§ 1109. Remedies for failure to pay; contempt
(a) Definitions. As used in this section:
(1) “Amount due” means all financial assessments contained in a Judicial Bureau judgment,
including penalties, fines, surcharges, court costs, and any other assessment authorized
by law.
(2) “Designated collection agency” means a collection agency designated by the Court Administrator.
(3) [Repealed.]
(b) Late fees; payment plans.
(1) A Judicial Bureau judgment shall provide notice that a $30.00 fee shall be assessed
for failure to pay within 30 days. If the defendant fails to pay the amount due within
30 days, the fee shall be added to the judgment amount and deposited in the Court
Technology Special Fund established pursuant to section 27 of this title.
(2) At minimum, the Judicial Bureau shall offer a payment plan option that allows an individual
to pay not more than $30.00 per traffic violation judgment per month and not to exceed
$100.00 per month if the individual has four or more outstanding judgments.
(c) Civil contempt proceedings.
(1) Commencement. If an amount due remains unpaid for 75 days after the Judicial Bureau provides the
defendant with a notice of judgment and the defendant is not currently complying with
a payment plan, the Judicial Bureau may initiate civil contempt proceedings pursuant
to this subsection.
(2) Notice of hearing. The Judicial Bureau shall provide notice by first-class mail sent to the defendant’s
last known address that a contempt hearing will be held pursuant to this subsection
and that failure to appear at the contempt hearing may result in the sanctions listed
in subdivision (3) of this subsection.
(3) Failure to appear. If the defendant fails to appear at the contempt hearing, the hearing officer may
direct the clerk of the Judicial Bureau to do one or more of the following:
(A) cause the matter to be reported to one or more designated collection agencies; or
(B) refer the matter to the Criminal Division of the Superior Court for contempt proceedings.
(C) [Repealed.]
(4) Hearing.
(A) Procedure. The hearing shall be conducted in a summary manner. The hearing officer shall examine
the defendant and any other witnesses and may require the defendant to produce documents
relevant to the defendant’s ability to pay the amount due. The State or municipality
shall not be a party except with the permission of the hearing officer. The defendant
may be represented by counsel at the defendant’s own expense.
(B) Traffic violations; reduction of amount due. When the judgment is based upon a traffic violation, the hearing officer may waive
the reinstatement fee required pursuant to 23 V.S.A. § 675(a) or reduce the amount due on the basis of the defendant’s driving history, ability
to pay, or service to the community; the collateral consequences of the violation;
or the interests of justice. The hearing officer’s decision to reduce the amount due
shall not be subject to review or appeal except in the case of a violation of rights
guaranteed under the Vermont or U.S. Constitution.
(5) Contempt.
(A) The hearing officer may conclude that the defendant is in contempt if the hearing
officer states in written findings a factual basis for concluding that:
(i) the defendant knew or reasonably should have known that the defendant owed an amount
due on a Judicial Bureau judgment;
(ii) the defendant had the ability to pay all or any portion of the amount due; and
(iii) the defendant failed to pay all or any portion of the amount due.
(B) In the contempt order, the hearing officer may do one or more of the following:
(i) Set a date by which the defendant shall pay the amount due.
(ii) Assess an additional penalty not to exceed 10 percent of the amount due.
(iii) [Repealed.]
(iv) Recommend that the Criminal Division of the Superior Court incarcerate the defendant
until the amount due is paid. If incarceration is recommended pursuant to this subdivision
(c)(5), the Judicial Bureau shall notify the Criminal Division of the Superior Court
that contempt proceedings should be commenced against the defendant. The Criminal
Division of the Superior Court proceedings shall be de novo. If the defendant cannot
afford counsel for the contempt proceedings in the Criminal Division of the Superior
Court, the Defender General shall assign counsel at the Defender General’s expense.
(d) Collections.
(1) If an amount due remains unpaid after the issuance of a notice of judgment, the Court
Administrator may authorize the clerk of the Judicial Bureau to refer the matter to
a designated collection agency.
(2) The Court Administrator or the Court Administrator’s designee is authorized to contract
with one or more collection agencies for the purpose of collecting unpaid Judicial
Bureau judgments pursuant to 13 V.S.A. § 7171.
(e) Venue. For purposes of civil contempt proceedings, venue shall be statewide. No entry or
motion fee shall be charged to a defendant who applies for a reduced judgment under
subdivision (c)(4)(B) of this section.
(f) Collections. Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect
fines, penalties, and fees by credit card, debit card, charge card, prepaid card,
stored value card, and direct bank account withdrawals or transfers, as authorized
by 32 V.S.A. § 583, and to add on and collect, or charge against collections, a processing charge in
an amount approved by the Court Administrator. (Added 2007, No. 51, § 2; amended 2007, No. 153 (Adj. Sess.), § 18; 2009, No. 154, § 238; 2013, No. 128 (Adj. Sess.), § 1; 2015, No. 147 (Adj. Sess.), § 5, eff. May 31, 2016; 2019, No. 149 (Adj. Sess.), § 10; 2023, No. 6, § 12, eff. July 1, 2023; 2023, No. 19, § 1, eff. June 24, 2023.)