When summoned to court for failure to pay a fine
They are summoned to court when the driver ignored notifications from the traffic police and bailiffs. Here's how it works:
- violated. For example, a driver drives behind a stop line at a traffic light;
- received a fine. The violation is noticed by the camera - the photo is sent to the traffic police. The inspector checks the data of the car and the driver, checks to see if the camera made a mistake, and issues a fine. Information about the fine goes into the traffic police database, and the decision is sent to the offender by mail;
- didn't pay on time. The driver ignores the letter. After 70 days they will try to collect the fine. To do this, the traffic police sends a copy of the resolution to the bailiffs within 10 days;
- received a request from the bailiffs. The bailiff formalizes enforcement proceedings and informs the driver about this in a new letter or via SMS;
- didn't pay the bailiffs. From receipt of the letter, the driver has 5 days to pay the traffic fine. If you miss this deadline, the bailiff will add an enforcement fee to the collection - 7% or at least 1000 rubles. There will be another 70 days to pay the debt;
- received a subpoena. If you miss the new 70 days, the bailiff will transfer the case to the state court authorities. The summons will be sent by mail.
It does not matter to the bailiffs whether the debtor received the letter. It is considered delivered even if the defaulter refused the letter or was not at home. Bailiffs also have the right to send notifications through State Services - if the debtor has entered the portal, he is considered notified.
How long does it take to pay off the fine?
According to the law, it does not matter for what reasons the motorist did not pay the fine - in any case, he will be held accountable.
The traffic police inspector is not obliged to find out why the driver did not pay the fine - the latter’s guilt is automatically assumed and his actions are considered evasion of punishment.
Many people do not know in what period the payment must be made, mistakenly believing that this period is limited to 1 month. According to the Code of Administrative Offenses of the Russian Federation, the traffic police has 60 days to pay the fine. These time frames begin to apply from the expiration of 10 days after the traffic police inspector fined the driver. This period is given to a person to appeal the actions of an official in case of disagreement with his decision. Thus, a driver who has received a fine has 70 days to pay it.
What to do if you are summoned to court for failure to pay a traffic fine
If fines have been paid, collect proof of payment. It happens that the data on the repayment of the fine was not included in the traffic police database or the bailiff did not check it and sent the case to court.
Alexander Torvard, auto lawyer If the driver has paid off all debts, but still receives a summons to court, it is necessary to collect all receipts for payment of fines and present them to the judge. The judge will take them into account and issue an order to dismiss the case.
If there was no payment, pay and keep the receipts. It happens that for some reason the driver does not check his mailbox and email for a long time. In this case, he may miss the letter from the traffic police, and then from the FSSP. In such a situation, bailiffs will send documents to the court. If the debtor nevertheless checked the mail and found a summons there, he urgently needs to pay off all debts. If the bailiffs have already issued a fine, you do not need to pay the amount ordered by the traffic police.
You can go to court with payment receipts. Most likely, liability will be nullified and the judge will dismiss the case. If you miss the subpoena, everything will be decided without the debtor.
What happens if you don’t pay fines?/Summoned to court due to an unpaid fine?
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An administrative fine does not seem like a serious punishment to everyone. Some either refuse to pay it, or forget about it, or delay the hour of reckoning, but as a result they only create new problems for themselves, because the fines accumulate.
“The fine must be paid within the first 60 days after the decision to impose a penalty comes into force or after the end of the installment plan or deferred payment,” explains the leading lawyer of the RPO Legal Petersburg. – If the decision is not appealed within 10 days after its issuance, it comes into force 10 days after it is delivered to the violator.
What happens if you don’t pay an administrative fine? According to the Code of Administrative Offenses of the Russian Federation, if an administrative fine imposed through a court has not been paid, the violator will face:
- the new fine is twice as large as the unpaid one, but not less than 1 thousand rubles;
- adm. arrest up to 15 days;
- compulsory work up to 50 hours;
- deprivation of driver's license;
- payment of an enforcement fee (7% of the fine, but not less than 500 rubles);
- bailiffs can seize the debtor's accounts and put his property up for sale;
- A traffic police officer can detain a violator to take him to court for fines.
Important!
Unpaid fines may also be a reason for refusal to travel abroad. A citizen can be stopped right at the airport.
It's not all that scary. A specialist - a debt collection lawyer - will help to obtain a deferment of the execution of the decision if the violator has a difficult financial situation.
Judges verify payment of fines using the State Information System. If it is clear that the fine has not been paid, he sends information about this to the bailiffs within 10 days to execute the decision, then a protocol on a new administrative offense is drawn up.
If you know that the period for paying the fine has not expired, and you are brought to justice again, you need to protect your interests. You can do this on your own, but arguing with the court alone, without knowing the laws, means jeopardizing the success of your case. The most reliable way is to contact a specialist in legal support in court.
Submit your application
If the fine is not paid on time, and you know this for sure, before appearing in court again for failure to pay the fine, you should pay off the debt and come to the meeting with supporting documents.
Before imposing a new administrative penalty on the violator, the citizen will be summoned to court for an unpaid fine. The main topic of the meeting will not be the old offense, but the failure to pay the fine.
