How long does Virginia have to collect unpaid criminal fines, court costs, and restitution from someone in prison?

Plain-English summary

The Clerk of the Southampton / Franklin Circuit Court asked whether the limitations periods for civilly enforcing court-ordered fines, costs, and restitution were paused (tolled) while the defendant was in prison. Attorney General Mark R. Herring concluded they were not, with one narrow exception.

For fines and costs imposed by a circuit court, §§ 19.2-340 and 19.2-341 give the Commonwealth a 20-year window to enforce by civil execution, measured from the date of the offense or delinquency. (General district court fines have a 10-year window.) Nothing in the Code tolls that period for incarceration. Exceptions to statutes of limitation, the AG noted, have to come from the statute itself.

For restitution, the analysis is similar but with an extra mechanism. A circuit court restitution order is not itself a civil judgment; it becomes one only when docketed under §§ 19.2-305.2 and 8.01-446. The 20-year period in § 8.01-251 then runs from docketing, can be extended in 20-year increments by court motion with no cap on the number of extensions, and ordinarily is not tolled by incarceration. The exception: § 8.01-251(D) tolls the period during any time the right to execute on the judgment is suspended by the judgment's terms. So if the circuit court suspends civil enforcement of restitution until the defendant is released, the tolling kicks in for the period of incarceration.

The opinion also flagged that civil execution is not the only collection tool. Section 19.2-306 lets the judge revoke a suspended sentence or probation for nonpayment within one year (fines/costs) or three years (restitution) after the period of suspension or probation ends, without any tolling for incarceration. Section 19.2-358 allows contempt proceedings for missed installment payments with no statute of limitations.

Currency note

This opinion was issued in 2017. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Virginia has periodically revisited court-debt collection policy since 2017, including changes to driver's license suspension for unpaid court debt and to the role of private collectors. Before relying on the 20-year or 10-year limitation periods cited here, check current text of §§ 19.2-340, 19.2-341, 8.01-251, and 19.2-305.2.

Background and statutory framework

Section 19.2-340 makes circuit court fines and costs a judgment that may be enforced by execution "in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341." Section 19.2-341 caps that period at 20 years from the date of offense or delinquency for circuit-court impositions, and at 10 years for general district court impositions. The text does not contain a tolling provision for incarceration, and the AG cited Barley v. Duncan, 177 Va. 202, 203 (1941), and Clark v. Nave's Creditors, 116 Va. 838, 841-42 (1914), for the rule that exceptions to a limitations statute must be found within the statute.

Restitution is governed by a more layered scheme. Under § 19.2-305.2, a restitution order may be docketed under § 8.01-446 when the court so orders or when the victim requests, and once docketed it may be enforced by the victim "in the same manner as a judgment in a civil action." A docketed restitution order has "the same force and effect as a specific judgment for money" (§ 8.01-446). The civil-judgment 20-year limitation period in § 8.01-251 therefore applies, but it does not begin to run until docketing. Section 8.01-251 also allows extensions in 20-year increments on court motion with no statutory cap.

Section 8.01-251(D) provides a single relevant tolling rule: the period is tolled during "any time during which the right to sue out execution on the judgment is suspended by the terms thereof." So a court order that suspends civil enforcement of restitution until the defendant's release will toll the limitations period for the term of incarceration. Without such a suspension, the 20-year clock continues to run.

Beyond civil execution, two criminal mechanisms remain available. Section 19.2-306(B) authorizes revocation of a suspended sentence or probation for nonpayment, with a one-year limit after the period of suspension or probation ends for fines and costs, or three years for restitution. Section 19.2-358 authorizes fine or imprisonment for nonpayment of installments, with no limitations period and contempt-style remedies. Porter v. Commonwealth, 65 Va. App. 467, 477 (2015), confirmed that no statute of limitations applies to contempt proceedings under § 19.2-358.

Common questions

Q: How long does Virginia have to civilly collect a circuit-court fine?
A: The AG concluded the period was 20 years from the date of the offense or delinquency, not from sentencing or judgment, under § 19.2-341. Section 19.2-340 treats the unpaid fine as a judgment for civil-enforcement purposes.

