What happens if you cannot pay a court fine

Not paying a fine on time has consequences, and states set them: late fees, a referral to a collection agency, in some places a hold on a driver's license or vehicle registration, and a hearing. What a court may not do is jail someone simply because they are too poor to pay.

What the Supreme Court has held

• Williams v. Illinois (1970): a state may not keep someone in jail beyond the maximum sentence because they cannot pay a fine.
• Tate v. Short (1971): a state may not turn a fine-only sentence into jail time for someone who cannot pay it at once.
• Bearden v. Georgia (1983): before jailing someone for failing to pay a fine or restitution, a court must ask why they did not pay. If they willfully refused, or did not make real efforts to get the money, jail is allowed within the sentence. If they tried and still could not, the court must consider other measures, such as more time, a reduced amount or community service, and may jail them only if those would not serve the state's interests.

These cases set the floor. Many states have their own rules on ability-to-pay hearings, payment plans and alternatives, and some go further.

What to do

1. Do not ignore the notice. A missed court date can mean a warrant or a default, which is worse than the fine.
2. Ask for help before the due date. Ask the clerk or the judge about a payment plan, community service, a reduced amount, or a hearing on your ability to pay.
3. Bring proof. Pay stubs, a benefits letter, your rent and bills. The question the court must ask is why you did not pay; documents answer it.
4. Ask about a lawyer. In a criminal case, the court may appoint one if you cannot afford one. Legal aid offices often help with fines and license holds.

The payment plan calculator can help you name a monthly amount you can keep.