This applies to almost all types of fines. For example, if a citizen did not pay a tax fine or decided not to pay a fine for lack of registration.
Car enthusiasts have their own nuances. They often ask what will happen if “I don’t pay the traffic police fine?” But the Code of Administrative Offenses gives the right to pay half of the fine in the first 20 days after the decision is made. Even though you have to pay, this is a more pleasant prospect than going to court again for traffic fines.
True, this right does not apply to those to whom the court has granted an installment plan or deferment of the execution of the decision, as well as motorists who have committed certain offenses. For example, driving a car that has not been properly registered. An auto lawyer will advise the vehicle owner on the full range of exceptions.
Do you still think that you can avoid paying the fine? They will tell you how to solve the problem at a free legal consultation!
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What are the consequences of failure to pay a traffic fine?
Most often, bailiffs write off money from a bank account - they are obliged to do this first. If there is not enough money in the account, the bailiffs will order the bank to transfer the money to the specified account. As soon as the money appears in the account, the bank will immediately transfer it to the bailiffs.
Revocation of driver's license. The judge has the right to suspend the license. If the driver violates this decision, he will be punished - 50 hours of work or deprivation of his license for up to a year.
Double increase in fines. The judge has the right to issue such a punishment.
Restrictions on traveling abroad. If the amount of debt is 30,000 rubles or higher, the debtor will be limited in the rights to travel outside of Russia.
Seizure of personal property. The bailiffs will resort to this measure if the debtor does not have the required amount in his account to repay the debt. A citizen has the right to indicate what property bailiffs can seize. This is stated in paragraph 5 of Art. 69 of the law on enforcement proceedings.
Arrest or work. The court may order administrative detention for 15 days or correctional labor. For evading work, a fine of up to 300,000 rubles or arrest for 15 days is imposed.
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Lawyer's answer to the question: The traffic police fine is overdue. They cannot put you in jail for 15 days. But within 3 months of non-payment, a protocol may be drawn up against you under Article 20.25 of the Code of Administrative Offenses and your fine will double. If this was not done, then within 2 years the bailiffs can collect the main debt from you. After this period, the fine expires. ———— ———————————————————
1. Failure to pay an administrative fine within the period provided for by the Administrative Code of the Russian Federation shall entail the imposition of an administrative fine in the amount of twice the amount of the unpaid administrative fine, but not less than one thousand rubles, or administrative arrest for a period of up to fifteen days.
We suggest you familiarize yourself with: The penalty for crossing a double solid line is a fine
Where to check for unpaid fines
Service "Traffic Police Fines". Two documents are enough - a vehicle registration certificate (CTC) and a driver's license. Enter their numbers in the appropriate fields of the form, also indicate the car number and email address.
Enter the email address that you check regularly so as not to miss letters from the traffic police and the FSSP. This will save you from getting a subpoena
Traffic police website. To check, you will need car registration plates and STS number.
Government services. You can check fines on this portal, but to do this you will have to register and go to the nearest MFC. After this, you will need to enter the car data in your personal account and start checking.
Remember
- The deadline for paying traffic fines is 70 days. If you miss this deadline, the case will be transferred to the bailiffs, who will issue a new fine. The deadline for paying the second fine is also 70 days.
- The traffic police may be called to court for non-payment of a fine if the driver missed payment notices from the traffic police and bailiffs. FSSP employees take the case to court.
- If you were summoned to court, check whether the fine was paid. If there was, collect the receipts and present them to the court. If you haven’t paid yet, do it urgently and go to court with the receipts.
- If you do not pay the fine and do not appear in court, the decision will be made without the debtor. The judge has the right to issue a ruling with one of the penalties: write off money from the account, suspend rights, restrict travel around the world, double the fine or seize property.
- You can check traffic police and FSSP fines on the “State Traffic Police Fines” website.
All articles by the author: Evgeniy Lesnov
He didn't pay the fine and was summoned to court. Tell
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He didn't pay the fine and was summoned to court. Tell
Tell me, it means I haven’t paid the 100 ruble transit fine. summoned to court on May 21 at 10-00. I wanted to pay today, but before the Sberbank closed, I can’t do it through the multi-cash office because I lost the protocol. Tell me what will happen at the trial and is it necessary to pay the fine in advance?!
Bring a toothbrush, toothpaste, toilet soap, and cigarettes to court. Even if you don’t smoke yourself, you can exchange it for chenit later.
Did you register specifically to make a joke? =)))
Every joke has a grain of joke and truth)) And how does it feel to pay the fine in advance? ) Need it on time! At the trial - a kind aunt or uncle, they will be very glad to see you, they will kindly ask you the reason for missing the payment of the fine, they will impose an increased fine on you, etc. at best everything, and at worst. take the items indicated by Nikolai Vladimirovich
nothing bad will happen in court. They will probably issue an order to the bailiffs to collect the debt. It’s better to come to court with a receipt for payment of the fine, in case they forgive you
No one will issue any orders to anyone, especially not the court. What kind of document is this - an order?
Art. 20.25 Code of Administrative Offenses Failure to pay an administrative fine.
Sanction - a fine in double the amount of the unpaid amount, or administrative arrest for up to 15 days. So, in theory, everything that Nikolai Vladimirovich wrote about could be useful to the author.
