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Below are the collections infrastructure provisions that meet your search criteria.
16 Results
State | Statute | Description/Statute Name | Statutory language | |
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Alabama | ARJA Rule 38 | Contract with private collectors |
The administrative director of courts (ADC) may contract with any collection agent or agencies for the collection of any assessments, costs, fees, fines, or forfeitures that are due to be + See morepaid to the state, county, or municipal governments or to any agency or subdivision of these governments as a result of any court action or proceedings.The ADC may enter into one contract applicable to all jurisdictions or may enter into a contract or contracts applicable to one or more jurisdictions.
No contract for the collection of assessments, costs, fees, fines, or forfeitures pursuant to this rule shall permit the collection agent or agency to receive a commission in excess of 30 percent of the amount collected. When only a portion of any assessment, cost, fee, fine, or forfeiture is collected pursuant to this rule, the commission shall be deducted pro rata from the amount due to be paid to each governmental entity (state, county, or municipal government or any agency or subdivision of these governments) entitled to a portion of the amount collected.
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Alabama | Ala.Code 1975 § 12-5-10 | Responsibilities of the court |
In addition to any other duties and responsibilities that may be assigned to the Administrative Director of Courts by the Chief Justice, he shall have the following duties and authority + See morewith respect to all courts, subject to the direction of the Chief Justice: (12) To take necessary steps in the collection of unpaid court costs, fines and forfeitures;
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Alabama | Ala.Code 1975 § 12-17-225.1 | Restitution recovery division |
Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty + See morepayments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
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Alabama | Ala.Code 1975 § 15-18-64(a) | Court jurisdiction over collection |
In every instance, the court shall retain jurisdiction of any person who reaches the end of his or her sentence, received a termination of supervised or unsupervised parole or supervised or unsupervised probation, or in any way has completed all terms of his or her sentence or incarceration pursuant to Act 2015-185 or any other provision of law for the purposes of the enforcement of a court order related to uncollected court-ordered fines, fees, costs, or restitution, pursuant to Division 4 of Article 6 of Chapter 17 of Title 12 and Article 4A of Chapter 18 of this title.
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Delaware | 11 Del. C. § 9006 | Function of the Agency |
The Agency, subject to the approval of the Department of Justice, shall have the following functions, powers and duties: ...(8) To reimburse other governmental agencies pursuant to this chapter for emergency awards to victims, secondary victims, or claimants;(9) To recover through reimbursement by the criminal defendant the full amount of compensation paid to victims of crimes committed by the defendant; (10) To recover through reimbursement from victims, claimants, and their dependents funds received from other sources of payment, as set forth herein
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Delaware | 11 Del. C. § 9014(a) | Recovery From the Criminal |
Whenever any person is convicted of an offense and a payment of compensation is, or has been, made under this chapter for a personal injury or death resulting from the act constituting such offense, the State may institute an action against such person for the recovery of the whole or any specified part of the compensation in any Superior Court within the State, or in any other court, either state or federal, if such court has custody or control of funds of the criminal or which may be awarded to the criminal. Any amounts recovered under this section shall be deposited to the fund which finances the administration of this chapter.
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Delaware | 10 Del. C. § 9708 | Duties with Respect to Fees; Limitations on Fees |
The justice shall tax the fee for every service specified in this chapter. No other fee shall be allowed and no mileage shall be allowed unless it is expressly given. In no case shall a fee be charged for a service not performed; and every officer or person receiving a fee, shall, upon demand give a receipt specifying the items.
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Delaware | 11 Del. C. § 4101 | Payment of Fines, Costs and Restitution Upon Conviction |
Immediately upon imposition by a court, including a justice of the peace, of any sentence to pay a fine, costs, restitution or all 3, the same shall be a judgment against the convicted person for the full amount of the fine, costs, restitution or all 3, assessed by the sentence. Such judgment shall be immediately executable, enforceable and/or transferable by the State or by the victim to whom such restitution is ordered in the same manner as other judgments of the court.
