Idaho Mis. Crim. R. 8

As amended through June 4, 2024

Rule 8 - Deferred payment agreement - Form

(a)Deferred Payment Agreement. After the entry of a judgment for a misdemeanor, the court, or the clerk within the guidelines set by the court, may enter into an agreement with the defendant for the deferred payment of the fine, court costs, and any other court ordered payment. Such agreement shall be signed by the defendant and the court, or the clerk on behalf of the court, and shall state that failure of the defendant to make the payments when agreed may result in the issuance of a warrant for the arrest of the defendant. Subsequent extensions of time to pay a fixed penalty may be granted by the execution of a new agreement by the defendant and the court or the clerk. The deferred payment agreement does not affect the ability of a victim to collect restitution as provided in Idaho Code § 19-5305(1).

(b)Form of Agreement. A deferred payment agreement under this rule shall be in substantially the following form:

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Payments can be made at [ court address ] or online at [ Courtpay ] or by phone at [number ] There will be a 5% transaction fee for all online payments and a $3 technology cost for credit or debit card payments. Idaho Code 31-3221.

An additional statutory $2.00 handling fee will be assessed for EACH partial payment. Idaho Code 31-4602 and 31-3201.

Notifications to Defendant

* If you fail to pay the monetary sums ordered by the court in accordance with this deferred payment agreement the balance owing may be sent to a collection agency and that the collection agency can charge a collection fee up to an additional 33% of the balance owed. I.C.§ 67-2358 1 (b).

* If you miss a payment the entire sum will become due and a Warrant may be issued for your arrest for Failure to Pay.

* If you are on probation failure to pay may result in a violation of probation.

* If you change your place of residence you must inform the Court within five days.

* If you fail to pay as agreed your Idaho State Income Tax return may be intercepted by the county and applied to this debt. Idaho Code 1-1624(2).

Dated_

Clerk or Judge_

RECEIPT

I acknowledge receipt of this Agreement and state that I have read and agree to the terms of this Agreement and acknowledge that A WARRANT MAY BE ISSUED FOR MY ARREST IF I FAIL TO MAKE THE PAYMENT AS AGREED.

Defendant_Dated_

Id. Mis. Crim. R. 8

Adopted April 18, 1983, effective 7/1/1983; amended February 10, 1993, effective 7/1/1993; amended April 27, 2016, effective 7/1/2016.