For what it’s worth-Reexamining Negotiation
It seems simple enough. I owe I pay. If I am ordered to pay because my debt is a court fine, it seems like that should be an added incentive. But what if I can’t pay? Maybe there is a way to get all this done over time. Installment plans are common for just about everything, houses, cars, computers, furniture. If I agree to make a down payment, I can take the merchandise if I make regular monthly payments.
It works that way for court fines too. Payment plans are the installment agreements used to repay court ordered obligations. Negotiating begins from the opening discussion about repayment of debt. How long will it take to pay the balance? What are the monthly payments? Even though all of this comes together in the initial agreement, it is a negotiation.
As payment plans progress several negotiations continue. Here a few examples.
Time, - I just can’t pay all of this now- maybe there is room for an extension?
Terms- My payment is late, the collection fees will hurt me, can you waive them?
Amount- This amount is just too high but it was ordered by the Judge. Can I really alter it?
The answer for all parts of compliance time, terms, and amount is yes they can be negotiated. According to Florida Statute 938.30 (9), Clerks are authorized to compromise, settle, subordinate, and release debts. Clerks sought a legal opinion in May of 2012 on the terms in this statute and gained confirmation that negotiations were allowable for court debt for repayment on court fines. As stated in the legal opinion, “ If it was not the intent of the Legislature to allow the Clerk to negotiate the release of the debt or lien for any reason other than full payment the language would have been restricted to requiring the Clerk to satisfy the judgment lien upon full payment.”
What’s the holdup?
Nearly all criminal and civil traffic cases involve fines. The goal has always been to collect what is owed. There is more to the message though. Finishing payment plans is important. Keeping customers actively involved is also important. This keeps them driving. Negotiating can contribute to a resolution that provides relief to both the customer trying to pay and the compliance office trying to collect. It’s time to consider options for negotiating payment plans.
Both parties involved in payment plans have a stake in closing the obligation. Working with customers and negotiating balances keeps the matter open. This negotiation leads to continued contributions rather than stopping opportunities for court fine compliance. It also prevents enforcement actions for past due payments including driver’s license suspensions and collection agency referrals.
In the private sector financial balances are often renegotiated through time extensions, lowered interest, and even lowered payments. In the court system, jail time is reduced for good behavior, probation is terminated early due to active contributions and good behavior. Fines are part of sentences that can and should be negotiated.