ChatterBank1 min ago
Refusal to Pay Court Fine...Likely Outcome?
Several months ago I was involved in an altercation with a group of yobs in my local area. Although I was acquitted of an extremely serious offence I was convicted of a minor offence of no real significance.
A £200 compensation order was imposed, accompanied by Court costs. The thugs were never charged with any offence although an independent telephone call was made to the Police prior to myself encountering them informing the authorities of their criminal behaviour. Consequently they still roam our area damaging property and assaulting innocent people.
I am absolutely refusing to pay the young thug ANY money. I understand that eventually I will be forced back to Court with the possibility of incarceration. However, can the Court arrange for debt collectors to attend my home? I don't own a property as I'm currently living with my parents.
Any advice would be greatly appreciated.
A £200 compensation order was imposed, accompanied by Court costs. The thugs were never charged with any offence although an independent telephone call was made to the Police prior to myself encountering them informing the authorities of their criminal behaviour. Consequently they still roam our area damaging property and assaulting innocent people.
I am absolutely refusing to pay the young thug ANY money. I understand that eventually I will be forced back to Court with the possibility of incarceration. However, can the Court arrange for debt collectors to attend my home? I don't own a property as I'm currently living with my parents.
Any advice would be greatly appreciated.
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.You cannot appeal either the conviction or the sentence. Appeals against magistrates’ courts decisions have to be lodged with the Crown Court within 21 days of conviction.
The magistrates will almost certainly have made a “collection order” when imposing the compensation and costs orders. This means that in the event of your failure to pay, action can be taken to recover the sums involved without the matter being brought back to court.
This usually means, in the first instance, that bailiffs will be asked to attempt to recover the sum. If they cannot (because you refuse to pay them and they cannot seize goods which you own which they may sell to cover the sum) the Fines Office will attempt to set up an “attachment to earnings” order or a “deductions from benefit” order (depending on your circumstances) so that the money is compulsorily deducted from your income.
If this fails the matter will be returned to court. You will be ordered to appear before an Enforcement court. The magistrates will enquire into your circumstances and the attempts made to recover the sum. They will determine whether you do not have the ability to pay or are wilfully refusing to pay. Assuming they determine the latter, and they believe that all efforts have been tried and failed ultimately you may be committed to prison. There is a scale of prison sentences which are imposed according to the amount owed. For amounts not exceeding £200 this is seven days. For amounts between £201 and £500 it is fourteen days.
Please note this is a brief summary of the processes involved. There are other minor steps which may or may not be taken depending on the circumstances.
The magistrates will almost certainly have made a “collection order” when imposing the compensation and costs orders. This means that in the event of your failure to pay, action can be taken to recover the sums involved without the matter being brought back to court.
This usually means, in the first instance, that bailiffs will be asked to attempt to recover the sum. If they cannot (because you refuse to pay them and they cannot seize goods which you own which they may sell to cover the sum) the Fines Office will attempt to set up an “attachment to earnings” order or a “deductions from benefit” order (depending on your circumstances) so that the money is compulsorily deducted from your income.
If this fails the matter will be returned to court. You will be ordered to appear before an Enforcement court. The magistrates will enquire into your circumstances and the attempts made to recover the sum. They will determine whether you do not have the ability to pay or are wilfully refusing to pay. Assuming they determine the latter, and they believe that all efforts have been tried and failed ultimately you may be committed to prison. There is a scale of prison sentences which are imposed according to the amount owed. For amounts not exceeding £200 this is seven days. For amounts between £201 and £500 it is fourteen days.
Please note this is a brief summary of the processes involved. There are other minor steps which may or may not be taken depending on the circumstances.
You do realise that although the fine is only £200 once you had bailiff fees etc you could be looking at the amount easily reaching £1000, also the bailiffs can demand access to your parents property and remove anything they believe to be yours such as items in your bedroom, it is up to you to prove that your parents own them and you simply saying that the item is not yours is not acceptable proof
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