Court Rules

Smyth General District Court, Virginia

Court-Level Rules, Filing Procedures & Policies

Rules last changed:

Adjournments

  • The Clerk cannot extend a restitution payment due date.
  • The Clerk grants the first continuance for traffic and misdemeanor cases.
  • A judge grants subsequent continuances for traffic and misdemeanor cases.
  • +2 more

Request must include

Reason for Request
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Document Filing Requirements1 rule

Filing RequirementsCriminal cases

Acknowledgement of the Payment Plan is required with a signature on the DC-210 and a one-time $10.00 Time to Pay Fee is assessed.

smyth · p. 1
|SectionPayment Plan Policy

Filing & Service rules

Filing Timing and Cure Windows

A defendant unable to pay fines, costs, or penalties within 90 days of conviction may request a Modified Deferred Payment Agreement before that period expires.

If a person appearing before the Court is unable to pay fines, costs, or penalties imposed by the Court within 90 days of the conviction date, the defendant may request to enter into a Modified Deferred Payment Agreement BEFORE the 90- day time period expires.

Criminal cases

Page 1 | Payment Plan Policy

Filing Fees and Waivers

The $10.00 Time to Pay fee will be assessed on the account if it has not already been assessed.

The $10.00 Time to Pay fee will be assessed on the account providing the fee has not already been assessed.

Criminal cases

Page 1 | Payment Plan Policy

To extend a defaulted payment agreement, the Court requires a 10% down payment when the total due is under $500, or 5% or $50, whichever is greater, when the total due is over $500.

If a defendant defaults on the payment agreement, the Court requires the following down payment to extend: Total due < $500.00 = down payment of 10% Total due > $500.00 = down payment of 5% or $50, whichever is greater

Criminal cases

Page 1 | Payment Plan Policy

A one-time $10.00 Time to Pay Fee is assessed for a Payment Plan.

Acknowledgement of the Payment Plan is required with a signature on the DC-210 and a one-time $10.00 Time to Pay Fee is assessed.

Criminal cases

Page 1 | Payment Plan Policy

A person whose sole financial resource is Social Security or Supplemental Security Income need not pay fines or costs until another resource or income is available, and the account will not go to collections while that income remains unchanged; restitution remains due as ordered.

If your sole financial resource is a Social Security Benefit or Supplement Security Income, then you are not required to pay fines or costs until you have another resource or income. As long as your sole income remains unchanged, your account will not go to collections. However, any restitution that you have been ordered to pay is not exempt from payment obligations if your financial resources are limited as above. It is due as ordered by the court.

Criminal cases

Page 1 | Payment Plan Policy

The Clerk cannot adjust interest or collection fees.

The Clerk CANNOT adjust any interest or collection fees.

Criminal cases

Page 1 | Payment Plan Policy

Failure to comply with a payment plan could result in added interest and collections fees and an additional down payment for another plan.

Any failure to comply with the terms and conditions of any plan could result in added interest and collections fees, as well as an additional down payment for another payment plan.

Criminal cases

Page 1 | Payment Plan Policy

The court cannot collect monetary payments after 3:45 p.m.

No monetary payments can be collected after 3:45 p.m.

Page 1 | Clerk's Office Hours

Adjournment & Extension Requirements

The Clerk grants the first civil continuance upon agreement of all parties and a written request from the Plaintiff.

First continuance granted by Clerk upon agreement of all parties with written request from Plaintiff;

Page 1 | Continuance Policy — Civil

The Clerk grants the first continuance for traffic and misdemeanor cases.

First continuance granted by Clerk;

Page 1 | Continuance Policy — Traffic and Misdemeanors

A continuance of a mandatory court appearance requires a written request showing good cause and must be granted by a judge.

Continuances for a mandatory court appearance requires written request with good cause and to be granted by Judge.

Page 1 | Continuance Policy — Traffic and Misdemeanors

A judge grants subsequent continuances for traffic and misdemeanor cases.

Subsequent continuance granted by Judge.

Page 1 | Continuance Policy — Traffic and Misdemeanors

The Clerk cannot extend a restitution payment due date.

The Clerk cannot extend a restitution payment due date.

Criminal cases

Page 1 | Payment Plan Policy

Chambers Communication Rules

During the payment agreement, the defendant must promptly inform the Court of any change in mailing address.

The defendant shall promptly inform the Court of any change in the mailing address during the term of the agreement.

Criminal cases

Page 1 | Payment Plan Policy

Common questions about Smyth General District Court, Virginia rules

What must be included with payment plan acknowledgement filings in Smyth General District Court, Virginia?

A Payment Plan acknowledgement must be signed on the DC-210.

View ruleSource: page 1, section Payment Plan Policy

How may parties contact Smyth General District Court, Virginia?

During the payment agreement, the defendant must promptly inform the Court of any change in mailing address.

View ruleSource: page 1, section Payment Plan Policy

How do I request an adjournment or extension in Smyth General District Court, Virginia?

The Clerk grants the first continuance for traffic and misdemeanor cases.

View ruleSource: page 1, section Continuance Policy — Traffic and Misdemeanors

Are filing fees or waivers addressed in Smyth General District Court, Virginia?

A fee is required for covered filings. The $10.00 Time to Pay fee will be assessed on the account if it has not already been assessed.

View ruleSource: page 1, section Payment Plan Policy

What filing deadlines does Smyth General District Court, Virginia set?

A defendant unable to pay fines, costs, or penalties within 90 days of conviction may request a Modified Deferred Payment Agreement before that period expires.

View ruleSource: page 1, section Payment Plan Policy
Complete rules summary for Smyth General District Court, Virginia

Failure to comply with a payment plan could result in added interest and collections fees and an additional down payment for another plan.

The $10.00 Time to Pay fee will be assessed on the account if it has not already been assessed.

A defendant unable to pay fines, costs, or penalties within 90 days of conviction may request a Modified Deferred Payment Agreement before that period expires.

The Clerk cannot extend a restitution payment due date.

A Payment Plan acknowledgement must be signed on the DC-210.

A one-time $10.00 Time to Pay Fee is assessed for a Payment Plan.

To extend a defaulted payment agreement, the Court requires a 10% down payment when the total due is under $500, or 5% or $50, whichever is greater, when the total due is over $500.

The Clerk cannot adjust interest or collection fees.

During the payment agreement, the defendant must promptly inform the Court of any change in mailing address.

A person whose sole financial resource is Social Security or Supplemental Security Income need not pay fines or costs until another resource or income is available, and the account will not go to collections while that income remains unchanged; restitution remains due as ordered.

The court cannot collect monetary payments after 3:45 p.m.

The Clerk grants the first continuance for traffic and misdemeanor cases.

A judge grants subsequent continuances for traffic and misdemeanor cases.

A continuance of a mandatory court appearance requires a written request showing good cause and must be granted by a judge.

The Clerk grants the first civil continuance upon agreement of all parties and a written request from the Plaintiff.

More Judges in Smyth General District Court, Virginia

Robert L. Hobbs
Judge
Suzan E. Moore
Judge
Travis B. Lee
Judge