{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-354.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-354.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-354.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-354.1.html"}],"law_id":55661,"edition_id":1,"section_id":55661,"structure_id":14349,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","history":"2017, cc. 802, 806; 2020, cc. 964, 965; 2021, Sp. Sess. I, c. 388; 2024, cc. 735, 775; 2025, c. 545.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Deferred payment agreement” means an agreement in which no installment payments are required and the defendant agrees to pay the full amount of the fines and costs at the end of the agreement’s stated term.\n\t\t\t“Fines and costs” means all fines, court costs, forfeitures, and penalties assessed in any case by a single court against a defendant for the commission of any crime or traffic infraction. “Fines and costs” includes restitution unless the court orders a separate payment schedule for restitution.\n\t\t\t“Installment payment agreement” means an agreement in which the defendant agrees to make monthly or other periodic payments until the fines and costs are paid in full.\n\t\t\t“Modified deferred payment agreement” means a deferred payment agreement in which the defendant also agrees to use best efforts to make monthly or other periodic payments.B\n\nThe court shall give a defendant ordered to pay fines and costs written notice of the availability of deferred, modified deferred, and installment payment agreements and, if a community service program has been established, the availability of earning credit toward discharge of fines and costs through the performance of community service work. The court shall offer any defendant the opportunity to enter into a deferred payment agreement, modified deferred payment agreement, or installment payment agreement.C\n\nThe court shall not deny a defendant the opportunity to enter into a deferred, modified deferred, or installment payment agreement solely (i) because of the category of offense for which the defendant was convicted or found not innocent, (ii) because of the total amount of all fines and costs, (iii) because the defendant previously defaulted under the terms of a payment agreement, (iv) because the fines and costs have been referred for collections pursuant to § 19.2-349, or (v) because the defendant has not established a payment history.D\n\nIn determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of the payments, the court shall take into account the defendant’s financial resources and obligations, including any fines and costs owed by the defendant in other courts. If the defendant requests to enter into an installment agreement, the court may offer installment payments of (i) $25 per month, or a higher amount, depending on a defendant’s ability to pay, which the court shall determine using a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the defendant’s financial resources and obligations or by conducting an oral examination of the defendant to determine his financial resources and obligations or (ii) less than $25 per month if the defendant is determined to be indigent by the court pursuant to § 19.2-159. The length of a payment agreement and the amount of the payments shall be reasonable in light of the defendant’s financial resources and obligations and shall not be based solely on the amount of fines and costs. The court may offer a payment agreement combining an initial period during which no payment of fines and costs is required followed by a period of installment payments.E\n\nNo court shall require a defendant to make a down payment upon entering a deferred, modified deferred, or installment payment agreement, other than a subsequent payment agreement, in which case the court may require a down payment pursuant to subsection I. Nothing in this section shall prevent a defendant from voluntarily making a down payment upon entering any payment agreement.F\n\nAll fines and costs that a defendant owes for all cases in any single court may be incorporated into one payment agreement, unless otherwise ordered by the court in specific cases. A payment agreement shall include only those outstanding fines and costs for which the limitations period set forth in § 19.2-341 has not run.G\n\nAny payment received within 10 days of its due date shall be considered to be timely made.H\n\nAt any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the court may grant such modification based on a good faith showing of need.I\n\nA defendant who has defaulted on a payment agreement may petition the court for a subsequent payment agreement. In determining whether to approve the request for a subsequent payment agreement, the court shall consider any change in the defendant’s circumstances. A court may require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or less, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater. When a defendant enters into a subsequent payment agreement, a court shall not require a defendant to establish a payment history on the subsequent payment agreement before restoring the defendant’s driver’s license.J\n\nIn any case in which a defendant owes fines and costs and where such defendant’s sole financial resource is a Social Security benefit or Supplemental Security Income, then such defendant shall be exempt from making payments at least until such time that such defendant has a resource other than a Social Security benefit or Supplemental Security Income. If such defendant informs the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections pursuant to § 19.2-349. Courts shall include in payment plan policies developed in accordance with §§ 19.2-354 and 19.2-354.1 that where the court is informed that a defendant receives a Social Security benefit or Supplemental Security Income, no payment toward fines and costs shall be taken from such exempt resource.