payment agreement. In determining whether to approve such request for a subsequent payment agreement, the Court shall consider any change in the defendant's circumstances.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A subsequent payment plan requires a down payment capped at 10% of amounts owed up to $500, or, for amounts over $500, the greater of 5% of the amount owed or $50.

The Court shall require a down payment to enter into a subsequent payment plan agreement. If the fines and costs owed are $500 or less, the required down payment may not exceed 10 percent of such amount owed or, if the fines and costs owed are more than $500, the required down payment may not exceed five percent of the amount owed or $50, whichever is greater.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Fines and costs are due 30 days after sentencing unless the court orders otherwise.

All fines and costs are due thirty (JU) days trom the date of sentencing unless otherwise ordered.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Correctional officials must withhold ordered payments from amounts due to the person and distribute collected funds according to the stated priority order.

The Director of the Department of Corrections and any sheriff or other administrative head of any local correctional facility shall withhold such ordered payments from any amounts due to such person. Distribution of the moneys collected shall be made in the following order of priority to: 1. Meet the obligation of any judicial or administrative order to provide support and such funds shall be disbursed according to the terms of such order; 2. Pay any restitution as ordered by the court; 3. Pay any fines or costs as ordered by the court; 4. Pay travel and other such expenses made necessary by his work release employment or participation in an education or rehabilitative program, including the sums specified in § 53.1-150; and 5. Defray the offender's keep. The balance shall be credited to the offender's account or sent to his family in an amount the offender so chooses.

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

On written request using form DC-212 from the person who performed incarcerated work or a designated representative, the correctional facility must confirm hours worked and credits earned.

Upon written request on form DC-212 by any person who has performed work while incarcerated or his designated representative, the local, regional, or state correctional facility shall provide confirmation of the hours such person has worked and the credits earned for such work.

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Participation in specified work-release, home/electronic-incarceration, or nonconsecutive-days programs requires full payment or payments under an installment or deferred plan while participating.

When a person sentenced to the Department of Corrections or a local correctional facility owes any fines, costs, forfeitures, restitution or penalties, he shall be required as a condition of participating in any work release, home/electronic incarceration or nonconsecutive days program as set forth in § 53.1-60, 53.1-131, 53.1-131.1, or 53.1-131.2 to either make full payment or make payments in accordance with his installment or deferred payment agreement while participating in such program.

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A defendant may request a plan modification in writing on form DC-211, and the court may grant it upon a good-faith showing of need.

The defendant may request a modification of the plan agreement in writing on form DC-211 and the Court may grant such modification based on a good faith showing of need.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A defendant unable to pay fines and costs in full within 30 days may enter a deferred, modified deferred, or installment payment plan.

Any defendant who is unable to pay in full fines and costs for a particular offense within 30 days of conviction, or other disposition authorized by law, is offered by the Court the opportunity to enter into either a deferred payment plan agreement, a modified deferred payment plan agreement or an installment payment plan agreement to pay those fines and costs.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

The court may allow approved community service to reduce fines and costs at $15 per hour, but not restitution or collection fees; service must be arranged in advance, approved by the court on clerk-provided forms, and performed at an eligible organization.

The Court may allow community service work as an option to defray fines and costs, especially when the defendant is indigent or otherwise unable to make substantial meaningful payments. Any court approved community service completed will be credited to the defendant's obligations at the rate of $15.00 per hour. Community service shall not be credited against any amount owed as restitution or any collection fee réquired. Community Service MUST be pre- arranged with the organization AND pre-approved by the Court on forms to be provided by the Clerk's Office. The community service, if approved by the Court, must be performed at a 501 (c)(3) organization or political subdivision of the Commonwealth of Virginia.

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

In accordance with Code Section 19.2-349, failure to pay. fines/restitution or entering into and staying current on a payment agreement within 90 days of the date of judgment will incur

In accordance with Code Section 19.2-349, failure to pay. fines/restitution or entering into and staying current on a payment agreement within 90 days of the date of judgment will incur

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

If, after the person has an installment or deferred payment agreement, the person fails to pay as ordered, his participation in the program may be terminated until all fines, costs, forfeitures, restitution and penalties are satisfied.

If, after the person has an installment or deferred payment agreement, the person fails to pay as ordered, his participation in the program may be terminated until all fines, costs, forfeitures, restitution and penalties are satisfied.

Criminal cases

Page 2 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A Defendant whose only resource is Social Security or Supplemental Security Income need not pay until they have another resource or income, but restitution remains due as ordered.

If a Defendant's only financial resource is a Social Security benefit or Supplemental Security Income, then they are not required to pay until they have another resource or income. As long as their sole income remains unchanged, their account will not go to collections. Any restitution that the Defendant may have been ordered to pay is not included in this exemption of payment and is due as the Court has ordered.

Criminal cases

Page 3 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Payments must be made in the office by cash, check, or money order.

Payments will be accepted in office by cash, check or money order.

Criminal cases

Page 3 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

Delinquent accounts incur a 17% collection-related penalty that the Clerk cannot remove, reduce, or alter.

a 17% penalty to help offset the costs associated with employing such individuals or contracting with such agencies or individuals" assisting in collection. The Clerk cannot remove, reduce, or alter this fee for delinquent accounts.

Criminal cases

Page 3 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A returned check for insufficient funds incurs a fee of $50 or 10% of the payment amount, whichever is greater, and both amounts are debited from the Defendant’s account.

All checks returned by the bank for insufficient funds will be assessed a returned check fee of $50.00 or 10%, whichever is greater, based on the payment amount. The amount of the returned check, plus the returned check fee, will be debited from the Defendant's account.

Criminal cases

Page 3 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

No initial down payment is required for a first-time payment agreement.

Initial down payment will not be required for first time payment agreements.

Criminal cases

Page 1 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

The Clerk may administratively amend a payment plan if additional costs are assessed or the Defendant’s financial circumstances change.

The Clerk shall be able to administratively amend any payment plan in the event additional costs should be assessed and/or the financial conditions of the Defendant changes.

Criminal cases

Page 3 | Deferred Payment Plan Guidelines and Procedures for Court Costs, Fines and Restitution

A person may discharge fines or costs through credits for qualifying community service or work during imprisonment; incarcerated work is credited at $15 per hour less wages received.

The Court will allow any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of (i) community service work before or after imprisonment or (ii) work in accordance with the provisions of § 19.2-316.4, Article 3. (§ 53.1-41 et seq.) of Chapter 2 of Title 53.1, or § 53.1-128, 53.1-129, or 53.1-131 during imprisonment at a local, regional, or state correctional facility. For the purposes of this subsection, a person who is performing work while incarcerated shall be credited at $15.00 per hour less any wages received.

Criminal cases

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To set a civil case, submit a written request; email is preferred and requests should be sent to the listed address.

Civil cases are set by written request, email is preferred. Send request to [email protected].

Page 1 | Terms of Court and General Information