Non Payment Of Fines

[nailit]

My son was fined £360 in mags court over a month ago. It was to be paid at £5 p/w. Hes made no attempt to pay it and is burying his head in the sand hoping it will go away. Ive paid off some of his fines in the past but told him hes on his own now.

1) How long will it be before the courts start chasing him up for it (its been over 4 weeks now and not heard anything so far.

2) Presuming the next step will be bailiffs to recover the debt, approx. what value of goods would the bailiffs take to cover the debt (ie, if they took a £300 tv what would THEY value it at...auction cost?)

3) If it came to the point of having to be imprisoned for non payment, how long can he expect for a £360 fine?

Thanks.

[nailit]

Or 'Daddy' in this case TWR :-)

[New Judge]

The fines office will instruct bailiffs to try to recover the debt. This could take a few weeks. If they are unable to do so your son will be summonsed to court. Here a "means enquiry" will be conducted to establish whether he has the funds to pay and has not done so or has no funds. Assuming they decide to enforce the payment, they will set a payment plan backed by suspended prison sentence. The scale for debts of £200 TO £500 is 14 days. If the payment plan is not kept the sentence will be enacted. He will served the full 14 days (there is no release at the halfway stage for sentenced imposed for non-payment of fines).

[TWR]

Take care & think about yourself.

[rockyracoon]

Out of interest, NJ, would the debt be written off if he goes to prison?

[nailit]

Thank you NJ. I was aware that there wouldn't be any remission for non payment but didn't know how long the sentence would be. Thank you for clarifiying.
So in effect, he would get a suspended sentence in the first place and then that sentence would be activated if still no payment?

[EDDIE51]

Nalit did you not see the advice about making a statutory declaration that none of the items in the house belong to your son that was given to you a while back? Once you have made the declaration the bailiffs can't take anything that is listed on it. You need to make the declaration in front of a court or solicitor. I think it was Buenchico who mentioned doing a statutory declaration.
Once the bailiffs realise they can't get any goods they will return the case to court. The court may then give a jail term to pay off the fine , I think it is called 'lodging the fine' but you probably know better than me!

[EDDIE51]

rockyraccon The jail term is in place of the fine, so yes the fine is written off.

[AlfStewart]

Well before you give the books away have them evaluated first as you could be sitting on a literal goldmine and i doubt the bailiffs are as honest as the'd like you to think.

[nailit]

EDDIE, I actually forgot about that, will go back through my AB history and reread. Thanks.

[New Judge]

Yes the debt will be written off on completion of the sentence.

[scooping]

But you asked all this months ago!

[albaqwerty]

when things prey on your mind, it's easy to forget that a similar question has been asked and life has happened in between times.

To my knowledge, it's the police who visit the address and if the fined person can't pay it in full, they will arrest them and then you will have to wait til the next court date/appointment.

[nailit]

Scooping, I asked a question on the 20 june regarding what my son could expect in an upcoming court case
http://www.theanswerbank.co.uk/Law/Question1557742.html
And mentioned bailiffs in the question (hoping against hope that it wouldn't come to it), My 3 question above are of a different nature.

[nailit]

Alba //it's easy to forget that a similar question has been asked//
As I just replied to scooping, the question from 20th june was pre court case, these questions are post court case and different.

[DTCwordfan]

In summary, nailit, look after your own position first as to any potential sharks hanging around....get the protection you need.

[albaqwerty]

have only just seen that Nailit. Apologies x

Doesn't reduce your stress levels tho.

I still think the police will be the first to visit (it happens in Scotland, and I know the law is different up here)

[nailit]

Seems that way DTC...
Alba, Don't know about Scotland but down here the courts want their cash and will send in bailiffs first to try and collect. Got to look back at my old thread and try to protect my belongings before they get taken away, not that I have that much of value anyway,

[New Judge]

“I still think the police will be the first to visit…”

In England and Wales the process is this:

STAGE 1: Once the payment arrangement (agreed when the fines, etc. were imposed) has been defaulted the fines enforcement office will make every effort to recover the sum. This will include the use of bailiffs if appropriate.

STAGE 2: If they are unsuccessful they will initiate a summons to the Magistrates’ Court for the defaulter to attend. If he attends a “means enquiry” will be conducted to establish if he has (1) wilfully refused to pay, (2) shown “culpable neglect” (had the funds but spent them on something else) or (3) no longer is in a position to pay. If (1) or (2) the Magistrates will order a payment plan and this will be backed up by a suspended prison sentence (on a fixed scale relating to the sum owed). If they decide that he no longer has the ability to pay the court can remit (i.e. write off) some or all of the sums owed. However, they cannot remit any sums imposed as a “surcharge” (popularly known as the “Victim Surcharge”) and they should not remit any sums ordered in compensation without first seeking the views of the victim to whom the compensation is owed. If he does not attend the Magistrates may either impose a payment plan and inform him by letter (backed up by a suspended sentence) or issue a warrant for his arrest to secure his attendance in court (it’s their choice).

STAGE 3: If he fails to keep to the payment plan directed in Stage 2 he will again be summonsed to court. This time the Magistrates can either activate the suspended sentence unless full payment is received or they can re-suspend the sentence with an agreed payment plan. If he does not attend at this stage a warrant will normally be issued for his arrest. When he is arrested this time either full payment must be made there and then or he will serve the sentence.

[nailit]

Thanks for that ^^ NJ.

[Davemano]

The court can also take money for the fine from any employment wages or benefit he receives.