Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Collections Infrastructure
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
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Who may collect
Below are the collections infrastructure provisions that meet your search criteria.
15 Results
| State | Statute | Description/Statute Name | Statutory language | |
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Colorado | Colo. Rev. Stat. § 16-11-101.6(3) | Collection of Fines and Fees - Methods - Charges - Judicial Collection Enhancement Fund |
To collect on past due orders of fines or fees, the state may employ any method available to collect state receivables, including assigning such accounts to private counsel or private collection agencies under section 24-30-202.4(2), C.R.S.
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Colorado | Colo. Rev. Stat. § 24-30-202.4(1) | Collection of Debts Due the State - Controller's Duties - Creation of Debt Collection Fund - Reciprocal Debt Collection Agreements - Definitions |
The state controller shall advise and assist the various state agencies concerning the collection of debts due the state through such agencies, in accordance with rules promulgated by the executive director of the department of personnel, to achieve the prompt collection of debts due such agencies. The controller may delegate the responsibility for the collection of debts to the central collection services section of the division of finance and procurement, or any successor section, in the department.
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Colorado | Colo. Rev. Stat. § 24-30-202.4(2) | Collection of Debts Due the State - Controller's Duties - Creation of Debt Collection Fund - Reciprocal Debt Collection Agreements - Definitions |
All state agencies shall refer to the state controller debts due the state that the agency has been unable to collect within thirty days after such debts have become past due
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Montana | Mont. Code Ann. § 46-17-302(1) | Execution of judgment | The judgment must be executed by the sheriff, constable, marshal, or police officer of the jurisdiction in which the offender was convicted. |
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Montana | Mont. Code Ann. § 46-17-303(2) | Deposit of fines--collection |
(a) The court may contract with a private person or entity for the collection of any final judgment that requires a payment to the court.
(b) In the event that a + See moreprivate person or entity is retained to collect a judgment, the court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the court must be added to the judgment amount.
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Montana | Mont. Code Ann. § 46-17-402(2) | Fees and fines--collection | The municipal court may contract with a private person or entity for the collection of any final judgment that requires a payment to the municipal court. |
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Montana | Mont. Code Ann. § 3-10-601(4) | Collection and disposition of fines, penalties, forfeitures, and fees |
(a) The justice's court may contract with a private person or entity for the collection of any final judgment that requires a payment to the justice's court.
(b) In the event + See morethat a private person or entity is retained to collect a judgment, the justice's court may assign the judgment to the private person or entity and the private person or entity may, as an assignee, institute a suit or other lawful collection procedure and other postjudgment remedies in its own name.
(c) The justice's court may pay the private person or entity a reasonable fee for collecting the judgment. The fee incurred by the justice's court must be added to the judgment amount.
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Montana | Mont. Code Ann. § 46-19-102(3) | Execution of judgment |
(a) The court may contract with a private person or entity for the collection of any fine portion of a judgment.
(b) In the event that a private person or entity + See moreis retained to collect the fine portion of a judgment, the court may assign the fine portion of the judgment to the private person or entity and the private person or entity may, as an assignee, institute suit or other lawful collection procedures and postjudgment remedies in the private person's or entity's own name.
(c) The court, after deducting the charges provided for in 46-18-236, may pay the private person or entity a reasonable fee for collecting the fine portion of a judgment. The fee incurred by the court must be added to the fine portion of the judgment amount.
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Montana | Mont. Code Ann. § 17-4-103 | Collection of claims by department |
The department [of revenue] may examine the collection of money due an agency and institute suits: (i) in its name for official delinquencies in relation to the assessment, collection, and + See morepayment of the revenue; (ii) against persons who possess public money or property and fail to pay over or deliver the money or property; and (iii) against debtors of the agencies.
The courts of the county where the seat of government is located have jurisdiction, without regard to the residence of the defendants, over the collection suits authorized by this section.
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Montana | Mont. Code Ann. § 46-18-241 | Condition of restitution |
The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the + See moreperiod following state supervision or state custody of the offender.
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Montana | Mont. Code Ann. § 46-18-241 | Condition of restitution |
The department may contract with a government agency or private entity for the collection of the payments for restitution and the cost of collecting the payments for restitution during the + See moreperiod following state supervision or state custody of the offender.
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New Mexico | N.M. Stat. Ann. § 35-15-12 | Fines and forfeitures in justice court [magistrate court]; collections go to municipal treasury |
Justices of the peace [magistrates] in municipalities of the state of New Mexico, when sitting as municipal judges, shall turn into [in to] the municipality all fines collected for the violation of such municipal ordinances and all moneys collected from forfeited bonds or recognizances in such justice of the peace courts [magistrate courts] when being held as municipal courts shall be turned into [in to] the municipality.
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New Mexico | N.M. Stat. Ann. § 31-16-7 | Recovery from defendant |
A. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under the Indigent Defense Act:(1) to which he was not entitled; (2) with respect to which he was not a needy person when he received it; or (3) with respect to which he has failed to make the certificate required by Section 62 B of the Indigent Defense Act and for which he refuses to pay. Suit must be brought within six years after the date on which the aid was received.
B. The district attorney may, on behalf of the state, recover payment or reimbursement, as the case may be, from each person other than a person covered by Subsection A who has received legal assistance under the Indigent Defense Act and who, on the date on which suit is brought, is financially able to pay or reimburse the state for it according to the standards of ability to pay applicable under the Indigent Defense Act but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. C. Amounts recovered under this section shall be paid to the state treasurer for credit to the state general fund. |
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New Mexico | N.M. Stat. Ann.§ 34-8A-13 | Collection of fines, fees or costs |
A judgment and sentence issued by the Bernalillo county metropolitan court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned by the court to a public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business.
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New Mexico | N.M. Stat. Ann.§ 35-6-6 | Collection of fines, fees or costs |
A judgment and sentence issued by a magistrate court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned by the court to a public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business.
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