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West Virginia | W. Va. Code § 59-1-29 | Collection of such fees |
Each clerk of the county commission, sheriff, clerk of the circuit court and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which are now or may hereafter be allowed by law. Whenever there remain due the county and unpaid, for a period of more than six months, any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of any kind, it shall be the duty of the county commission, or other tribunal in lieu thereof, by the prosecuting attorney, to proceed to the collection thereof in the circuit court or magistrate court, upon motion whereof the defendant and the sureties on his bond shall have at least twenty days’ notice, or in any other manner provided for by law, and the amount so collected shall be paid into the county treasury to the credit of the general county fund.
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West Virginia | W. Va. Code § 62-4-8 | Duties of prosecuting attorney in relation to fines |
It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court, or other court having jurisdiction thereof, as the case may be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the issuing of executions on judgments for fines rendered by such courts, and cause all delinquencies in relation to the service or return of such executions to be duly prosecuted. If judgment be rendered by the circuit or other court for a fine, whether with or without imprisonment, a docket fee of ten dollars for the prosecuting attorney’s services, but payable into the county treasury, shall be taxed in the costs against the offender.
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West Virginia | W. Va. Code § 62-4-4 | Recovery of fines before justice [magistrate] or in court |
Where a fine alone is imposed, if it be in a case mentioned in section one [§ 50-18-1, repealed], article eighteen, chapter fifty of this code, it may be recovered upon warrant of a justice [magistrate] having jurisdiction; and whether so mentioned or not, it may be recovered by presentment or indictment in the circuit court, or other court of record having jurisdiction in criminal cases, in the county wherein the offense was committed.
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West Virginia | W. Va. Code § 62-4-11 | Fieri facias for collection of fines |
On every judgment for a fine rendered by a circuit court, or other court of record having jurisdiction in criminal cases, if no special order be made by the court or judge, the clerk of the court shall issue a writ of fieri facias immediately after the term at which such judgment was rendered. And unless paid in court, a payment to any person other than the officer who holds the execution shall not discharge the judgment.
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West Virginia | W. Va. Code § 50-3-6 | Collection of costs and fines |
On motion of the prosecuting attorney, the magistrate court may issue execution or employ other means of enforcing judgment to collect fines and costs imposed in proceedings before the court and tax the cost thereof as a part of the execution or other process. Such execution or other process shall be directed to the sheriff for collection. The sheriff shall collect the fees prescribed for his services from the party from whom the fine or costs are being collected. Money so collected shall be paid by the sheriff to the magistrate court and shall be paid by the magistrate court in the manner provided by law.
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West Virginia | W. Va. Code § 59-1-21 | Fee bills of county clerk. |
The clerk of the county court may make out tickets for his fees and place them in the hands of the sheriff, or other officer, to be collected and accounted for in the same manner that the fees of the clerk of the circuit court are collected and accounted for. The clerk of the county court shall be subject to the same penalties as the clerk of the circuit court for issuing fee bills wrongfully.
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West Virginia | W. Va. Code § 59-1-24 | Collection of fees; receipt. |
Every officer mentioned in this article shall, on or before the first day of July in any year, deliver fee bills for all fees then due and unpaid, duly signed, to any sheriff or collector of the public taxes, who shall receive and endeavor to collect the same. A sheriff or collector may distrain therefor, or for any fee bills due himself, such property of the person to whom the fees are charged as might be levied on under a writ of fieri facias against him, except as hereinafter mentioned, and the fourteenth [§ 11-9-14], fifteenth [§ 11-9-15] and sixteenth [§ 11-9-16] sections of article nine chapter eleven of this Code shall apply to such fee bills in like manner as to taxes. Every such officer shall deliver to each person who pays him, or from whose property he makes such fees, a receipt for all that is so paid or made.
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West Virginia | W. Va. Code § 59-1-12 | Payment of fines by credit card or payment plan |
A circuit court may accept credit cards in payment of all fines, cost, forfeiture, restitution or penalties. The Supreme Court of Appeals shall adopt rules regarding the use of credit or check cards to pay fines, and any charges made by the credit card company may be paid from the gross credit card collections.
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