\n\t\t\tNo Social Security benefit or Supplemental Security Income shall be considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of payments, if any, pursuant to subsection D.","order_by":null,"text":{"0":{"id":204021,"text":"For purposes of this section:\n\t\t\t“Deferred payment agreement” means an agreement in which no installment payments are required and the defendant agrees to pay the full amount of the fines and costs at the end of the agreement’s stated term.\n\t\t\t“Fines and costs” means all fines, court costs, forfeitures, and penalties assessed in any case by a single court against a defendant for the commission of any crime or traffic infraction. “Fines and costs” includes restitution unless the court orders a separate payment schedule for restitution.\n\t\t\t“Installment payment agreement” means an agreement in which the defendant agrees to make monthly or other periodic payments until the fines and costs are paid in full.\n\t\t\t“Modified deferred payment agreement” means a deferred payment agreement in which the defendant also agrees to use best efforts to make monthly or other periodic payments.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204022,"text":"The court shall give a defendant ordered to pay fines and costs written notice of the availability of deferred, modified deferred, and installment payment agreements and, if a community service program has been established, the availability of earning credit toward discharge of fines and costs through the performance of community service work. The court shall offer any defendant the opportunity to enter into a deferred payment agreement, modified deferred payment agreement, or installment payment agreement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204023,"text":"The court shall not deny a defendant the opportunity to enter into a deferred, modified deferred, or installment payment agreement solely (i) because of the category of offense for which the defendant was convicted or found not innocent, (ii) because of the total amount of all fines and costs, (iii) because the defendant previously defaulted under the terms of a payment agreement, (iv) because the fines and costs have been referred for collections pursuant to § 19.2-349, or (v) because the defendant has not established a payment history.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204024,"text":"In determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of the payments, the court shall take into account the defendant’s financial resources and obligations, including any fines and costs owed by the defendant in other courts. If the defendant requests to enter into an installment agreement, the court may offer installment payments of (i) $25 per month, or a higher amount, depending on a defendant’s ability to pay, which the court shall determine using a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the defendant’s financial resources and obligations or by conducting an oral examination of the defendant to determine his financial resources and obligations or (ii) less than $25 per month if the defendant is determined to be indigent by the court pursuant to § 19.2-159. The length of a payment agreement and the amount of the payments shall be reasonable in light of the defendant’s financial resources and obligations and shall not be based solely on the amount of fines and costs. The court may offer a payment agreement combining an initial period during which no payment of fines and costs is required followed by a period of installment payments.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204025,"text":"No court shall require a defendant to make a down payment upon entering a deferred, modified deferred, or installment payment agreement, other than a subsequent payment agreement, in which case the court may require a down payment pursuant to subsection I. Nothing in this section shall prevent a defendant from voluntarily making a down payment upon entering any payment agreement.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":204026,"text":"All fines and costs that a defendant owes for all cases in any single court may be incorporated into one payment agreement, unless otherwise ordered by the court in specific cases. A payment agreement shall include only those outstanding fines and costs for which the limitations period set forth in § 19.2-341 has not run.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":204027,"text":"Any payment received within 10 days of its due date shall be considered to be timely made.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":204028,"text":"At any time during the duration of a payment agreement, the defendant may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the court may grant such modification based on a good faith showing of need.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":204029,"text":"A defendant who has defaulted on a payment agreement may petition the court for a subsequent payment agreement. In determining whether to approve the request for a subsequent payment agreement, the court shall consider any change in the defendant’s circumstances. A court may require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or less, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater. When a defendant enters into a subsequent payment agreement, a court shall not require a defendant to establish a payment history on the subsequent payment agreement before restoring the defendant’s driver’s license.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":204030,"text":"In any case in which a defendant owes fines and costs and where such defendant’s sole financial resource is a Social Security benefit or Supplemental Security Income, then such defendant shall be exempt from making payments at least until such time that such defendant has a resource other than a Social Security benefit or Supplemental Security Income. If such defendant informs the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections pursuant to § 19.2-349. Courts shall include in payment plan policies developed in accordance with §§ 19.2-354 and 19.2-354.1 that where the court is informed that a defendant receives a Social Security benefit or Supplemental Security Income, no payment toward fines and costs shall be taken from such exempt resource.