Unpaid Court Fines Arrest Warrant – What You Can Expect

If you’re worried about an unpaid court fine and a bailiff coming to your door, we are here to help. This article will guide you through what to expect and how to manage it.

You’re not alone in this situation – in fact, over 170,000 people visit this site each month for advice on similar issues.

Let’s go through:

• What a court fine is and why you get one.
• How to pay a court fine.
• What happens if you don’t pay the court fine.
• The meaning of a financial arrest warrant.
• How court fines can be written off.

Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹. As a result, it’s understandable that many people are worried about debt and the impact it can have.

So, we understand your worries about your things being taken away or having to deal with bailiffs. We’re here to help you learn how to handle the situation.

Why do you get one?

You get a court fine when you’re convicted of an offence in the Magistrates Court (Sherrif Court in Scotland). There are many different types of offences that can result in a court fine², but some of the most common are:

• Traffic offences
• Antisocial behaviour
• Public order offences
• Unpaid TV licence

Does it mean a criminal record?

If you receive a court fine for an offence, it’s highly likely that the offence will result in a criminal record. 

How to pay a fine

You can pay your court fine in several ways, including online with a bank card3 or at some locations with cash. You can still pay court fines by sending a cheque in the post. 

Court fines are classified as a priority debt and the consequences of not paying court fines can be very serious. This is why you should prioritise paying your court fine before non-priority debts, including personal loans and credit card debts. 

The good news is that court fines usually consider your financial situation and are set so they’re reasonable to you. 

But if you find yourself unable to afford your court fine, you should contact the court as soon as possible. The court could offer a new payment plan or adjust your payment plan (if you already have one).

It’s important to contact the court with your financial situation to hand. So it’s best to work out your monthly budget and what you can reasonably afford before contacting the court. A debt charity can help you do this quickly. 

» TAKE ACTION NOW: Fill out the short debt form

What if I don’t pay it?

If you don’t pay your court fine by the deadline, the court can enforce payment in different ways. The court could:

1. Have the money taken from your employment or benefit income.

2. Employ bailiffs to come to your home and collect payment or seize goods. If this happens, you’ll also be subject to expensive bailiff fees. If this is likely, you need to know more about bailiffs and how to deal with them, which can do through my popular bailiff page. 

3. Register the fine to your credit report for five years, which will stop you from getting approved for credit during that time. 

If you can’t afford to pay for a court fine, seek legal advice immediately. There are several charities that offer free advice for debt-related issues. I have linked a few at the bottom of this page.

Typical Bailiff Fees and Charges

As mentioned above, if you don’t pay the court fine, bailiffs may visit your home and seize items considered ‘luxury.’ If this occurs, there are certain fees you need to consider.

Here’s a quick table explaining the typical bailiff fees and charges. For more information on how bailiffs operate, be sure to read our specialized guide.

It’s important to consider the associated costs of dealing with bailiffs.

You see, StepChange found that over half of their respondents say dealing with bailiffs made paying off their debt more difficult. Many say that they had to take out more credit to pay the bailiffs.⁴ To prevent this stressful situation, you can explore alternative debt management solutions.

Court summons

If you don’t pay a court fine, they could summon you to court. You must attend a court hearing if you’ve been summoned to court for the unpaid court fine. 

This can be an opportunity for you to explain your financial circumstances and why you didn’t pay, resulting in a more affordable agreement. Take a look at this example.

This forum user would benefit from speaking to a debt charity. The advisors will either be able to give some legal advice on how to request an amendment to the fine, or help them go through their finances to find a way to prioritise this fine over other non-priority debts or payments.

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Can you go to prison?

Yes, it’s possible to be sent to prison for not paying a court fine. But this is only a genuine possibility if it’s believed you have the means to pay the fine but are refusing to pay. 

You can be arrested and imprisoned if you have been summoned to court due to not paying the court fine but don’t attend the court hearing. The maximum prison term for this offence depends on the size of the fine that was given.

What is a HMCTS warrant?

A Her Majesty Courts and Tribunals Service (HMCTS) warrant is the name of the warrant used to order your arrest. 

Can it be written off?

No, court fines cannot be written off as part of debt solutions and they cannot become legally unenforceable as some other debts can using the statute-barred loophole. 

However, it is possible for the court to remit the fine depending on your circumstances.

» TAKE ACTION NOW: Fill out the short debt form

How long before the fines are written off?

There is no set timeframe wherein court fines are written off. Instead, the court can decide to remit a court fine by writing off all, or part, of the fine if your financial circumstances have worsened since the fine was issued.

It is also possible that the court remits a fine if the full details of your income, debts, and expenditures were not disclosed when the fine was issued. However, this is quite unlikely to happen.

As previously mentioned, court fines cannot be written off as statute-barred like other debts. The court also does not have the power to write off extra costs or compensation orders.

What Will Happen Next?

In summary, you should expect the court to take further action if you fail to pay your court fine. The most common action taken is to either recover the money owed from your employment income, from your state benefit payments or by using bailiffs. 

These methods are usually enough to recover the unpaid court fine, but if they’re not, you could be summoned to a court hearing and subsequently put in prison if the court believes you’re intentionally not paying – rather than you cannot afford to repay. 

A warrant for your arrest may be made if you don’t turn up to a court hearing you’ve been summoned to. All in all, it’s much better to communicate with the court if you’re having difficulty paying. There are ways to make the court fine more affordable.

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. MoneyHelper – Paying Court Fines
3. GOV.UK – Pay a Court Fine
4. StepChange – Creditor and Debt Collector Conduct