Rule 5. Payment of Summonses

(a) Administrative Payments. Administrative payments are payments pursuant to summonses which are eligible to be made by mail, online for traffic tribunal summonses only, or in person without the defendant having to appear in court. Any fines which may be paid administratively pursuant to law shall be paid to the traffic tribunal or the municipal court no later than seven (7) days before the court hearing date as set forth on the summons.

(1) Payment in Full. Administrative payments shall be made in full. The fine shall be paid in full to the court no later than seven (7) days before the court hearing date as set forth on the summons to avoid appearing at the court hearing.

(2) Payment by Mail. If payment is made by mail, it shall be received by the court not later than seven (7) days before the court hearing date as set forth on the summons to avoid appearing at the court hearing.

(3) Online Payments for Traffic Tribunal Summonses. For traffic tribunal summonses only, online payments are available twenty-four (24) hours a day, seven

(7) days a week on the Rhode Island Judiciary's website at www.courts.ri.gov by selecting "Online Payments" on the home page, except when the system is unavailable due to scheduled or other maintenance. Payments made online shall be received by the traffic tribunal no later than seven (7) days before the court hearing date as set forth on the summons to avoid appearing at the court hearing.

(4) Admission of Guilt. Administrative payment of the summons shall be deemed an admission of guilt to the civil violation(s) charged in the summons.

(5) Administrative Payment Incorrectly Marked on the Summons. If the issuing officer incorrectly notes on the summons that the offense is eligible to be paid administratively but requires a mandatory hearing, the court shall send a notice to the defendant with a court hearing date.

(6) Fine Amount Incorrectly Marked on the Summons. If the issuing officer incorrectly notes the fine amount on the summons and the defendant pays the incorrect fine amount, the court shall send a notice to the defendant as to the amount of underpayment and the time frame within which the defendant must pay the balance or appear in court or the amount of overpayment. If the defendant appears in court, the judicial officer shall adjust the fine amount on the summons for the court record.

(b) Payments After a Court Hearing. Payment is due immediately following the disposition of the case. If payment is not made in full, the court shall set a date for a court hearing for a determination of the defendant's ability to pay. If the defendant fails to appear at the ability to pay hearing, the court may suspend the license and/or registration and/or issue a civil body attachment in the manner set forth in G.L. 1956 § 8-8.2-3.

(1) Periodic Payments. If, following an adjudication and a hearing, the court finds that the defendant or judgment debtor is unable to pay the judgment in full, the judicial officer may enter an order fixing the amount, frequency, and manner of periodic payments until the judgment is paid in full. Payment shall be received by the date certain set by the court or the defendant must appear in court, unless otherwise ordered by the court.

(2) Failure to Comply with Periodic Plan by the Judgment Debtor. If a judgment debtor has failed to comply with a periodic payment order or if the court finds willful failure on the part of the judgment debtor to pay a fine previously imposed, the court may suspend the license and/or registration and/or issue a civil body attachment in the manner set forth in G.L. 1956 § 8-8.2-3 for a judgment debtor who fails to appear.