Council tax and fines · 4 min read
Can't pay a magistrates' court fine? What happens and what to do
Magistrates' court fines are enforced more strictly than other debts. Bailiffs can force entry as a last resort, and fines can't go into Breathing Space, a DRO or an IVA. How to get affordable payments and avoid escalation.
- Fact-checked
- Against official sources
- Last updated
- Next review due
- April 2027
- Applies to
- England and Wales
- Sources
- 3 listed on this page
Independent guidance, not a government service. This page is general information about the law in England and Wales, not financial or legal advice. Debt solutions have fees, risks and consequences. For free, impartial advice, contact MoneyHelper or a debt charity.
The short answer
Magistrates’ court fines are a priority debt with tougher enforcement. Bailiffs collecting them can force entry as a last resort, and fines can’t be included in Breathing Space, a Debt Relief Order, an IVA or bankruptcy. The good news: the court can change your payment terms if you can’t afford them. Contact the fines office as soon as possible.
How court fines are collected
When you’re fined, the court usually makes a collection order setting out how and when to pay. If you don’t pay, HM Courts & Tribunals Service can:
- take deductions from your benefits
- make an attachment of earnings order with your employer
- increase the fine
- issue a warrant of control to enforcement agents (bailiffs)
- in some cases, clamp and sell a vehicle
- as a last resort, bring you back to court, where prison is possible for wilful refusal or culpable neglect
Why fines are different
| Most civil debts (e.g. council tax) | Magistrates’ court fines | |
|---|---|---|
| Bailiffs force entry? | No | Yes, as a last resort |
| Breathing Space? | Yes | No |
| DRO, IVA or bankruptcy? | Usually yes | No – fines aren’t written off |
| Prison possible? | Rare (England, council tax) | Yes, for wilful refusal or culpable neglect |
Read can bailiffs force entry? and priority debts.
What to do if you can’t pay
- Contact the fines office at HM Courts & Tribunals Service straight away. The contact details are on your fine notice.
- Ask to change your payment terms. You can ask for lower instalments if your circumstances have changed. Be ready to give details of your income and spending.
- Ask for deductions from benefits if you receive them – this can be an affordable way to pay and avoids bailiff fees.
- If you didn’t know about the case, for example a Single Justice Procedure notice that went to an old address, you may be able to make a statutory declaration to reopen it. Act quickly.
- If bailiffs have been instructed, contact the enforcement company and the fines office to agree a plan. Don’t ignore a Notice of Enforcement.
If you have other debts too
Even though fines can’t be included in debt solutions, your other debts can. Dealing with them can free up money to pay the fine. For example, a Debt Relief Order or IVA might deal with your credit cards and council tax arrears, leaving you able to keep up the fine payments.
An adviser can help you prioritise. Free advice is available from MoneyHelper and debt charities.
Frequently asked questions
Can bailiffs break in for a court fine?
They can use reasonable force to enter as a last resort when collecting unpaid criminal fines. They must still follow the other rules, such as visiting hours and protections for vulnerable people.
Can a court fine go in a DRO or bankruptcy?
No. Fines for criminal offences can’t be included in a DRO, IVA or bankruptcy, and you’ll still owe them afterwards.
Can I go to prison for not paying a fine?
It’s possible, but only after other enforcement has failed and a court finds wilful refusal or culpable neglect. Contacting the fines office early makes it very unlikely.
Is a TV licence fine a court fine?
Yes. If you’re prosecuted for not having a TV licence, any fine is a magistrates’ court fine.
Sources
How we wrote this article
- Research: written from primary sources such as legislation.gov.uk, GOV.UK and the Insolvency Service, then fact-checked by a second member of our team. The sources are listed above.
- Checked: last checked on . Next review due April 2027, or sooner if the rules change.
- Scope: applies to England and Wales. If you live in Scotland or Northern Ireland, read our Scotland and Northern Ireland guide. It is general information, not personal advice.
- Independence: we are not a government website or service, and we are not connected to any council, court or enforcement company.
- Money: we may receive a fee if we introduce you to a debt advice firm. This doesn't change what we write. How we're paid.
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