Traffic Violation in Spain: To Pay or Not to Pay?

Asked many times. Answers will be as hypothetical as the question. I don't recall anyone coming back with any non-hypothetical facts of direct results such as turning it over to a US collection agency. One can hypothetically decide their own fate.

If one were to hypothetically agree that the fine was correctly assessed due to their own hypothetical infraction, one might feel obligated due to a strong sense of ethics to pay the fine and be done with it. It just depends on that hypothetical person's moral code.

FYI: We have received the actual tickets six months to a year after the notification from the car rental company. These were in Spain and Italy. The one from Spain had no return address nor information on where or how to pay the fine.
We always have paid tickets in the past but were not able to pay that one. It was from a camera on an autostrada out in the middle of no where. Called rental agency,Avis, snd they told me to call the Spanish Tourist in NYC. The man there had no clue how we could pay and said our speed was not high for that area! I have paid tickets in Italy through fund transfers by my bank, usually for ZTLs.

Fines should be paid.

I have read 2-3 personal reports of traffic tickets from Italy being turned over to a US collection agency.

Just pay it. I've paid all my fines because, I've committed the crime/violation so I accept the consequences of my actions (no they're not scams, no they don't target Americans, yes they are completely avoidable) and I don't want the question hanging over my head of "what happens if I don't pay the fine and want to return to the country?".

All I can say is that Sixt stopped giving me nice complimentary upgrades after a couple of speeding tickets.

There has been mention of unpaid fines being outsourced to an external fee and with their mark up and tenacity you may find their actions to descure payment far more determined than the local police department. However, it would be difficult to see how a Spanish debt collection agency can have any juristiction in the US. The worst that could happen is that your details are flagged upon entry or exit of the particular country's immigration control and you're forced to pay what would then be a significant fine or denied entry. Of course, if the country of violation is within the Schengen Zone then you could enter and leave via another country and avoid the risk.

The best option is to pay it. You never know what the future holds, your claim now that you're unlikely to return to Spain may change, then you'll be wishing that you paid that fine.

I have read 2-3 personal reports of traffic tickets from Italy being turned over to a US collection agency.

Do you know what the outcome was? I find it difficult to accept that a US debt collection agency has any power or jurisdiction to enforce and collect payment for traffic violations in another country. It was difficult enough for me to secure a warrant for a suspected paedophile and transport him from the US to face justice in the UK, I can't imagine that an inconsequential traffic violation would hold enough gravitas to allow enforcement in another country.

I never received an administrative fees from the rental car company, but did receive the ticket from the municipality. When paid within the specified timeframe the fine was reduced by 50% from €100 to €50. Do the right thing and pay the fine if the ticket shows up. It is possible the municipality may not bother sending it to you (as happened for one infraction from Germany).

Why is this even a question? Pay it. Only reason not to pay it is if the time and/or location was not when you had the car or not where you had the car.

You will pay only one administrative fee per infraction. While you don't pay additional to the rental company, the fine can increase the longer you wait to pay it. Most ticketing agencies give a discount for paying promptly.

Debt collection agencies are not government organizations, they are rooms filled with insects who bother you until you pay just so they leave you alone. Yes they can attempt to collect any debt from any source. The owner of the collection agency purchases debt at a sometimes large discount and then they get to keep everything they can get you to pay.

If the offense occurred on a day and time you were in possession of the vehicle, it would seem reasonable to pay the fine. The municipal authorities could certainly turn over the ticket to a collection agency, and the original fine may increase after that.

JC, it is not a question of jurisdiction. Collection agencies in the US are private, for-profit companies, not government entities. They "buy" unpaid debts for cents on the dollar and then attempt to collect them. When the debtor is a US resident they have the power to do this even if the debt arose outside the US. The actions they may take to enforce the debt are regulated by a federal law, the Fair Debt Collection Practices Act, to prevent "abusive practices" like harassment and threats.

https://www.consumer.ftc.gov/articles/debt-collection-faqs

It allows the collection agency to contact the debtor by phone, letter, email, etc. but limits the time and place of contact. It also allows them to report the debt to the credit bureaus so it appears on one's credit report. That is the biggest concern, especially if one is contemplating applying for a mortgage, re-finance, car loan, etc.

They can also take the debtor to court to enforce the debt, but they won't bother with an amount this small.

But I have only read of collection agencies getting involved with tickets from Italy. I have no idea if the Spanish municipality would go that route.

FYI: this illustrates the case of fines issued in Italy to British drivers, but similar inter-governmental agreements are in place between other countries, including the US: https://www.telegraph.co.uk/cars/advice/driving-abroad-can-you-ignore-a-holiday-parking-ticket/

Does anybody know if US debt collection companies can report these kinds of things to credit bureaus?

Yes, US based collection agencies are allowed to report any and all debts they are working on to the credit bureaus.

@Lola, I understand the role of a debt collection agency but my point about jurisdiction concerns the collection of fines imposed by a foreign agency. Nothing in your link makes any reference to fines incurred abroad.

The question regarding debt collection agencies 'buying' unpaid debts from overseas agencies, particularly law enforcement, and successfully persuing them in the US for example has not, to my knowledge, been answered or evidenced by anyone with direct experience. It's all a bit of a grey area.

JC - I think Lola did answer your question. While a foreign entity might not have jurisdiction in the US to enforce its debt directly, they can turn over the debt to a collection agency. The collection agency can then take legally allowed actions to collect the debt, including reports to the credit bureaus. It might be an unknown if they can take the debt to court for a court-enforced collection, but otherwise it would be pretty standard operating procedure in the US. Depending on the amount, the collection agency might eventually give up, if it "hypothetically" wasn't paid, because at some point it becomes far more expensive for them to try and collect.

As to the OP's question, I'm not sure why you wouldn't pay a legitimate fine if you get it. If you committed the infraction and were caught, you should pay. There is no definitive answer as to whether the Spanish authority will turn the debt over to a collection agency, so you'd be gambling on that. The rental agency can only charge you the initial administrative fee, unless the Spanish authority fines the agency directly (rare), in which case the cost would be passed on to you under the rental agreement.

I ask the OP this question:

If I travel to your state from Canada and get a traffic ticket, should I pay it?

The original post was never about whether the fine should or should not be paid. Ethically, the answer to this is very straightforward. The original question came from a place of curiosity regarding what could and would most likely happen if one were to decide not to pay. Regardless, said ticket has not yet shown up in my friend's mailbox so they haven't had the opportunity to pay or not pay it (hypothetically) yet. Thanks and good day, all!

If I ask what will happen if do not pay a fine it is because I am assessing the odds.