\n\t\t\tNo Social Security benefit or Supplemental Security Income shall be considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement and the amount of payments, if any, pursuant to subsection D.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":14349,"edition_id":1,"name":"Payment of Fines and Costs on Installment Basis, etc","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":14348,"metadata":{},"date_created":"2026-06-26 03:47:50","date_modified":"2026-06-26 03:47:50","permalink":{"id":170065,"object_type":"structure","relational_id":14349,"identifier":"4","token":"19.2\/21\/4","url":"\/19.2\/21\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14348,"edition_id":1,"name":"Recovery of Fines and Penalties","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:47:50","date_modified":"2026-06-26 03:47:50","permalink":{"id":169977,"object_type":"structure","relational_id":14348,"identifier":"21","token":"19.2\/21","url":"\/19.2\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81152,"structure_id":14349,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","url":"\/19.2-354\/","token":"19.2\/21\/4\/19.2-354","metadata":false},{"id":55661,"structure_id":14349,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","url":"\/19.2-354.1\/","token":"19.2\/21\/4\/19.2-354.1","metadata":false},{"id":57384,"structure_id":14349,"section_number":"19.2-355","catch_line":"Petition of defendant","url":"\/19.2-355\/","token":"19.2\/21\/4\/19.2-355","metadata":false},{"id":79789,"structure_id":14349,"section_number":"19.2-356","catch_line":"Payment of fine or costs as condition of probation or suspension of sentence","url":"\/19.2-356\/","token":"19.2\/21\/4\/19.2-356","metadata":false},{"id":70068,"structure_id":14349,"section_number":"19.2-357","catch_line":"Requiring that defendant be of peace and good behavior until fine and costs are paid","url":"\/19.2-357\/","token":"19.2\/21\/4\/19.2-357","metadata":false},{"id":65492,"structure_id":14349,"section_number":"19.2-358","catch_line":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","url":"\/19.2-358\/","token":"19.2\/21\/4\/19.2-358","metadata":false}],"previous_section":{"id":81152,"structure_id":14349,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","url":"\/19.2-354\/","token":"19.2\/21\/4\/19.2-354","metadata":false},"next_section":{"id":57384,"structure_id":14349,"section_number":"19.2-355","catch_line":"Petition of defendant","url":"\/19.2-355\/","token":"19.2\/21\/4\/19.2-355","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-354.1\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 802<\/a> and 806<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2020, chapters 964<\/a> and 965<\/a>; in 2024, chapters 735<\/a> and 775<\/a>; in 2025, chapter 545<\/a>.<\/p>","references":[{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"}],"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"},{"id":84177,"section_number":"19.2-341","catch_line":"Penalties other than fines; how recovered; in what name; limitation of actions","order_by":null,"url":"\/19.2-341\/"},{"id":80926,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","order_by":null,"url":"\/19.2-349\/"},{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"}],"permalink":{"id":170071,"object_type":"law","relational_id":55661,"identifier":"19.2-354.1","token":"19.2\/21\/4\/19.2-354.1","url":"\/19.2-354.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-354.1\/","token":"19.2\/21\/4\/19.2-354.1","dublin_core":{"Title":"Deferred or installment payment agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-354.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Deferred payment agreement<\/span>” means an agreement in which no installment payments are required and the defendant<\/span> agrees to pay the full amount of the fines and costs<\/span> at the end of the agreement’s stated term.\n\t\t\t“Fines and costs<\/span>” means all fines, court costs, forfeitures, and penalties assessed in any case by a single court against a defendant<\/span> for the commission of any crime<\/span> or traffic infraction. “Fines and costs<\/span>” includes restitution<\/span> unless the court orders<\/span> a separate payment schedule for restitution<\/span>.\n\t\t\t“Installment payment agreement<\/span>” means an agreement in which the defendant<\/span> agrees to make monthly or other periodic payments until the fines and costs<\/span> are paid in full.\n\t\t\t“Modified deferred payment agreement<\/span><\/span>” means a deferred payment agreement<\/span> in which the defendant<\/span> also agrees to use best efforts to make monthly or other periodic payments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court shall give a defendant<\/span> ordered to pay fines and costs<\/span> written notice of the availability of deferred, modified deferred, and installment payment agreements<\/span> and, if a community service<\/span> program has been established, the availability of earning credit toward discharge of fines and costs<\/span> through the performance of community service<\/span> work. The court shall offer any defendant<\/span> the opportunity to enter into a deferred payment agreement<\/span>, modified deferred payment agreement<\/span><\/span>, or installment payment agreement<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court shall not deny a defendant<\/span> the opportunity to enter into a deferred, modified deferred, or installment payment agreement<\/span> solely (i) because of the category of offense<\/span> for which the defendant<\/span> was convicted or found not innocent, (ii) because of the total amount of all fines and costs<\/span>, (iii) because the defendant<\/span> previously defaulted under the terms of a payment agreement, (iv) because the fines and costs<\/span> have been referred for collections pursuant to § 19.2-349<\/a>, or (v) because the defendant<\/span> has not established a payment history. