unable to pay court fine

29spots

We have a court fine of £2000, the court wants us to pay £65 a month but we are only able to pay £20 a month as our mortgage is due to go up to. We have advised the court of this and set up a standing order for the amount that we can afford. We have received a letter today say you have failed to pay, pay up in full or we take you to court. Please help!!!

immoral_angeluk

They're going to take you to court for a court fine?? I'm confused..

29spots

They will either sent the bailiffs or take us back to court and could increase the fine by 50%.

rayday2

I don't think you can mess with court fines, usually at the time they are set they ask about your financial contributions.

Are you saying that your mortgage is going up by £45 a month? I think you need to look at your outgoings and priortise this court debt or you are in serious trouble.

teeni

contact the court office to see if you need to go back to court to re organize the repayment.

It may require a new hearing with your changed circumstances to reduce the payments

Conor_3

On £2000, I very much doubt £20 a week will be accepted. The idea of a fine is that it's a punishment, not just something you pay at a level that still allows you to still have Sky TV, internet and go down the pub on a weekend.

Basically, they'll work out what the BASIC amount you need to live on is. Anything above that you can pay the fine at. What debt your in isn't their problem. As far as the law is concerned, paying the fine is the most important thing.

If you're skint you could always ask to do a couple of weeks in prison instead of paying. Or perhaps you could prioritise things such as not spending £40 a week on cigs or booze if you do.

rayday2

I did work experience in the courts and they frowned on anyone complaining about fines, a fine is usually getting off lightly, at the time of sentence they look at your finances and see what you can afford.

Taking it back into court could cost you a lot unless you honestly believe that they have set an unfair limit I would post your SOA and see if anyone can think of cutbacks.

The sooner your fine is paid and not hanging round your neck the better!

rog2

29spots wrote: »

We have a court fine of £2000, the court wants us to pay £65 a month but we are only able to pay £20 a month as our mortgage is due to go up to. We have advised the court of this and set up a standing order for the amount that we can afford. We have received a letter today say you have failed to pay, pay up in full or we take you to court. Please help!!!

I would reccomend that you have a word with CAB. There MUST be a way to alter a payment order when your circumstances change.
It is not as if you are trying to avoid paying the fine, in which case you could risk imprisonment, and the courts should listen to your case.

davek1

29

I am an ex-police officer and still work in the criminal justice system. You can ask the court to set what is called a means test/enquiry hearing. At this hearing you go along and swear an oath on the bible or affirm. You will be asked about your income and outgoings and you can explain why you can't afford to pay at the rate set. Take along any evidence of outgoings such as mortgage statement or letters etc.

Whatever you do don't ignore the fine it wont go away and the courts will listen to you but you must must must contact the court ASAP. If you cant afford a solicitor then you may be entitled to legal aid. It may well be best to seek legal advice from a criminal solicitor.

If i can help further then drop me a message.

Dave