{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-358.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-358.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-358.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-358.html"}],"law_id":65492,"edition_id":1,"section_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","history":"Code 1950, \u00a7 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223; 1987, c. 238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546; 2018, cc. 316, 671.","full_text":"A\n\nWhen an individual obligated to pay a fine, costs, forfeiture, or penalty defaults in the payment or any installment payment, the court upon the motion of the Commonwealth in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354 and the defendant failed to appear.B\n\nFollowing the order to show cause or following a capias issued for a defendant’s failure to comply with a court order to appear issued pursuant to subsection A of § 19.2-354, unless the defendant shows that his default for the payment of fines, costs, forfeitures, or penalties was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default for the payment of fines, costs, forfeitures, or penalties at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.C\n\nIf it appears that the default for the payment of fines, costs, forfeitures, or penalties is excusable under the standards set forth in subsection B, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.D\n\nWhen an individual obligated to pay restitution defaults in the payment or any installment payment, the court upon the motion of the Commonwealth in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may proceed in accordance with the procedures set forth in subsection E.E\n\nIf, pursuant to subsection D or at a hearing conducted pursuant to subsection F of § 19.2-305.1, the court finds that a defendant is not in compliance with a restitution order, the court may order the defendant confined as for a contempt for a term not to exceed 60 days unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. If it appears that the defendant’s default for the payment of restitution is excusable under the standards set forth in this subsection, the court may modify the terms for payment of restitution, except that the court may not modify the amount of restitution owed by the defendant.F\n\nNothing in this section shall be deemed to alter or interfere with the collection of fines by any means authorized for the enforcement of money judgments rendered in favor of the Commonwealth or any locality within the Commonwealth.","order_by":null,"text":{"0":{"id":238092,"text":"When an individual obligated to pay a fine, costs, forfeiture, or penalty defaults in the payment or any installment payment, the court upon the motion of the Commonwealth in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias if an order to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354 and the defendant failed to appear.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238093,"text":"Following the order to show cause or following a capias issued for a defendant’s failure to comply with a court order to appear issued pursuant to subsection A of § 19.2-354, unless the defendant shows that his default for the payment of fines, costs, forfeitures, or penalties was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default for the payment of fines, costs, forfeitures, or penalties at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238094,"text":"If it appears that the default for the payment of fines, costs, forfeitures, or penalties is excusable under the standards set forth in subsection B, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238095,"text":"When an individual obligated to pay restitution defaults in the payment or any installment payment, the court upon the motion of the Commonwealth in the case of a conviction of a violation of a state law, or attorney for a locality or for the Commonwealth in the event of a conviction of a violation of a local law or ordinance, or upon its own motion, may proceed in accordance with the procedures set forth in subsection E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238096,"text":"If, pursuant to subsection D or at a hearing conducted pursuant to subsection F of § 19.2-305.1, the court finds that a defendant is not in compliance with a restitution order, the court may order the defendant confined as for a contempt for a term not to exceed 60 days unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. If it appears that the defendant’s default for the payment of restitution is excusable under the standards set forth in this subsection, the court may modify the terms for payment of restitution, except that the court may not modify the amount of restitution owed by the defendant.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238097,"text":"Nothing in this section shall be deemed to alter or interfere with the collection of fines by any means authorized for the enforcement of money judgments rendered in favor of the Commonwealth or any locality within the Commonwealth.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-358\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1973, chapter 342; in 1975, chapter 495; in 1977, chapter 223; in 1987, chapter 238; in 1988, chapters 770 and 852; in 1992, chapter 485; in 1994, chapter 546<\/a>; in 2018, chapters 316<\/a> and 671<\/a>.<\/p>","references":[{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":67225,"section_number":"19.2-362","catch_line":"Court not to remit fine or penalty, other than fine for contempt, except as provided in \u00a7 19.2-358","order_by":null,"url":"\/19.2-362\/"}],"refers_to":[{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"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\/"}],"permalink":{"id":170087,"object_type":"law","relational_id":65492,"identifier":"19.2-358","token":"19.2\/21\/4\/19.2-358","url":"\/19.2-358\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-358\/","token":"19.2\/21\/4\/19.2-358","dublin_core":{"Title":"Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-358","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When an individual obligated to pay a fine, costs, forfeiture, or penalty<\/span> defaults<\/span> in the payment or any installment payment, the court<\/span> upon the motion<\/span> of the Commonwealth in the case of a conviction<\/span> of a violation of a state law<\/span>, or attorney for a locality or for the Commonwealth in the event of a conviction<\/span> of a violation of a local law<\/span> or ordinance<\/span>, or upon its own motion<\/span>, may require him to show cause why he should not be confined in jail or fined for nonpayment. A show cause proceeding shall not be required prior to issuance of a capias<\/span> if an order<\/span> to appear on a date certain in the event of nonpayment was issued pursuant to subsection A of § 19.2-354<\/a> and the defendant<\/span> failed to appear. