There are various types of fines. What you can do about them depends on the type of fine. Always carefully read the document that accompanies the fine. It will outline what actions you can take if you disagree with the fine. Possible arguments you can use to contest the fine include:

– You did not commit the offense. Submit written evidence. You can bring people to testify on your behalf at the hearing before the magistrate. – You were not responsible for the offense. For example, you acted in self-defense or had no choice but to choose between two evils. – The amount of the fine is not proportionate to your (minimum) income but is based on an average income. You are being “disproportionately burdened” by the fine. You can prove your income with your latest benefit statement or payslip. – You can request that the fine be reduced or imposed conditionally. With a conditional fine, you only have to pay if you do not meet the condition (usually if you commit another offense). You can also request community service as an alternative. Click here to check your outstanding debts with the CJIB.

Mulder Fine
An M-fine is a fine based on the Mulder Act. M-fines are mainly issued for traffic violations. You can appeal a Mulder Act fine to the public prosecutor. This must be done within six weeks, not a day later. Therefore, send the letter by registered mail to the address listed in the notice. The second step is to appeal to the magistrate.

Can’t Pay the Fine?
As of July 1, 2015, it is possible to pay a traffic fine in installments. This applies to fines for traffic violations imposed under the Administrative Enforcement of Traffic Regulations Act (Wet Mulder). You can recognize this fine by the letter M in the top right corner of the form. To qualify for installment payments, the following conditions apply:

– You are a resident of the Netherlands;
– The fine is issued in the name of an individual, not a legal entity (e.g., a company or organization);
– The due date of the notice has not yet passed when the application is submitted;
– The amount on the notice (excluding administrative costs) is €225.00 or higher. If you are under 16 years old, the lower limit is €112.50.

If you meet these conditions, you can submit an application for installment payments via a web form. If the application is approved, you will receive a letter from the CJIB stating that you can pay the fine in three installments within a specified period.

For a payment plan, see the link: CJIB Payment Plan.

If you do not pay the fine, the Mulder Act provides several enforcement measures. One of these measures is imprisonment (detention). However, detention does not pay off the fine! The judge must decide on the detention. Detention cannot force you to pay if you have no money. If you receive a notice of detention, contact us immediately. Always attend the hearing. You will not be detained during or after the hearing.

For a sample defense against detention under the Mulder Act, see here. For a ruling from a critical judge, see here.

National Ombudsman
The National Ombudsman has strongly criticized the collection of fines by the CJIB. People who could not pay their fines due to financial difficulties were wrongly deprived of their freedom. This conclusion was drawn by National Ombudsman Reinier van Zutphen in his report “Held Hostage by the System.” The ombudsman investigated the imprisonment of people who could not pay fines because they had no money. “Citizens who cannot pay their fines should not be imprisoned. People with financial problems do not belong in prison because of detention. It solves nothing,” says Van Zutphen. Currently, the Public Prosecution Service (OM) still seeks to imprison people who cannot pay their fines. The OM does not adequately investigate why people have not paid their fines. Read the report: Held Hostage by the System.

Facing Imprisonment: What to Do If You Can’t Pay a Fine? Three steps:

Request a payment plan from the CJIB.
Request urgent processing and explain why you cannot pay. Include a payslip or benefit statement and written information about your social and/or medical problems, such as reports from doctors and caregivers. Explain the consequences of imprisonment for you.
If the public prosecutor issues a warrant for detention, you can be detained at any time. As an exception, the CJIB may still allow a payment plan at this stage. The CJIB assesses whether there is an evidently unreasonable situation based on several indicators and the overall picture. In principle, the following personal circumstances indicate this:

– There must be (serious) debt problems, and;
– The problem should preferably be reported to or known by a municipality, a protective administrator, or another (professional) institution or actor involved in the debt problem, and;
– The individual has a demonstrably (very) low disposable income, and;
– The outstanding amount is at least €900.00.
You must meet all four criteria.

Additionally, there are several conditions to promote the successful completion of the agreements:

– There must be a reasonable payment proposal that leads to the quickest possible and full payment of the outstanding claim;
– In the year preceding the arrangement, the individual has not had a previous arrangement that was terminated due to circumstances attributable to them;
– The individual cooperates in preventing further problems (e.g., transferring vehicle registration(s) or avoiding new debts);
– The application should preferably be made by the institution involved in the individual’s debt problem.
2. Complaint Against the CJIB
Your request for a payment plan is denied. File a complaint and request urgent processing. Explain why you cannot pay. Include a payslip or benefit statement and written information about your social and/or medical problems. Explain the consequences of imprisonment for you. You can file a complaint online or by post. Address:

Centraal Justitieel Incassobureau
Directie D&I – Informatiecentrum
o.v.v. klacht
Postbus 1794
8901 CB Leeuwarden
Do not forget to include your address, phone number, and the CJIB number of your case.

Complaint to the National Ombudsman
If the CJIB rejects your complaint or does not handle it within fourteen days, you can request an urgent intervention from the National Ombudsman. Explain why you cannot pay. Include a payslip or benefit statement and information about your social and/or medical problems. There must be multiple problems, meaning you have issues in several areas of life. Explain the consequences of imprisonment for you. The National Ombudsman will then investigate whether they can mediate urgently between you and the CJIB.
Criminal Order
You can receive a criminal order (S-fine) for various offenses. According to the public prosecutor, you have committed a criminal offense for which a fine is imposed. The criminal order will be sent to you by the CJIB (Central Judicial Collection Agency). An acceptance form will be sent with the criminal order, allowing you to pay the fine. The criminal order will describe what actions you can take if you disagree with it.

If you pay immediately, you will lose your right to file an objection.
You can file an objection within fourteen days (not a day later) at the court’s prosecution office (at the central desk). Request a certificate of objection there. The address of the Amsterdam Court is Parnassusweg 220, Amsterdam.

You can also send your objection by registered mail to:
CVOM
Postbus 8267
3503 RG Utrecht

Click here for more information on the CJIB website.
Click here for more information on criminal orders on the schuldinfo website.