How can I figure out where I owe court debt?
You should start by thinking about the courts where you had criminal charges. If you had a finding of guilt in a particular court, then you may owe money there. You can always call the court clerk’s office(s) to check. Contact information for all of the courts can be found at https://www.vacourts.gov/.
You can also search for your name on the Virginia state courts website, at https://eapps.courts.state.va.us/ocis/search. Scroll to the bottom of the page and click “Accept,” then enter your name on the next page. This search function covers most (but not all) Virginia state courts.
How can I figure out the total amounts (and what kinds of debt I owe) to the court(s) where I owe court debt?
You can find out the total amounts and what you owe by visiting or calling the court clerk’s office. A new law (Code Va. 19.2-360.1) effective January 1, 2026 requires the court clerk’s office to provide an itemized statement to a person owing court debt, upon request. This should tell you how much you owe and how that amount was calculated. You may be asked for identification, to get this statement.
How do I respond if my court debt is wrong or I think it is?
Ask the court for an itemized statement, to understand what total they believe is owed, and how it was calculated. If it looks wrong, ask the clerk’s office for info. If it still looks wrong, you may be able to file a petition to adjust the amount. However, there is no form for this. We recommend that you speak with an attorney (if possible) if you may want to pursue this. If not, you should write a clear explanation for what you think is wrong, and why it is wrong. You may need to meet with the judge to discuss this.
What are the options for dealing with court debt in multiple jurisdictions?
The court clerk’s offices are supposed to consider what money you owe in other jurisdictions, when they set payment plan terms. (See Code Va. 19.2-354.1(D).) When you contact the court clerk’s office where you have court debt, tell them about any debt you have in other jurisdictions, and ask for assistance creating a payment plan you can afford. Be specific about what payments you can and cannot keep up with. Generally, you should try to pay restitution first, since most courts consider this the most important type of debt to pay first.
Now that I’ve returned, is my court debt already considered in default?
Under a new law starting January 1, 2027 (Code Va. 19.2-354(F)), for any case where you were sentenced to a term of active incarceration, and there was court debt from that case or other cases sentenced on that same day, the court is supposed to automatically defer the due date for payment (or setting up a payment plan) until 180 days after your release. Right now, it is not clear if that applies to cases that happened before January 1, 2027.
How can I set up a payment plan?
Contact the court clerk’s office. Under Code Va. 19.2-354.1(D), courts are encouraged (but not required) to create affordable payment plans of $25 per month, or less than $25 per month for indigent people. You can point this out to court clerk staff to ask for this kind of payment plan. In some cases, you may need to meet with the judge to seek payment plan terms, if the court clerk’s office cannot approve the plan terms you need.
What if I have no money right now to make payments?
Tell the court about your lack of money. The court clerk’s office can set up a deferred payment plan where no payments are expected for a period of time. In some cases, you may need to meet with the judge to seek payment plan terms, if the court clerk’s office cannot approve the plan terms you need.
In addition to this, the court “may” provide installment payment plans of $25 per month, or “less than $25” per month if someone is indigent. Code Va. 19.2-354.1(D). This may help some people.
What if my only source of income is benefits from the Social Security Administration (retirement, SSI, SSDI, etc.)?
There is a federal law called the SSA anti-alienation provision. It is designed to protect these benefits from collections. A Virginia state law recognizes this. Code Va. 19.2-354.1(K) says that if your only finance resource is these benefits, then you don’t have to pay until you have another resource. Also, if you inform the court of this, then your case is not supposed to be referred to collections.
What do I do if they garnish my wages and it’s more than I can afford to pay?
Contact the court clerk’s office to try to set up a payment plan. Many courts will set payment terms that are less than what might be collected by garnishment. If a payment plan is set up, then the garnishment should end while the payment plan is in effect.
Is there any way to reduce my debt without cash payments?
You can ask the court clerk’s office about community service options. If approved, these allow people who owe debt to do community service hours and be credited at a set rate towards most kinds of court debt.
I did low-paid work behind bars. Can I use that work towards my court debt?
Code Va. 19.2-354(C) allows people to credit underpaid work behind bars – done on or after July 1, 2023 – towards their court debt. The credit is based on the normal community service credit rate set by the court, minus whatever wages you received. [EXAMPLE: If a court credits community service at $12.77/hour, and you were paid $.50/hour behind bars, you could be credited $12.27/hour towards your court debt.]
Under the law, the court should provide you with written information about their community service program, including about crediting work behind bars. The law requires that jails and prisons provide confirmation of hours worked and wages, if you or your designated representative request it.
Once you have this confirmation, you can file a request with the court for crediting. Most courts will let you use the DC-212 form ( https://courts.state.va.us/static/forms/district/dc212.pdf) for this. If the court has a different process, they should let you know that.
How can I get interest (that built up while I was behind bars) waived?
For each court where you owed money while you were behind bars (and interest built up), you ask the jail/prison to fill out a DC-366 (“CERTIFICATION OF INCARCERATION PERIOD”) form (https://www.vacourts.gov/static/forms/district/dc366.pdf).
Once you have that, you complete a DC-366A (“REQUEST FOR WAIVER OF INTEREST ON FINES AND COSTS”) form (https://www.vacourts.gov/static/forms/district/dc366a.pdf) for each court. Turn in the completed DC-366 and DC-366A forms together to each court clerk’s office.
From there, the court clerk’s office(s) should approve the interest waiver, and let you know how much interest was taken off and the new court debt balance.
How can I see about getting the debt reduced or waived?
Under Code Va. 19.2-358(C), courts have the authority to reduce or waive remaining debt, for people who prove that they lack the ability to pay. However, there is no court form for this. Also, there are potential penalties if you have not made payments but the court decides you do have the ability to pay. We recommend that you speak with an attorney (if possible) if you may want to pursue this. If not, you should write a clear explanation for why you cannot pay your court debt, and the relief you seek. You will need to meet with the judge to discuss this. Please keep in mind that Code Va. 19.2-358(C) talks about the possibility of punishing people who have not paid (if the court decides that they have the ability to pay), so you will want to think carefully before filing this type of petition.
Are there any resources for helping me make payment or pay off the debt? (low-cost loans, grants – Fountain Fund, Rainy Day Fund, etc.)
At least two organizations in Virginia sometimes are able to provide assistance. Fountain Fund (https://www.fountainfund.org/) provides low-interest loans to help people pay off court debt. The Rainy Day Fund (https://rainydayfund.us/) sometimes can provide small grants to pay off court debt.