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Following the order to show cause or following a capias<\/span> issued for a defendant<\/span>’s failure to comply with a court order<\/span> to appear issued pursuant to subsection A of § 19.2-354<\/a>, unless the defendant<\/span> shows that his default<\/span> for the payment of fines, costs, forfeitures, or penalties was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant<\/span> shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant<\/span> confined as for a contempt<\/span> for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default<\/span> for the payment of fines, costs, forfeitures, or penalties at any time will entitle the defendant<\/span> to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If it appears that the default<\/span> for the payment of fines, costs, forfeitures, or penalties is excusable under the standards set forth in subsection B, the court may enter an order allowing the defendant<\/span> additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> When an individual obligated to pay restitution<\/span> defaults<\/span> in the payment or any installment payment, the court upon the motion<\/span> of the Commonwealth in the case of a conviction<\/span> of a violation of a state law<\/span>, or attorney for a locality or for the Commonwealth in the event of a conviction<\/span> of a violation of a local law<\/span> or ordinance<\/span>, or upon its own motion<\/span>, may proceed in accordance with the procedures set forth in subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If, pursuant to subsection D or at a hearing<\/span> conducted pursuant to subsection F of § 19.2-305.1<\/a>, the court finds that a defendant<\/span> is not in compliance with a restitution<\/span> order, the court may order the defendant<\/span> confined as for a contempt<\/span> for a term not to exceed 60 days unless the defendant<\/span> shows that his default<\/span> was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant<\/span> shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court. The court may provide in its order that payment or satisfaction of the amounts in default<\/span> at any time will entitle the defendant<\/span> to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts. If it appears that the defendant<\/span>’s default<\/span> for the payment of restitution<\/span> is excusable under the standards set forth in this subsection, the court may modify the terms for payment of restitution<\/span>, except that the court may not modify the amount of restitution<\/span> owed by the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall be deemed to alter or interfere with the collection of fines by any means authorized for the enforcement of money judgments<\/span> rendered in favor of the Commonwealth or any locality within the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE ON DEFAULT IN DEFERRED PAYMENT OR INSTALLMENT PAYMENT OF FINE, COSTS,\nFORFEITURE, RESTITUTION OR PENALTY (\u00a7 19.2-358)\n\nA. When an individual obligated to pay a fine, costs, forfeiture, or penalty\ndefaults in the payment or any installment payment, the court upon the motion of\nthe Commonwealth in the case of a conviction of a violation of a state law, or\nattorney for a locality or for the Commonwealth in the event of a conviction of\na violation of a local law or ordinance, or upon its own motion, may require him\nto show cause why he should not be confined in jail or fined for nonpayment. A\nshow cause proceeding shall not be required prior to issuance of a capias if an\norder to appear on a date certain in the event of nonpayment was issued pursuant\nto subsection A of § 19.2-354 and the defendant failed to appear.\n\nB. Following the order to show cause or following a capias issued for a\ndefendant’s failure to comply with a court order to appear issued pursuant\nto subsection A of § 19.2-354, unless the defendant shows that his default\nfor the payment of fines, costs, forfeitures, or penalties was not attributable\nto an intentional refusal to obey the sentence of the court, or not attributable\nto a failure on his part to make a good faith effort to obtain the necessary\nfunds for payment, or unless the defendant shows that any failure to appear was\nnot attributable to an intentional refusal to obey the order of the court, the\ncourt may order the defendant confined as for a contempt for a term not to\nexceed sixty days or impose a fine not to exceed $500. The court may provide in\nits order that payment or satisfaction of the amounts in default for the payment\nof fines, costs, forfeitures, or penalties at any time will entitle the\ndefendant to his release from such confinement or, after entering the order, may\nat any time reduce the sentence for good cause shown, including payment or\nsatisfaction of such amounts.\n\nC. If it appears that the default for the payment of fines, costs, forfeitures,\nor penalties is excusable under the standards set forth in subsection B, the\ncourt may enter an order allowing the defendant additional time for payment,\nreducing the amount due or of each installment, or remitting the unpaid portion\nin whole or in part.\n\nD. When an individual obligated to pay restitution defaults in the payment or\nany installment payment, the court upon the motion of the Commonwealth in the\ncase of a conviction of a violation of a state law, or attorney for a locality\nor for the Commonwealth in the event of a conviction of a violation of a local\nlaw or ordinance, or upon its own motion, may proceed in accordance with the\nprocedures set forth in subsection E.\n\nE. If, pursuant to subsection D or at a hearing conducted pursuant to subsection\nF of § 19.2-305.1, the court finds that a defendant is not in compliance\nwith a restitution order, the court may order the defendant confined as for a\ncontempt for a term not to exceed 60 days unless the defendant shows that his\ndefault was not attributable to an intentional refusal to obey the sentence of\nthe court, or not attributable to a failure on his part to make a good faith\neffort to obtain the necessary funds for payment, or unless the defendant shows\nthat any failure to appear was not attributable to an intentional refusal to\nobey the order of the court. The court may provide in its order that payment or\nsatisfaction of the amounts in default at any time will entitle the defendant to\nhis release from such confinement or, after entering the order, may at any time\nreduce the sentence for good cause shown, including payment or satisfaction of\nsuch amounts. If it appears that the defendant’s default for the payment\nof restitution is excusable under the standards set forth in this subsection,\nthe court may modify the terms for payment of restitution, except that the court\nmay not modify the amount of restitution owed by the defendant.\n\nF. Nothing in this section shall be deemed to alter or interfere with the\ncollection of fines by any means authorized for the enforcement of money\njudgments rendered in favor of the Commonwealth or any locality within the\nCommonwealth.\n\nHISTORY: Code 1950, \u00a7 19.1-347.6; 1973, c. 342; 1975, c. 495; 1977, c. 223;\n1987, c. 238; 1988, cc. 770, 852; 1992, c. 485; 1994, c. 546; 2018, cc. 316,\n671.","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}}