2005 Vermont Code - § 2307. — Remedies for failure to pay

§ 2307. Remedies for failure to pay

(a) 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) "Designated credit bureau" means a credit bureau designated by the court administrator or the court administrator's designee.

(b) Notice of risk of suspension. A judgment for a traffic violation shall contain a notice that failure to pay or otherwise satisfy the amount due within 20 days of the notice will result in suspension of the person's operator's license or privilege to operate until the amount due is paid or otherwise satisfied. If the defendant fails to pay the amount due within 20 days of the notice, the judicial bureau shall provide electronic notice thereof to the commissioner of motor vehicles who, after 20 days from the date of receiving the electronic notice, shall suspend the person's operator's license or privilege to operate until the amount due is paid or otherwise satisfied.

(c) Civil contempt proceedings. If an amount due remains unpaid for 45 days after the judicial bureau provides the defendant with a notice of risk of suspension pursuant to subsection (b) of this section, the judicial bureau may initiate civil contempt proceedings pursuant to this subsection.

(1) 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 (c)(2) of this section and subject to procedures for tax setoffs under 32 V.S.A. § 5941.

(2) 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:

(A) cause the matter to be reported to one or more designated credit bureaus; or

(B) refer the matter to district court for contempt proceedings.

(3) Hearing. 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.

(4) Mitigation remedies.

(A) The hearing officer may waive the reinstatement fee required by section 675 of this title or reduce the amount due on the basis of:

(i) the defendant's driving history, ability to pay, or service to the community;

(ii) the collateral consequences of the violation; or

(iii) the interests of justice.

(B) The hearing officer may specify a date by which the defendant shall pay the amount due and may notify the commissioner of motor vehicles to reinstate the defendant's operator's license or privilege subject to payment of the amount due by the specified date. If the defendant fails to pay the amount due by the specified date, the judicial bureau may notify the commissioner to suspend the defendant's operator's license or privilege. A license may be reinstated under this subdivision only if the defendant's license is suspended solely for failure to pay a judicial bureau judgment.

(C) The judicial officer shall have sole discretion to determine mitigation remedies pursuant to this subdivision, and the judicial officer's determination shall not be subject to review or appeal in any court, tribunal, or administrative office.

(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 he or she 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) The hearing officer may in the contempt order 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 ten percent of the amount due;

(iii) Direct the clerk of the judicial bureau to cause the matter to be reported to one or more designated credit bureaus. The court administrator or the court administrator's designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid judicial bureau judgments; and

(iv) Recommend that the district court incarcerate the defendant until the amount due is paid. If incarceration is recommended pursuant to this subdivision, the judicial bureau shall notify the district court that contempt proceedings should be commenced against the defendant. If the defendant cannot afford counsel for the contempt proceedings in district court, the defender general shall assign counsel at the defender general's expense.

(d) Collections.

(1) If an amount due remains unpaid for one year after the issuance of a notice of risk of suspension pursuant to subsection (b) of this section and the defendant has failed to appear at a judicial bureau contempt hearing, the court administrator may authorize the clerk of the judicial bureau to refer the matter to a designated collection agency.

(2)(A) 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.

(B) The court administrator may authorize a collection agency to settle a judicial bureau judgment for less than the amount due and to retain a portion of the amount collected for its services. The judgment amount shall be reduced in the judicial bureau records to reflect the settlement amount and the fee retained by the collection agency.

(e) For purposes of civil contempt proceedings, venue shall be statewide.

(f) 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 a processing charge in an amount approved by the court administrator. (Added 1989, No. 109, § 2, eff. July 1, 1990; amended 1997, No. 121 (Adj. Sess.), § 13; 2005, No. 167 (Adj. Sess.), § 3, eff. Sept. 1, 2006.)