NJ N.J.S.A. 2C:46-2. Default in Payment of Fines or Penalties

NJ N.J.S.A. 2C:46-2. Default in Payment of Fines or Penalties

In New Jersey, N.J.S.A. 2C:46-2 allows courts to take action if you default on paying court-ordered fines or penalties. Failure to pay can result in serious consequences like wage garnishment, property liens, driver’s license suspension and even jail time.

It’s important to understand how this law works and what options you have if you fall behind on payments. An experienced criminal defense attorney can help protect your rights under 2C:46-2.

Overview of N.J.S.A. 2C:46-2

N.J.S.A. 2C:46-2 states that upon default of payment of a fine or penalty, the court may:

• Order a wage garnishment or property lien
• Suspend driving privileges
• Modify the installment payment schedule
• Grant an extension for reasonable cause
• Impose a term of imprisonment or community service

This gives judges wide discretion to enforce fines using both civil and criminal sanctions. Some key things to know:

• Applies to all criminal fines and penalties in municipal, state, and federal courts
• Monthly payment plans are common but routinely have high surcharges
• Interest accrues on unpaid amounts
• License suspension happens after just 2 missed payments

Wage Garnishments Under 2C:46-2

If you fall behind on fine payments, the court can order wage garnishment requiring your employer to deduct amounts directly from your paycheck.

This is a civil remedy but stems from a criminal penalty. The court can garnish up to 10% of gross wages until the fine is paid off.

An attorney may be able to get a wage garnishment stopped by negotiating an alternative payment plan. But courts strongly prefer this option.

Property Liens Under 2C:46-2

The court can also place liens against your property for unpaid fines and penalties under 2C:46-2. This creates a legal claim allowing them to seize and sell your assets.

Liens can be placed on vehicles, real estate, bank accounts, business assets, and other valuables to satisfy your court debt. This also damages your credit.

A lawyer may be able to fight the lien or limit it only to exempt property. But it’s an uphill battle once imposed.

License Suspension Under 2C:46-2

In addition to wage and property sanctions, failure to pay fines can result in an indefinite driver’s license suspension per 2C:46-2.

After just 2 missed payments, the court notifies the MVC to suspend your driving privileges. You cannot legally drive again until the debt is paid.

An attorney can request a payment plan and try to get the suspension lifted quickly. But expect a fast license suspension if you default.

Jail Time Under 2C:46-2

Perhaps most seriously, judges can impose jail time if you are unable to pay fines under 2C:46-2. Each day in jail credits $50 toward your court debt.

While illegal, this still occurs regularly. Those unable to afford fines face de facto debtors’ prison. An lawyer can argue against incarceration on constitutional grounds.

Jail should only be an absolute last resort for willful nonpayment. Poverty should not be criminalized.

Defenses Against 2C:46-2 Enforcement

There are some defenses against the harsh enforcement measures under 2C:46-2, including:

• Poverty – Inability to pay due to low income or expenses
• Bankruptcy – Fine debts may be dischargeable in bankruptcy
• Excessiveness – Fines cannot be disproportionate to the offense
• Payment Plan – Default due to impractical payment schedule

An experienced attorney can argue these defenses and seek alternatives to strict enforcement. But courts have broad powers under 2C:46-2.

Seeking Relief Under 2C:46-2

If you anticipate defaulting on fine payments, take action quickly. An attorney can seek relief by:

• Requesting a modified payment plan
• Applying for an extension for good cause
• Petitioning to convert fines to community service
• Arguing constitutional violations for excessive fines

Acting preemptively gives you the best chance to avoid punitive enforcement measures.

Hiring an Attorney

Don’t wait until your wages are garnished or license suspended to take action on unpaid fines. Experienced counsel can advocate for affordable payment plans.

They will also defend against any unconstitutional or excessive sanctions proposed if you still cannot pay. Don’t let debt snowball into criminal penalties.