Q: Is that 20-year period paused while the defendant is in prison?
A: No. The AG found no statute that tolled the period for incarceration, and Virginia courts have held that exceptions to a limitations statute have to come from the statute itself.

Q: What about restitution? Same answer?
A: Similar but with extra steps. The 20-year period in § 8.01-251 applies to a docketed restitution order, but it runs from docketing, not from the date of offense. It can be extended in 20-year increments by court motion with no cap.

Q: Can restitution enforcement ever be tolled during incarceration?
A: Only if the circuit court formally suspends enforcement of the restitution order until the defendant's release. Section 8.01-251(D) tolls the period when the right to execute on the judgment is suspended by the order's terms.

Q: If civil collection is blocked, can the court still do anything?
A: Yes, in two ways. Section 19.2-306 lets the judge revoke a suspended sentence or probation for nonpayment within one or three years of the supervision period ending. Section 19.2-358 authorizes contempt proceedings for missed installment payments and has no statute of limitations.

Q: What's the difference between fines from circuit court and from general district court?
A: The civil-enforcement window. Section 19.2-341 gives the Commonwealth 20 years for circuit-court impositions and 10 years for general district court impositions.

Citations and references

Virginia statutes:

• Va. Code Ann. § 8.01-251 (limitations for execution on judgments, including subsection (D) tolling)
• Va. Code Ann. § 8.01-446 (docketing of civil judgments)
• Va. Code Ann. § 19.2-305.2 (restitution order, docketing, enforcement)
• Va. Code Ann. § 19.2-306 (revocation of suspension for nonpayment)
• Va. Code Ann. § 19.2-340 (circuit-court fines as judgments)
• Va. Code Ann. § 19.2-341 (limitations on civil enforcement)
• Va. Code Ann. § 19.2-358 (failure to pay installments)
• Va. Code Ann. § 2.2-505 (AG advisory opinion authority)

Cases:

• Barley v. Duncan, 177 Va. 202 (1941)
• Clark v. Nave's Creditors, 116 Va. 838 (1914)
• Porter v. Commonwealth, 65 Va. App. 467 (2015)

Prior AG opinions:

• 1981-1982 Op. Va. Att'y Gen. 135
• 1987-1988 Op. Va. Att'y Gen. 305

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2017/16-022-Francis--statute-of-limitations-for-fines,-etc.--for-issuance.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

April 27, 2017

The Honorable Richard L. Francis
Clerk, County of Southampton / City of Franklin Circuit Court
22350 Main Street, Post Office Box 190
Courtland, Virginia 23837

Dear Mr. Francis:

I am responding to your request for an official opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether the statutes of limitations governing the civil enforcement of fines, costs, and restitution imposed by a circuit court in traffic or criminal prosecutions are tolled when the debtor is incarcerated.

Applicable Law and Discussion

1. Civil enforcement of fines and costs imposed by a circuit court

With respect to fines and costs imposed by a circuit court, §§ 19.2-340 and 19.2-341 of the Code of Virginia together establish the applicable limitation period governing enforcement by means of civil execution. Section 19.2-340 provides that "[f]ines imposed and costs taxed in a criminal or traffic prosecution ... for committing an offense shall constitute a judgment and, if not paid at the time they are imposed, execution may issue thereon in the same manner as upon any other monetary judgment, subject to the period of limitations provided by § 19.2-341."[1] Section 19.2-341 in turn provides that "[n]o such proceeding of any nature ... shall be brought or had for the recovery of such [amounts] due the Commonwealth or any political subdivision thereof, unless within twenty years from the date of the offense or delinquency giving rise to imposition of such [judgment] if imposed by a circuit court, or within ten years if imposed by a general district court."[2] Thus, for fines and costs imposed by a circuit court in traffic or criminal proceedings, the General Assembly has imposed a twenty-year limitations period on civil enforcement, beginning on the date of offense or delinquency. There is no statutory provision, whether in § 19.2-341 or elsewhere in the Code, that tolls the running of this limitation period when the debtor is incarcerated.[3]

2. Civil enforcement of a circuit court restitution order

A different analysis applies to your inquiry regarding civil enforcement of restitution imposed by a circuit court, as a more complex statutory scheme provides for potentially longer periods of enforcement.