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In determining the length of time to pay under a deferred, modified deferred, or installment payment agreement<\/span> and the amount of the payments, the court shall take into account the defendant<\/span>’s financial resources and obligations, including any fines and costs<\/span> owed by the defendant<\/span> in other courts<\/span>. If the defendant<\/span> requests to enter into an installment agreement, the court may offer installment payments of (i) $25 per month, or a higher amount, depending on a defendant<\/span>’s ability to pay, which the court shall determine using a written financial statement, on a form developed by the Executive Secretary of the Supreme Court, setting forth the defendant<\/span>’s financial resources and obligations or by conducting an oral examination of the defendant<\/span> to determine his financial resources and obligations or (ii) less than $25 per month if the defendant<\/span> is determined to be indigent<\/span> by the court pursuant to § 19.2-159<\/a>. The length of a payment agreement and the amount of the payments shall be reasonable in light of the defendant<\/span>’s financial resources and obligations and shall not be based solely on the amount of fines and costs<\/span>. The court may offer a payment agreement combining an initial period during which no payment of fines and costs<\/span> is required followed by a period of installment payments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No court shall require a defendant<\/span> to make a down payment upon entering a deferred, modified deferred, or installment payment agreement<\/span>, other than a subsequent payment agreement, in which case the court may require a down payment pursuant to subsection I. Nothing in this section shall prevent a defendant<\/span> from voluntarily making a down payment upon entering any payment agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> All fines and costs<\/span> that a defendant<\/span> owes for all cases in any single court may be incorporated into one payment agreement, unless otherwise ordered by the court in specific cases. A payment agreement shall include only those outstanding fines and costs<\/span> for which the limitations period set forth in § 19.2-341<\/a> has not run. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any payment received within 10 days of its due date shall be considered to be timely made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> At any time during the duration of a payment agreement, the defendant<\/span> may request a modification of the agreement in writing on a form provided by the Executive Secretary of the Supreme Court, and the court may grant such modification based on a good faith showing of need. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> A defendant<\/span> who has defaulted on a payment agreement may petition<\/span> the court for a subsequent payment agreement. In determining whether to approve the request for a subsequent payment agreement, the court shall consider any change in the defendant<\/span>’s circumstances. A court may require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs<\/span> owed are $500 or less, 10 percent of such amount or (ii) if the fines and costs<\/span> owed are more than $500, five percent of such amount or $50, whichever is greater. When a defendant<\/span> enters into a subsequent payment agreement, a court shall not require a defendant<\/span> to establish a payment history on the subsequent payment agreement before restoring the defendant<\/span>’s driver’s license. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> In any case in which a defendant<\/span> owes fines and costs<\/span> and where such defendant<\/span>’s sole financial resource is a Social Security benefit or Supplemental Security Income, then such defendant<\/span> shall be exempt from making payments at least until such time that such defendant<\/span> has a resource other than a Social Security benefit or Supplemental Security Income. If such defendant<\/span> informs the court that his sole financial resource is a Social Security benefit or Supplemental Security Income, the case shall not be referred to collections pursuant to § 19.2-349<\/a>. Courts<\/span> shall include in payment plan policies developed in accordance with §§ 19.2-354<\/a> and 19.2-354.1<\/a> that where the court is informed that a defendant<\/span> receives a Social Security benefit or Supplemental Security Income, no payment toward fines and costs<\/span> shall be taken from such exempt resource.\n\t\t\tNo Social Security benefit or Supplemental Security Income shall be considered an available resource in determining the length of time to pay under a deferred, modified deferred, or installment payment agreement<\/span> and the amount of payments, if any, pursuant to subsection D. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFERRED OR INSTALLMENT PAYMENT AGREEMENTS (\u00a7 19.2-354.1)\n\nA. For purposes of this section:\n\t\t\t“Deferred payment agreement” means an agreement in which no\ninstallment payments are required and the defendant agrees to pay the full\namount of the fines and costs at the end of the agreement’s stated term.\n\t\t\t“Fines and costs” means all fines, court costs, forfeitures, and\npenalties assessed in any case by a single court against a defendant for the\ncommission of any crime or traffic infraction. “Fines and costs”\nincludes restitution unless the court orders a separate payment schedule for\nrestitution.