The Municipal Court Judge shall have power to require immediate payment or issue executions for all fines, penalties, and costs imposed. Upon request and subject to the following requirements, the court clerk shall establish a payment plan for a person owing costs, fines, forfeitures, restitution, or penalties imposed by the court, so long as the person signs and files with the clerk an affidavit stating that he or she is financially unable to pay the amount owed.
(a) A twenty-five dollar ($25.00) administrative processing fee shall be paid at the time the payment form is filed or, in the alternative, the fee may be paid in no more than five equal monthly payments.
(b) The payment plan shall specify:
(1) The number of payments to be made;
(2) The dates on which such payments are due;
(3) The amount due for each payment;
(4) All acceptable payment methods; and
(5) The circumstances under which the person may receive a late fee, have a judgment lien recorded against them, or have the debt sent to collections for nonpayment.
(c) The monthly payment under the payment plan shall be calculated based upon all costs, fines, forfeitures, restitution, or penalties owed within the court, and shall be two percent of the person's annual income divided by 12, or ten dollars ($10.00), whichever is greater: Provided, That if this calculation results in a payment plan lasting more than three years, the monthly payments shall be set by dividing the total amount owed by thirty-six (36).
(d) The clerk may assess a ten dollar ($10.00) late fee each month if a person fails to comply with the terms of a payment plan, and if any payment due is not received within thirty (30) days after the due date, and the person:
(1) Is not incarcerated;
(2) Has not brought the account current;
(3) Has not made alternative payment arrangements with the court; or
(4) Has not entered into a revised payment plan with the clerk before the due date.
(e) If, after ninety (90) days, a payment has not been received, the clerk may consign the delinquent costs, fines, forfeitures, restitution, or penalties to a debt collection agency contained on the Tax Commissioner's list of eligible debt collection agencies established and maintained pursuant to§ 14-1-18c of W. Va State code. The clerk may send notices, electronically or by U.S. mail, to remind the person of an upcoming or missed payment.
(f) If after 180 days of a judgment a person fails to enroll in a payment plan and fails to pay his or her costs, fines, forfeitures, restitution, or penalties, the clerk may assess a ten dollar ($10.00) late fee and shall notify the person of the following:
(1) That he or she is 180 days past due in the payment of costs, fines, forfeitures, restitution, or penalties imposed pursuant to a judgment of the court;
(2) That he or she has failed to enroll in a payment plan;
(3) Whether a ten dollar ($10.00) late fee has been assessed; and
(4) That he or she may have his or her debt sent to a collection agency if the overdue payment of costs, fines, forfeitures, restitution, or penalties is not resolved within thirty (30) days of the date of the notice issued pursuant to this subsection.
(g) If after thirty (30) days from the issuance of a notice pursuant to subdivision (f) of this subsection, a payment has not been received, the clerk may consign the delinquent costs, fines, forfeitures, restitution, or penalties to a debt collection agency contained on the Tax Commissioner's list of eligible debt collection agencies established and maintained pursuant to§ 14-1-18c of W. Va. State code.
(h) If a person charged with a criminal offense fails to appear or otherwise respond in court after having received notice to do so, the court shall notify the Division of Motor Vehicles thereof within fifteen (15) days of the scheduled date to appear unless such person sooner appears or otherwise responds in court to the satisfaction of the court. Upon such notice, the Division of Motor Vehicles shall suspend the person's driver's license or privilege to operate a motor vehicle in this state until such time that the person appears as required.
(Ord. 2023-002. Passed 11-6-23.)