Ability to Pay Archives - Page 22 of 39 - Fines and Fees Justice Center

Mendoza v. Garrett

This case challenges the state of Oregon’s policy of suspending the driver’s licenses of people who cannot afford to pay fines and fees for traffic violations.

Personal Narrative: Taja

Taja was forced to sell blood plasma to pay diversion fees for a marijuana treatment program after being pulled over with a small amount of marijuana.

Personal Narrative: Tina Marie

Tina Marie was convicted of failure to pay nine times and sentenced to 30 days in jail seven times. She entered a treatment program in 2017 and is now drug-free. In 2018, Tina Marie completed three months of temporary work, bringing home her first paycheck since her son died. She still owes $15000 in court debt. No inquiry was ever made as to her ability to pay.

Personal Narrative: Nikita

Nikita was held for 42 days on a cash bail of $1315 because she was unable to pay a failure to appear charge. The charge was later dropped. However, to avoid imprisonment on a contempt charge, she pled guilty and this resulted in $20,000 additional debt.

Mahoney et al. v. Derrick

Arkansas secures payment of court debt through incarceration, driver’s license suspensions, and probation, for which an additional fee is charged.

Ten Guidelines on Court Fines and Fees

The American Bar Association developed ten guidelines to ensure that fines and fees do not punish people disproportionately for their poverty.

Texas Chapter 175 Collections Improvement Program (1 TAC §175)

Starting in 2018, Texas’ Office of Court Administration (OCA) made changes to the rule that requires Texas counties and cities with a population of 100,000 or more to implement a Collection Improvement Program (CIP). The CIP webpage also includes a variety of sample language for court and program staff to use, including “Sample Payment Plan Application” and “Sample First Written Notice.”

Ability to Pay