\n\t\t\t“Installment payment agreement” means an agreement in which the\ndefendant agrees to make monthly or other periodic payments until the fines and\ncosts are paid in full.\n\t\t\t“Modified deferred payment agreement” means a deferred payment\nagreement in which the defendant also agrees to use best efforts to make monthly\nor other periodic payments.\n\nB. The court shall give a defendant ordered to pay fines and costs written\nnotice of the availability of deferred, modified deferred, and installment\npayment agreements and, if a community service program has been established, the\navailability of earning credit toward discharge of fines and costs through the\nperformance of community service work. The court shall offer any defendant the\nopportunity to enter into a deferred payment agreement, modified deferred\npayment agreement, or installment payment agreement.\n\nC. The court shall not deny a defendant the opportunity to enter into a\ndeferred, modified deferred, or installment payment agreement solely (i) because\nof the category of offense for which the defendant was convicted or found not\ninnocent, (ii) because of the total amount of all fines and costs, (iii) because\nthe defendant previously defaulted under the terms of a payment agreement, (iv)\nbecause the fines and costs have been referred for collections pursuant to\n§ 19.2-349, or (v) because the defendant has not established a payment\nhistory.\n\nD. In determining the length of time to pay under a deferred, modified deferred,\nor installment payment agreement and the amount of the payments, the court shall\ntake into account the defendant’s financial resources and obligations,\nincluding any fines and costs owed by the defendant in other courts. If the\ndefendant requests to enter into an installment agreement, the court may offer\ninstallment payments of (i) $25 per month, or a higher amount, depending on a\ndefendant’s ability to pay, which the court shall determine using a\nwritten financial statement, on a form developed by the Executive Secretary of\nthe Supreme Court, setting forth the defendant’s financial resources and\nobligations or by conducting an oral examination of the defendant to determine\nhis financial resources and obligations or (ii) less than $25 per month if the\ndefendant is determined to be indigent by the court pursuant to § 19.2-159.\nThe length of a payment agreement and the amount of the payments shall be\nreasonable in light of the defendant’s financial resources and obligations\nand shall not be based solely on the amount of fines and costs. The court may\noffer a payment agreement combining an initial period during which no payment of\nfines and costs is required followed by a period of installment payments.\n\nE. No court shall require a defendant to make a down payment upon entering a\ndeferred, modified deferred, or installment payment agreement, other than a\nsubsequent payment agreement, in which case the court may require a down payment\npursuant to subsection I. Nothing in this section shall prevent a defendant from\nvoluntarily making a down payment upon entering any payment agreement.\n\nF. All fines and costs that a defendant owes for all cases in any single court\nmay be incorporated into one payment agreement, unless otherwise ordered by the\ncourt in specific cases. A payment agreement shall include only those\noutstanding fines and costs for which the limitations period set forth in §\n19.2-341 has not run.\n\nG. Any payment received within 10 days of its due date shall be considered to be\ntimely made.\n\nH. At any time during the duration of a payment agreement, the defendant may\nrequest a modification of the agreement in writing on a form provided by the\nExecutive Secretary of the Supreme Court, and the court may grant such\nmodification based on a good faith showing of need.\n\nI. A defendant who has defaulted on a payment agreement may petition the court\nfor a subsequent payment agreement. In determining whether to approve the\nrequest for a subsequent payment agreement, the court shall consider any change\nin the defendant’s circumstances. A court may require a down payment to\nenter into a subsequent payment agreement, provided that the down payment\nrequired to enter into a subsequent payment agreement shall not exceed (i) if\nthe fines and costs owed are $500 or less, 10 percent of such amount or (ii) if\nthe fines and costs owed are more than $500, five percent of such amount or $50,\nwhichever is greater. When a defendant enters into a subsequent payment\nagreement, a court shall not require a defendant to establish a payment history\non the subsequent payment agreement before restoring the defendant’s\ndriver’s license.\n\nJ. In any case in which a defendant owes fines and costs and where such\ndefendant’s sole financial resource is a Social Security benefit or\nSupplemental Security Income, then such defendant shall be exempt from making\npayments at least until such time that such defendant has a resource other than\na Social Security benefit or Supplemental Security Income. If such defendant\ninforms the court that his sole financial resource is a Social Security benefit\nor Supplemental Security Income, the case shall not be referred to collections\npursuant to § 19.2-349. Courts shall include in payment plan policies\ndeveloped in accordance with §§ 19.2-354 and 19.2-354.1 that where the\ncourt is informed that a defendant receives a Social Security benefit or\nSupplemental Security Income, no payment toward fines and costs shall be taken\nfrom such exempt resource.\n\t\t\tNo Social Security benefit or Supplemental Security Income shall be\nconsidered an available resource in determining the length of time to pay under\na deferred, modified deferred, or installment payment agreement and the amount\nof payments, if any, pursuant to subsection D.\n\nHISTORY: 2017, cc. 802, 806; 2020, cc. 964, 965; 2021, Sp. Sess. I, c. 388;\n2024, cc. 735, 775; 2025, c. 545.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}