Section 19.2-305.2 provides that "[a]n order of restitution may be docketed as provided in § 8.01-446 when so ordered by the court or upon written request of the victim and may be enforced by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action."[4] Because civil enforcement of a docketed restitution order generally is governed by the same provisions as a judgment in a civil action, the twenty-year limitations period in § 8.01-251 for the enforcement of a circuit court judgment applies to a docketed restitution order.[5] But accrual of this period does not begin until the restitution order is docketed pursuant to §§ 19.2-305.2 and 8.01-446.[6] The limitation period may be extended in twenty-year increments upon motion and approval of the court, and there is no statutory limitation on the number of extensions that may be approved.

Regarding your inquiry as to tolling of this period for civil enforcement of restitution obligations, I am aware of no statute that tolls the twenty-year limitation period in § 8.01-251 when the debtor/defendant is incarcerated. Section 8.01-251(D), however, provides generally that the limitation period is tolled during "any time during which the right to sue out execution on the judgment is suspended by the terms thereof ...."[7] Therefore, if the circuit court suspends enforcement of a restitution order until the debtor/defendant is released from incarceration and incorporates that suspension in the restitution order, the limitations period would be tolled for the amount of time in which the debtor/defendant is incarcerated.[8]

Conclusion

For the foregoing reasons, it is my opinion that for civil enforcement of a fine or costs imposed by a circuit court in a traffic or criminal prosecution, the statute of limitations is twenty years, beginning on the date of offense or delinquency. This limitation period is not tolled when the debtor is incarcerated.

For civil enforcement of restitution imposed by a circuit court in a traffic or criminal prosecution, there is a twenty-year statute of limitations, commencing when the restitution order is docketed. This limitation period is extendable upon motion and by court approval in twenty-year increments. It is not tolled during incarceration, unless the court stays enforcement until the debtor/defendant is released.

With kindest regards, I am

Very truly yours,

Mark R. Herring
Attorney General

[1] VA. CODE ANN. § 19.2-340 (2015).

[2] VA. CODE ANN. § 19.2-341 (2015).

[3] See id. Exceptions to the operation of a statute of limitations generally must be found in the statute itself. See Barley v. Duncan, 177 Va. 202, 203 (1941); Clark v. Nave's Creditors, 116 Va. 838, 841-42 (1914).

[4] VA. CODE ANN. § 19.2-305.2 (2015).

[5] See VA. CODE ANN. § 8.01-446 (2015) (stating that a docketed restitution order "shall have the same force and effect as a specific judgment for money").

[6] See VA. CODE ANN. §§ 8.01-446, 19.2-305.2 (providing that the docketing of a circuit court restitution order is the relevant event that empowers the victim to initiate civil enforcement proceedings on the order); see also 1981-1982 Op. Va. Att'y Gen. 135, 136, with 1987-1988 Op. Va. Att'y Gen. 305, 306-07 (together affirming the proposition that a restitution order is not itself a civil judgment; rather, docketing a circuit court restitution order is the triggering event that assigns it the character of a civil judgment).

[7] VA. CODE ANN. § 8.01-251(D) (2015).

[8] Although the focus of your inquiry is on the civil recovery of unpaid fines, costs, and restitution imposed by a circuit court, I note that enforcement by civil execution is not the only mechanism for the recovery of court-ordered fines, costs, and restitution. The trial judge retains authority to bring criminal proceedings against an individual to recover these debts. Section 19.2-306 provides that the judge may bring proceedings to revoke a suspended sentence or probation which is conditioned on payment of fines, costs, or restitution if the debtor/defendant fails to pay during the period of suspension or probation. With respect to a failure to pay fines and costs, such proceedings must be brought "within one year after the expiration of the period of probation or ... suspension" or, "in the case of a failure to pay restitution, within three years after such expiration." VA. CODE ANN. § 19.2-306(B) (Supp. 2016). There is no statute tolling these limitation periods during the debtor/defendant's incarceration. In addition, § 19.2-358 provides yet another judicial remedy by which payment be enforced. It provides that if an individual fails to make installment or deferred payments on fines, costs, or restitution, he may be fined or imprisoned. No statute of limitations applies to the authority of the trial court to bring contempt proceedings under § 19.2-358. Porter v. Commonwealth, 65 Va. App. 467, 477 (2015).