Madison County Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
If necessary, a separate sheet or sheets of paper can be used.
Formatting
- •Separate sheet or sheets of paper may be used if necessary
Document Filing Requirements10 rules
A payment-plan request may be filed in the clerk's office and must include a sworn petition on the Clerk's form stating the petitioner's financial condition and affordable monthly installment amount.
Court's wording
Any person requesting a plan for the payment of unpaid fines and court costs may file a written request in the clerk's office. The written request must include a petition, under oath, on a form provided by the Clerk. The petition must set forth the petitioner's financial condition and it must set forth the installment amount that the petitioner is able to pay on a monthly basis.
After the clerk notifies the petitioner of the decision, the petitioner must complete and sign any forms the clerk requires.
Court's wording
When a decision is made regarding a request for a deferred or installment payment plan, the petitioner will be notified by the clerk. The petitioner will be responsible for completing and signing any forms that are required by the clerk.
A payment plan shall include only those outstanding fines and costs for which the limitations period set forth in Virginia Code § 19.2-341 has not run.
A payment-plan request must provide enough specific financial information for evaluation, and the clerk will notify the petitioner and allow additional information if needed.
Court's wording
The written request for a payment plan must include enough specific information about the petitioner's financial condition to allow the court to evaluate the request. If more information is required, the petitioner will be notified by the clerk and will be given an opportunity to provide it.
If a petitioner can no longer pay the monthly amount in the payment plan, the petitioner will need to file a request and show just cause with the court for a change in the payment plan.
As a condition of every such agreement, the petitioner 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.
The court must give the defendant written notice of all payment alternatives and include information about the community service program.
Court's wording
(c) Notice of payment alternatives. - The court shall give the defendant written notice of all payment alternatives set forth in subsection (b). The written notice shall also include the availability of the community service program referenced in subsection (d).
Most approved plans require monthly payments, and petitioners should advise the court of their preferred monthly payment day.
Court's wording
Most deferred or installment plans approved by the court will require a monthly payment. Therefore, in making a request for such a plan the petitioner should advise the court as to what day of the month they wish to make regular payments.
Persons should include such information on their petitions.
Additional financial information may be submitted by the petitioner for the Court's consideration.
Filing & Service rules
Service and Proof of Service Rules
The court mails final orders in civil and criminal cases.
Madison County Circuit Court mails the Final Order in Civil and Criminal Cases.
Page 1 | Terms of Court and General Information
Filing Fees and Waivers
Payments under a deferred or installment plan must first be applied to court-ordered restitution and its associated collection costs before other fines or costs.
If the defendant owes court-ordered restitution and enters into a deferred or installment payment plan, any money collected pursuant to such agreement shall be used first to satisty such restitution order and any collection costs associated with restitution prior to being applied to satisfy any other fine or costs owed.
Criminal cases
Page 2 | MADISON COUNTY CIRCUIT COURT PROCEDURES AND POLICIES FOR THE COLLECTION OF UNPAID FINES AND COSTS
Suitable participants may use community service to satisfy fees and court costs, but not restitution or obligations when a Department of Taxation collections fee has been assessed.
The court has available a viable community service program for suitable participants as a means of satisfying fees and court costs. However, community service is only an option in cases where the court finds that the petitioner is a suitable candidate for such program. Community Service hours will not be allowed to be used for restitution or if the petitioner has been assessed a collections fee by the Department of Taxation.
Criminal cases
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A 4% convenience fee is assessed on every credit card payment.
A 4% convenience fee will be assessed on all credit card payments.
Criminal cases
Page 2 | 12.
Payments may be made in person by cash, by check or money order, or by most credit cards; American Express is not accepted.
Forms of payment accepted: Cash (in person only), checks, money orders and most credit cards (American Express is not accepted).
Criminal cases
Page 2 | 12.
A person whose sole financial resource is Social Security or Supplemental Security Income need not pay until obtaining another resource or income, but restitution remains due as ordered.
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 you may have been ordered to pay is not included in this exemption of payment and is due as the court has ordered.
Criminal cases
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Credit card payments may be made at the specified website, mailed payments go to the listed court address, and checks must include the court file number.
For credit card payments, go to: https://eapps.courts.state.vs.us/fmsOnline/#/ Mail all payments to: Madison County Circuit Court, PO Box 220, Madison, VA 22727. Place your court file number on your check.
Criminal cases
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Payments associated with dishonored checks or credit card accounts incur an additional fee of 10%, with a $50 minimum.
Pursuant to Code §19.2-353.3, payments associated with dishonored checks and credit card accounts will be assessed an additional fee of 10% with a minimum of $50.00.
Criminal cases
Page 2 | 12.
A down payment is not required for a deferred or installment payment plan.
A down-payment will not be required as a condition of any deferred or installment plan.
Criminal cases
Page 1 | MADISON COUNTY CIRCUIT COURT PROCEDURES AND POLICIES FOR THE COLLECTION OF UNPAID FINES AND COSTS