Charlotte County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Communication
Document Filing Requirements3 rules
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.
The Court assesses ability to pay using a written financial statement on form DC-211 or, if the defendant is in court, a colloquy addressing financial resources, while considering obligations and fines and costs owed in other courts.
Court's wording
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.
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.
Court's wording
The defendant may request a modification of the plan agreement in writing on form DC-211 provided by the Executive Secretary of the Supreme Court and the Court may grant such modification based on a good faith showing of need.
Filing & Service rules
Filing Fees and Waivers
In accordance with Virginia Code Section 19.2-349, failure to pay fines and/or restitution or entering into and staying current on a payment agreement within 180 days of the date of judgment will incur a 17% penalty "to help offset the costs associated with employing such individuals or contracting with such agencies or individuals" assisting in collecting.
In accordance with Virginia Code Section 19.2-349, failure to pay fines and/or restitution or entering into and staying current on a payment agreement within 180 days of the date of judgment will incur a 17% penalty "to help offset the costs associated with employing such individuals or contracting with such agencies or individuals" assisting in collecting.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
A person in the specified correctional programs who owes fines, costs, forfeitures, restitution, or penalties must pay in full or make payments under an installment or deferred agreement 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 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Community service cannot be credited against restitution or a required collection fee.
Community service shall not be credited against any amount owed as restitution or. any collection fee required.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
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 tive percent of the amount owed or $50, whichever is greater.
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 tive percent of the amount owed or $50, whichever is greater.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
A down payment is required to enter into a subsequent payment plan agreement.
The Court shall require a down payment to enter into a subsequent payment plan agreement.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
The Clerk cannot remove, reduce, or alter the stated penalty fee.
The Clerk cannot remove, reduce or alter this fee.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
A defendant whose sole resource is Social Security or Supplemental Security Income need not pay until another resource or income is available, and the account will not go to collections while that remains the sole income; court-ordered restitution remains due.
If a defendant informs the Court that his/her sole financial resource is a Social Security benefit or Supplemental Security Income, then he/she is NOT required to pay until he/she has another resource or income. As long as their sole income remains unchanged, their account will not go to collections. Any court ordered restitution is NOT included in this exemption of payment and is due as the court has ordered.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Unpaid costs, fines, and restitution will be administered pursuant to Code Section 19.2-349 to be reported to collections and interest may begin accruing on the unpaid balance.
Unpaid costs, fines, and restitution will be administered pursuant to Code Section 19.2-349 to be reported to collections and interest may begin accruing on the unpaid balance.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Interest does not accrue on fines or costs for the 180 days after final judgment, during incarceration, or for 180 days after release when the sentence includes active incarceration.
Pursuant to Code Section 19.2-353.5, as amended, no interest shall accrue on any fine or costs imposed (1) for a period of 180 days following the date of final judgment imposing such fine or costs; (2) during any period the defendant is incarcerated; and (3) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
If a participant with an installment or deferred payment agreement fails to pay as ordered, participation in the program may be terminated until all listed amounts 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 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Interest accruing on unpaid fines or costs accrues at the judgment rate stated in Section 6.2-302.
Whenever interest in any unpaid fine or costs accrues, it shall accrue at the judgment rate of interest set forth in Section 6.2-302.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
The Court must consider a defaulting 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 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
The Clerk may accept check, credit-card, and debit-card payments in compliance with the cited statute.
Payments by check, credit or debit cards will be accepted at the discretion of the Clerk and in compliance with Code Section 19.2-353.3, as amended.
Criminal cases
Page 3 | Administrative Amendments and Payment Methods
A dishonored check, credit card, or debit card payment may incur a fee equal to the greater of $50 or 10% of the payment amount.
All checks, credit or debit cards tendered that are dishonored for insufficient funds may be assessed a fee of $50.00 or 10%, whichever is greater, based on the payment amount.
Criminal cases
Page 3 | Administrative Amendments and Payment Methods
An initial down payment is not required for a payment agreement.
Initial down payment will not be required for payment agreements.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
A defendant unable to pay fines and costs in full within 30 days of conviction or another authorized disposition may enter a deferred, modified deferred, or installment payment agreement.
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 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
The Court may grant a requested payment-plan modification based on a good-faith showing of need.
The defendant may request a modification of the plan agreement in writing on form DC-211 provided by the Executive Secretary of the Supreme Court and the Court may grant such modification based on a good faith showing of need.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
The Court may allow community service to defray fines and costs, especially for an indigent defendant or one unable to make substantial meaningful payments.
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.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
A person may move the Court to waive interest accrued on fines and costs during incarceration.
A person who owes fines and costs on which interest has accrued during a period of incarceration may move the Court to waive the interest that accrued on such fines and costs during such period of incarceration.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Incarcerated defendants working in the specified compliant programs are eligible for community-service credit; qualifying work may date from July 1, 2023, and the stated credit calculation applies when they received pay or credit.
Incarcerated defendants working in programs in compliance with Virginia Code Sections 19.2-316.4, 53.1-60, 53.1-128, 53.1-129, or 53.1-131 are eligible. Work pertormed by incarceratec Defendants may date back to July 1, 2023, or after, and if the defendant received pay or credit for the work, the credited amount will be the established rate of pay for community service minus any wages they received if wages were less than the current minimum wage then in effect.
Criminal cases
Page 2 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Chambers Communication Rules
A defendant with an installment or deferred payment agreement must promptly inform the court of any mailing-address change during the agreement.
As a condition of every such agreement, a defendant who enters into an installment or deferred payment agreement shall promptly inform the court of any change of mailing address during the term of the agreement.
Criminal cases
Page 1 | IN RE: PAYMENT PLAN GUIDELINES AND PROCEDURES FOR COURT COSTS, FINES AND RESTITUTION
Civil-case settings must be requested in writing; email is preferred for sending the request.
Civil cases set by written request, email is preferred. Send request to [email protected].
Page 1 | Terms of Court and General Information