Salem Circuit Court, Virginia
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements1 rule
Monthly Payments: The required monthly payment amount for a payment plan is $100.00. If you are unable to pay this: amount, a written explanation is required on your Petition.
Filing & Service rules
Filing Timing and Cure Windows
Civil cases must be set by praecipe received by the clerk seven days before docket call.
Civil cases set by praecipe received by clerk 7 days preceding docket call.
Page 1 | Terms of Court and General Information
Criminal cases are set on Term day.
Criminal cases set on Term day.
Page 1 | Terms of Court and General Information
Filing Fees and Waivers
Accounts past due after July 1, 2013 incur a 17% Commonwealth collection fee on the total owed, with separate interest accruing on the past-due amount.
Accounts that went past due after July 1, 2013 are subject to a 17% Commonwealth collection fee calculated on the total amount owed. Interest will also accrue on the past-due amount, and is separate from the collection fee.
Criminal cases
Page 1 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
Payment plans require monthly payments of $100.00, and a defendant unable to pay that amount must provide a written explanation on the petition.
Monthly Payments: The required monthly payment amount for a payment plan is $100.00. If you are unable to pay this: amount, a written explanation is required on your Petition.
Criminal cases
Page 1 | Monthly Payments
It a defendant detaults on a payment plan they will have the opportunity to request a new payment plan and the court should consider the defendant's change in circumstances in determining whether to approve such request. When a defendant enters into a subsequent payment plan, a down payment will be 15% of the amount owed of the total fines and costs up to $150.00. Nothing in this Rule shall preclude a defendant from choosing to make a larger down payment.
It a defendant detaults on a payment plan they will have the opportunity to request a new payment plan and the court should consider the defendant's change in circumstances in determining whether to approve such request. When a defendant enters into a subsequent payment plan, a down payment will be 15% of the amount owed of the total fines and costs up to $150.00. Nothing in this Rule shall preclude a defendant from choosing to make a larger down payment.
Criminal cases
Page 1 | RE-ENTRY. INTO A PAYMENT PLAN AFTER DEFAULT
Cash, money orders, and bank cashier's checks are accepted; credit cards may be used for court costs with proper identification and a 4% fee, while personal checks and credit cards require Clerk's Office approval.
Acceptable tender types are cash, money orders, and Cashier's checks from a bank. A credit card may. be used to pay Court costs (must show proper identification); however, there is a 4% fee. Personal checks and credit cards require the approval of the Clerk's Office.
Criminal cases
Page 1 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
A defendant whose due date is near or has passed may use the specified petition to request deferred or installment payments, except when on supervised probation.
If your due date is near or has already passed, you may petition the Court for deferred or installment payments using the form Petition for Deferred or Installment Payments, unless you are on supervised probation.
Criminal cases
Page 1 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
Community service may be credited toward fines and costs only for defendants on supervised probation, must be ordered by a Judge, and cannot pay restitution.
Performance of community service for payment of fines and costs has to be Ordered by a Judge, and it is only for those individuals who are on supervised probation. The Probation Officer sets up and monitors the community service. Upon proper documentation provided to the Court from the Probation Officer, the defendant will receive credit at the hourly rate of minimum wage toward payment of fines and costs. Community service cannot be done for payment of restitution. The Clerk's Office does not monitor community service.
Criminal cases
Page 1 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
A defendant whose sole financial resource is Social Security or Supplemental Security Income is exempt from payments until another resource is available, and the case must not be referred to collections when the defendant informs the Court of that resource.
In any case in which a defendant owes fines and costs and where such defendant's sole financial resource is a Social Security benefit or Supplemental Security Income, then such defendant shall be exempt from making payments at least until such time that such defendant has a resource other than a Social Security benefit or Supplemental Security Income. If such defendant informs the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections pursuant to § 19.2-349. Courts shall include in payment plan policies developed in accordance with §§ 19.2-354 and 19.2-354.1 that where the court is informed that a defendant receives a Social Security benefit or Supplemental Security Income, no payment toward fines and costs shall be taken from such exempt resource.
Criminal cases
Page 2 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
Upon a defendant's request, the Court will waive interest accruing on outstanding fines and costs during the defendant's active incarceration serving a sentence for the Commonwealth.
Ifa defendant serves an active sentence of jail or penitentiary time to the Commonwealth, pursuant to Virginia Code Section 19.2-353.5, interest on any outstanding fines and costs owed to this Court or any other Court, which may accrue during the period when the defendant is incarcerated, will be waived by the Court upon the defendant's request.
Criminal cases
Page 2 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
The Court or Clerk may set payment plans and their terms.
Payment plans and terms may be set by the Court or the Clerk.
Criminal cases
Page 1 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY
Chambers Communication Rules
A defendant seeking an interest waiver should contact the Clerk's Office for the proper forms.
The defendant should contact the Clerk's Office for the proper forms for waiver of interest.
Criminal cases
Page 2 | REVISED DEFERRED OR INSTALLMENT PAYMENT POLICY