What might happen if I can’t pay my debt?

If you don’t keep up with your payments, your debt becomes delinquent (overdue). The agency in charge of collecting your debt will send a notice letter to your last known address explaining that your payment is overdue.[2290] After 10 days, the court or agency may order you to pay extra fees on top of what you already owe, or they may put a hold on your DMV record.[2291] The amount of late fees you may owe will depend on many factors, including what county your debt is in, what agency is in charge of collection, and the amount of debt you owe. (For more information on fair debt collection practices, see Appendix G , PG. 699.)

    If you are on parole, talk to your parole agent and explain that you are having a hard time making payments. He or she may be able to work with you to help you manage this debt.[2292]
    If you are on probation, talk to your probation officer and explain that you are having a hard time making payments. The probation department or the court may do a financial evaluation (meaning a consideration of your income, other debts, etc.), and will decide whether to reduce your payment amounts based on your inability to pay.[2293] You also have the right to ask to court to reduce some or all of your fines and fees.[2294] Keep in mind, however, that the judge can also order you to look for work as a condition of your probation, and may require you to bring in proof that you’re applying for jobs every week.[2295]

IN GENERAL, YOUR INABILITY TO PAY WILL NOT BE CONSIDERED A VIOLATION IF IT IS DUE TO CIRCUMSTANCES BEYOND YOUR CONTROL. However, in more serious cases, you could have your probation extended or even revoked if:

    you’re not paying debts that are a condition of your probation AND you are also violating other probation conditions (such as reporting requirements), OR
    the court thinks that you are willfully refusing to pay.

For this reason, it is very important that you speak with your probation officer and make it clear that you are not avoiding payments on purpose. If you are able to make even very small payments, this will help show the court and your probation officer that you are making an effort.

    If you are not on any form of supervision, contact the agency in charge of collecting your debt and ask to set a new payment plan. (See PG. 673 for information on how to find and contact the agency in charge of your debt to set up a payment plan.)
    If you are re-incarcerated, the debt associated with your prior conviction will not go away. You will still be responsible for paying it off. However, you should not face any extra fees or interest charges for failing to pay while you are inside.[2296] If for some reason you are charged a fee for missing a payment while incarcerated, you should contact the court or collection agency when you are released and provide them with proof that you were incarcerated during that time period to have the fee waived.[2297]
  1. 2290

    Cal. Veh. Code § 40509.5. ↑

  2. 2291

    Cal. Penal Code § 1214.1; Cal. Veh. Code § 40509.5. ↑

  3. 2292

    Cal. Dep’t of Corr. & Rehab., Parolee Information Handbook, http://www.cdcr.ca.gov/parole/_pdf/paroleehandbook.pdf. ↑

  4. 2293

    Cal. Penal Code § 1203(j); Cal. Gov’t Code § 27755. ↑

  5. 2294

    Cal. Gov’t Code § 27755(d). ↑

  6. 2295

    Cal. Penal Code § 1203.1(d). ↑

  7. 2296

    Not paying a fee or missing a payment because you were incarcerated and receiving a Failure to Appear citation as a result, is considered a “valid excuse” meaning you do not have to pay this fee. See Superior Court of Cal., Frequently Asked Questions, https://www.saccourt.ca.gov/traffic/faq.aspx. ↑

  8. 2297

    See Superior Court of Cal., Frequently Asked Questions, https://www.saccourt.ca.gov/traffic/faq.aspx. ↑