Notwithstanding the provisions of § 19.2-353, personal checks and credit or debit cards shall be accepted in lieu of money to collect and secure all fees, fines, restitution, forfeiture, penalties and costs collected for offenses tried in a district court, including motor vehicle violations, committed against the Commonwealth or against any county, city or town. Notwithstanding the provisions of § 19.2-353, personal checks shall be accepted in lieu of money to collect and secure all fees, fines, restitution, forfeiture, penalties and costs collected for offenses tried in a circuit court, including motor vehicle violations, committed against the Commonwealth or against any county, city or town. The clerk of any circuit court shall not be required to but may, in his discretion, accept credit or debit card payment in lieu of money to collect and secure all fees, including filing fees, fines, restitution, forfeitures, penalties, and costs collected. The Committee on District Courts shall devise a procedure for approving and accepting checks and credit or debit cards that shall be accepted by the district courts. Court personnel shall not be held to be guarantors of the payment made in such manner and shall not be personally liable for any sums uncollected. The clerk of the court, in addition to any fees, fines, restitution, forfeiture, penalties or costs, may add to such payment a sum not to exceed four percent of the amount paid for the transaction, or a flat fee not to exceed $2 per transaction, as a reasonable convenience fee for the acceptance of a credit or debit card.
If a check is returned unpaid by the financial institution on which it is drawn or notice is received from the credit or debit card issuer that payment will not be made, for any reason, the fees, fine, restitution, forfeiture, penalty or costs shall be treated as unpaid, and the court may pursue all available remedies to obtain payment. The clerk of the court to whom the dishonored check or credit or debit card was tendered may impose a fee of $50 or 10 percent of the value of the payment, whichever is greater, in addition to the fine and costs already imposed.
The clerk of court may refuse acceptance of checks or credit or debit cards of an individual if (i) he has been convicted of a violation of Chapter 6 (§ 18.2-168 et seq.) of Title 18.2 in which a check, credit or debit card, or credit or debit card information was used to commit the offense, (ii) he has previously tendered to the court a check which was not ultimately honored or a credit or debit card or credit or debit card information which did not ultimately result in payment by the credit or debit card issuer, (iii) authorization of payment is not given by the bank or credit or debit card issuer, (iv) the validity of the check or credit or debit card cannot be verified, or (v) the payee of the check is other than the court.
1979, c. 525; 1988, cc. 770, 852; 1990, c. 899; 1994, cc. 432, 841, 945; 1997, c. 819; 1998, cc. 720, 731; 2001, cc. 481, 501; 2009, c. 594; 2012, cc. 420, 714.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 21 - Recovery of Fines and Penalties
§ 19.2-339. Word "fine" construed
§ 19.2-340. Fines; how recovered; in what name
§ 19.2-340.1. Disposition of fines in criminal cases
§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions
§ 19.2-342. Where and in what court proceeding to be
§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc.
§ 19.2-350. When sheriff not to receive fines
§ 19.2-351. How fines disposed of; informer
§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc.
§ 19.2-353. Certain fines paid into Literary Fund
§ 19.2-353.1. Fieri facias and proceedings thereon
§ 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee
§ 19.2-353.5. Interest on fines and costs
§ 19.2-354.1. Deferred or installment payment agreements
§ 19.2-355. Petition of defendant
§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence
§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid
§ 19.2-359. Official receipts to be given for fines
§ 19.2-360. Forms of receipts; distribution; record of disposition
§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement
§ 19.2-363. Authority of Governor to grant relief from fines and penalties
§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth
§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition
§ 19.2-366. Duty of court in which petition filed; certificate and opinion
§ 19.2-367. Proceedings to be according to common law
§ 19.2-368. Course of proceeding when relief asked of the Governor