Convert Warrants to ???

Court proceedings and Legal Process
charjon
Posts: 9
Joined: Tue Sep 02, 2014 2:49 pm

Convert Warrants to ???

Postby charjon » Tue Sep 02, 2014 2:56 pm

Hi All,
Just wondering if anyone has an idea on the possibility of converting my Imprisonment Warrants to either Unpaid Community Work or a Payment Plan?

I went to court about 9 months ago and converted them to a payment plan that unfortunately I didn't stick to, so I can only assume they have reverted back to warrants.

If I apply to see a Magistrate in application to convert, are they likely to reject it and send me to prison on the spot, as I have already 'had a chance'

Thanks for any advice :)

Hardy
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Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Convert Warrants to ???

Postby Hardy » Tue Sep 02, 2014 4:08 pm

You will have to ask a registrar of the infringements court and/or the magistrates court.
It is hard to tell from your post what path your case is on, i.e. which court and how did you get into court (s.68 or s.160?)

charjon
Posts: 9
Joined: Tue Sep 02, 2014 2:49 pm

Re: Convert Warrants to ???

Postby charjon » Tue Sep 02, 2014 4:18 pm

Hi. Thanks for replying, the warrants were originally driving offence fines, and it was on advice from the Sheriff to go to the magistrates count and book in to see him, I did that and the payment plan was granted at $150 per week, out of a total of about $4000.
I was put off work a couple of weeks later, due to lack of work available so didn't stick to the payment plan.

The main thing I'm worried about at the moment is if I head into the court house to ask about it that I may be arrested and held until the debt is settled, which I think would be around 45 days imprisonment, and just having had a baby it would be hard on my partner.

I would even be happy if the sheriff was to seize my car to recover the funds, but they don't seem to want seize any property.

Really I'm just trying to find a way of getting this off my chest without spending time incarcerated.

Day
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Joined: Wed Mar 19, 2008 4:51 pm

Re: Convert Warrants to ???

Postby Day » Tue Sep 02, 2014 4:30 pm

Are you in Victoria?

charjon
Posts: 9
Joined: Tue Sep 02, 2014 2:49 pm

Re: Convert Warrants to ???

Postby charjon » Tue Sep 02, 2014 4:42 pm

Yes, in Victoria, North West

Hardy
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Posts: 8465
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
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Re: Convert Warrants to ???

Postby Hardy » Tue Sep 02, 2014 6:47 pm

Go to the Magistrates Court and ask to convert your fines into community work. The registrar will arrange that for you.

PHCARR
Posts: 3
Joined: Wed Sep 10, 2014 7:17 am

Re: Convert Warrants to ???

Postby PHCARR » Wed Sep 10, 2014 7:45 am

Hello all... can anyone please advise if the option for community service is still valid? If so, is there a formula that can be used such as xx hours per $100 or $1,000 of outstanding warrants?

Does anyone know how many hours per week/month of CS the Court would expect/impose?

Thank you in advance.

Hardy
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Posts: 8465
Joined: Thu Jan 01, 1970 10:00 am
Location: Melbourne Victoria
Contact:

Re: Convert Warrants to ???

Postby Hardy » Thu Sep 11, 2014 12:57 am

It's about 20 something dollars per hour.
The court that made the order that obliges you to pay is the place to go to talk about arranging a community work plan, or if you have been arrested you speak to the person who arrested you (usually the sherif). As I said earlier, speak to a registrar at a Magistrates Court. If your debt is too high you might not be eligible for community work (because of the number of years it would take to work it off).
http://www.magistratescourt.vic.gov.au/ ... y-fine-faq

The court will assess you to see whether or not you are capable of paying off the debt before they will grant permission to work it off. If you have a health care card, you automatically qualify for community work, else you need to complete a financial statement which a registrar will assess.


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