Unpaid magistrates' court fines: what to do

Fines imposed by a magistrates’ court are treated more seriously than almost any other debt. The court sets the payments, can take money straight from your wages or benefits, and has enforcement powers other creditors do not. In England and Wales, fines also survive every formal debt solution. The upside is that the fines office can change your payments if your circumstances change, and it is far easier to do that early. This guide covers England and Wales, with short notes on Scotland and Northern Ireland at the end.

Is a court fine a priority debt?

Yes. National Debtline treats fines as a priority debt because the magistrates’ court has the power to send you to prison for not paying. Bailiffs collecting criminal fines can also force entry to your home as a last resort. Put your fine alongside rent or mortgage, council tax and energy at the top of your list, ahead of cards and loans. Our guide to priority and non-priority debts explains how to order them.

The amount you owe on a court “fine” account can include more than the fine itself: compensation to a victim, the victim surcharge and prosecution costs are all paid through the same system.

How are fine payments set?

When a court fines you, it must take your financial circumstances into account, as far as it knows them. That is why it is worth being honest about your income, outgoings and other debts at the hearing, and bringing evidence such as payslips or a benefit letter.

You then get a collection order. National Debtline says it sets out how much you owe, the payment terms (which may be instalments, or payment in full within 10 days), whether an attachment of earnings order or deductions from benefits have been made, and which fines office deals with your case. Keep this letter: it has the contact details and reference you need.

Can a fine be taken from your wages or benefits?

Yes. The court or the fines officer can arrange for payments to come straight out of your income.

• From your wages. An attachment of earnings order tells your employer to take money from your pay and send it to the court. For fines, a fines officer can make one without a court hearing, and the amount follows a set scale based on your take-home pay. See attachment of earnings orders.
• From your benefits. The Department for Work and Pensions can pay part of your benefits to the court. National Debtline gives the usual amounts as £5 a week from Pension Credit and the older income-related benefits, and 5% of your standard allowance if you get Universal Credit. Different amounts apply to contribution-based Jobseeker’s Allowance and Employment and Support Allowance.

If a deduction leaves you unable to pay for essentials, contact the fines office and ask for the amount to be reviewed, as described below.

What if you cannot afford the payments?

Act before you miss a payment if you can.

1. Contact the fines office using the number on your collection order or notice. Explain what has changed and offer an amount you can afford. Have a budget ready, showing your income, essential costs and other debts.
2. Appeal if you are refused. National Debtline says that if the fines officer refuses your request, you can appeal to the magistrates’ court within 10 days.
3. Ask about reducing the fine only if your circumstances are exceptional. The court can remit (cancel) some or all of a fine, but National Debtline says this is unlikely and that compensation orders and costs cannot be written off.

What happens if you do not pay a court fine?

If you fall behind, the fines officer can send you a notice of the further steps it intends to take, or refer your case back to the court. The steps include:

• Bailiffs. Most courts use private enforcement agents to collect fines under a warrant of control. They must give you at least 14 clear days’ notice before visiting, and their fees are added to what you owe: £79 at the compliance stage, £247 at the enforcement stage and £116 at the sale stage, plus 7.5% of any amount above £1,900 at the later stages. See bailiffs: what they can and cannot do and what is a warrant of control?
• Registering the fine. The fine can go on the Register of Judgments, Orders and Fines, which can affect your ability to get credit. National Debtline says it usually stays for 5 years.
• Clamping your vehicle. A clamping order can be made if the fines officer thinks you can afford to pay and the vehicle is worth enough to cover the fine and costs. National Debtline says the vehicle can be removed after 24 hours.
• Transfer to the civil courts. The fines officer can apply for the fine to be enforced in the County Court or High Court.
• Increasing the fine. National Debtline says the court can increase the fine by half if it thinks you have not paid because of wilful refusal or culpable neglect.
• Prison. Only as a last resort, after a means hearing, and only if the court finds wilful refusal or culpable neglect.

It is never too late to contact the fines office. Agreeing a new arrangement early can stop further fees being added.

Can court fines go into an IVA, DRO or bankruptcy?

No. Magistrates’ court fines cannot be included in any of them, and they are not paused by a Breathing Space either.

• IVA. Citizens Advice and National Debtline both list magistrates’ court fines among the debts an IVA cannot include.
• DRO. Court fines are excluded from a debt relief order.
• Bankruptcy. A fine for an offence is not a debt that can be claimed in bankruptcy, and being discharged from bankruptcy does not release you from it.
• Breathing Space. Court fines are on the list of debts a Breathing Space does not cover.

That does not mean a debt solution is irrelevant. If you have other debts, dealing with them can free up money for the fine. In an IVA, for example, your fine payments are built into your budget as an essential cost before your IVA payment is worked out. The debt solutions comparison sets out how the options differ.

What about fines in Scotland and Northern Ireland?

Scotland

Unpaid court fines are collected by the Scottish Courts and Tribunals Service. A fines enforcement officer can change how much you pay each month if your circumstances change. If you do not pay, they can clamp and sell your vehicle, take money from your wages, freeze money in your bank account, or arrange with the DWP to take money from your benefits. Court fines are not written off by a trust deed and cannot be included in sequestration (bankruptcy). See debt solutions in Scotland.

Northern Ireland

If a fine is not paid within the time the judge set, the Fine Collection and Enforcement Service takes over. You may be given a payment plan or more time. If you still do not pay, it can take money from your benefits or wages, freeze money in your bank account, or ask the court for a vehicle seizure order. You may be given a supervised activity order (unpaid work in the community) instead, and a judge can send you to prison for not paying. See IVAs, bankruptcy and DROs in Northern Ireland for the debt solutions there.

What to do next

1. Find your collection order or latest letter from the fines office, and check how much you owe and what you are meant to be paying.
2. If you cannot keep up, contact the fines office before the next payment, with a budget showing what you can afford.
3. Get free, impartial debt advice from MoneyHelper, StepChange, Citizens Advice or National Debtline. An adviser can help you negotiate with the fines office and deal with your other debts: see where to get free debt advice.

For other kinds of debt and how each is treated, see types of debt. If you use our checker, we may pass your details to a licensed insolvency practitioner or debt adviser.