IRLJ 3.6 — Payment Plans
IRLJ 3.6 governs payment plans in Washington courts of limited jurisdiction for civil infractions. The rule establishes when a person may request a payment plan and when a court must—or may—enter into one.
The rule applies to monetary obligations associated with infractions, including penalties, fees, costs, assessments, and other financial obligations.
A Person May Request a Payment Plan at Any Time
IRLJ 3.6 provides:
“A person may request a payment plan at any time for the payment of any monetary penalty, fee, cost, assessment, or other monetary obligation associated with an infraction.”
This means a request is not limited to a specific stage of the case. A person may request a payment plan whether the obligation has just been imposed or remains unpaid later.
Mandatory Payment Plans — IRLJ 3.6(a)
Subsection (a) sets out when a court must enter into a payment plan.
The court shall enter into a payment plan if:
- The court determines the person does not have the ability to pay the obligation in full;
- The person has not previously been granted a payment plan for the same monetary obligation; and
- The court has not authorized its collections agency to take civil legal enforcement action.
If these three conditions are satisfied, the rule uses mandatory language: “the court shall enter into a payment plan.”
This removes discretion from the court when eligibility criteria are met.
Discretionary Payment Plans — IRLJ 3.6(b)
Subsection (b) addresses situations where the court has authorized its collections agency to take civil legal enforcement action.
In that circumstance, the rule states the court may, at its discretion, enter into a payment plan.
Unlike subsection (a), this provision is discretionary rather than mandatory.
Key Distinction in IRLJ 3.6
The core distinction in IRLJ 3.6 is:
- If collections enforcement has not been authorized and the person lacks ability to pay, a payment plan is mandatory.
- If collections enforcement has been authorized, the court retains discretion.
The rule does not define payment terms, installment amounts, or duration. It governs the authority and obligation to establish a plan.
Effective Date
IRLJ 3.6 was adopted effective January 1, 2023.
Practical Impact of IRLJ 3.6 Payment Plans
IRLJ 3.6 ensures that individuals who cannot pay a monetary obligation in full are entitled to structured payment arrangements under defined conditions.
The rule limits court discretion when statutory criteria are met and clarifies when discretion applies after enforcement has been authorized.
Because infractions can involve substantial financial penalties, understanding eligibility for a mandatory payment plan can materially affect a person’s financial obligations in Washington courts.
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