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Options for dealing with fines
The flowchart below shows your options for dealing with fines.
You can pay the fine in full by following the instructions on the infringement notice.
If you are fined for a driving offence, and you were not the driver, you can get the fine transferred to the person who was driving. Do this quickly to avoid extra costs.
You can also:
- ask the agency for a payment plan if you need more time to pay
- ask the agency to review your fine if you do not agree with their decision
- choose to go to the Magistrates’ Court to challenge the fine.
What happens if I don’t pay the fine?
If you do nothing, you will get a penalty reminder notice. This gives you more time to choose an option, but more costs are added to the original fine. See 'Pentalty reminder notices' (link beow).
If you still do nothing, your fine will be sent to the Infringements Court. An enforcement order will be made against you. The court charges you extra costs. You have 28 days to pay. See 'Enforcement orders' (link below).
If you do not pay the enforcement order on time, the infringements registrar issues an infringement warrant so the sheriff can get money from you. The sheriff comes to your home to get the money or property. The court charges you extra costs again.
If you cannot pay, the sheriff gives you a written seven-day notice. You have seven days to pay or apply to the court to have the enforcement order cancelled. See 'Infringement warrants & seven-day notices' (link below).
If you do not pay the infringement warrant on time, the sheriff can apply a range of sanctions (penalties), including selling your things to cover the cost of the fine, putting a wheel-clamp on your car or motorbike until you pay the fine or taking money from your wages, called an attachment of earnings order.
If you do not have enough property to cover what you owe, the sheriff can arrest you. You may be released on a community work permit or you may be bailed to appear in the Magistrates’ Court.
If you have to go to the Magistrates’ Court, the magistrate can send you to jail.
Fines flowchart
This flowchart describes the stages and outcomes of your options if you get a fine. Select a stage to read more information about it, or select from the links under 'More information', below.
More information
Challenging a fine in the Magistrates’ Court
Unpaid fines and the Infringements Court
Infringement warrants and seven-day notices
Related publications
Fines: your options for dealing with fines
Related websites
How we can help
Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.
VLA’s other free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals.
For some matters, where you have ‘special circumstances’ (such as a mental illness, a disability, a drug addiction or you are homeless), or where your situation is very serious (for example, there is a chance that you will go to jail), we can provide you with a lawyer to help you run your case.
To find out more about any of our legal services see What we do.