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Below are the collections infrastructure provisions that meet your search criteria.
18 Results
State | Statute | Description/Statute Name | Statutory language | |
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Arizona | Ariz. Rev. Stat. Ann. § 22-405 | Collection of Fines |
A. A municipal court may enforce the collection of monies owed to the municipal court for delinquent fines, fees, sanctions, penalties and restitution through execution or another appropriate process. The action shall be filed in the municipal court and shall be conducted in the same manner as civil actions in justice courts.
B. A peace officer may serve writs or other process that are issued pursuant to this section. The peace officer shall abide by the procedure for service of process that is established by court rule. |
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Arizona | Ariz. Rev. Stat. Ann. § 12-255 | Private enterprise probation services |
Nothing in this article prevents a presiding judge of the superior court in a county from entering into agreements with private enterprises to provide supervision and counseling services for persons placed on probation in the county.
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Arizona | Ariz. Rev. Stat. Ann. §12-116.03 | Collection agencies |
A court may contract with public agencies or private entities to assist in collecting fines, fees, penalties, costs, surcharges, restitution and assessments that remain unpaid. The court may add to any underlying amount owed reasonable costs charged by the contracting agency or entity.
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Arizona | Ariz. Rev. Stat. Ann. § 28-1631 | Traffic ticket enforcement assistance program; establishment |
A. The department shall establish procedures to:1. Assist the courts and political subdivisions of this state to collect delinquent monetary obligations imposed for violations of title 5, chapter 31 and for civil and criminal traffic violations. 2. Assist in the enforcement of criminal traffic failure to appear offenses. B. The program established by this article shall not include collection of delinquent parking tickets.
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Arizona | Ariz. Code of Jud. Admin. Part 5, Ch. 2, § 5-205(D)-(G) | Collections |
D. Administration. The AOC shall oversee the FARE program including: 1. Provision of local collection services to include: reminder notices, web and telephone based credit and debit card payment options, delinquency notices, installment payment plan services, referral to the DSO/TIP program, referral to the TTEAP program, electronic skip tracing, case record data enhancement, and advanced collection services including credit bureau reporting, skip tracing, outbound calling, and wage garnishment when authorized by the court. 2. Processing of existing delinquent court cases. 3. Provision of staff support for the FARE Advisory Committee established by Administrative Order No. 2007-39. 4. Managing and directing of the FARE vendor in the provision of contracted services including all current and future program maintenance and enhancement. 5. Administering the DSO/TIP program. 6. Preparing fiscal projections and creating a budget based on those projections to fund the FARE and DSO/TIP programs. 7. Establishing a FARE fee schedule to provide for the services of the FARE and DSO/TIP programs. 8. Administering the FARE fund and expending revenues in the fund to pay the operational expenses incurred in the FARE and DSO/TIP programs. 9. Recommending allocation of excess FARE revenues in the FARE fund to the Arizona Judicial Council (AJC). 10. Maintaining operational oversight over all FARE and DSO/TIP software. 11. Maintaining oversight of data interface with the FARE vendor, the Motor Vehicle Division (MVD) the Department of Revenue (DOR) and the Arizona Lottery (AZL). 12. Overseeing the receipt of moneys from the DOR and AZL in response to finalized court claims and shall distribute those monies to the courts proportionately to the court claims processed. 13. Providing user training for the FARE and DSO/TIP programs to the courts. 14. Assisting the courts in resolving identity and data related discrepancies between the courts, the FARE vendor, MVD, DOR and AZL. 15. Ensuring connectivity between the FARE vendor, the administrative office, MVD and the local courts. The AOC shall also ensure connectivity between the administrative office and DOR.
E. General Provisions for FARE Participants. FARE participants shall: 1. Comply with the business and technical specifications established by the FARE court pioneers, available on the FARE web site. 2. Submit a court participation information form to the AOC on forms provided by the AOC when preparing to join the FARE program. 3. Be responsible for entering all applicable data into the case management system. 4. Be responsible for receipting all payments into the case management system. 5. Establish an account with a financial institution for the acceptance of funds received from Internet and telephone payments. 6. Refer all delinquent cases to the FARE vendor for special collection services, unless the court has an approved local collection plan and these cases are assigned to a vendor pursuant to the plan. The AOC shall determine which delinquent debt qualifies for special collection services according to criteria established by the AOC. 7. Transmit all FARE fees through the city or county treasurer, as appropriate, to the state treasurer. All fees collected/accumulated during the previous month shall be transmitted to the state treasurer by the fifteenth of the succeeding month. F. General Provisions for DSO/TIP Participants. DSO/TIP participants shall: 1. Submit a DSO/TIP participant’s agreement in the form provided by the AOC. 2. Ensure that all social security number, case, person, and balance information submitted to the DSO/TIP program has been reviewed for accuracy and shall make all necessary corrections to ensure accurate and complete data is submitted timely. 3. Review interceptions by the DOR for validity within ten days of receipt. Erroneous interceptions shall be released immediately. DSO/TIP participants are responsible for all applicable DOR fees, penalties and interest per A.R.S. § 42-1122(O). 4. Finalize all interceptions within 30 days of receipt from DOR. DSO/TIP participants that do not comply with the 30-day finalization limit shall refund to the debtor any applicable DOR fees, penalties and interest incurred. 5. Receipt all valid interceptions into the case management system. 6. Remit to the AOC the DOR intercept fees upon receipt of the fee invoice. G. Local Collection Services. 1. Courts planning expansion of existing collection services, independent of or separate from the FARE program, shall submit such plan to the AJC for approval prior to proceeding with development and implementation. 2. Courts that did not have collection services prior to August 12, 2003, shall not develop a program or contract with a private vendor for collection services without approval of the plan by the AJC. 3. Courts planning development or expansion of a collection program shall provide the AJC a report that describes the following information, at a minimum: a. A comparison of the court’s existing collection program (if any) versus expansion. b. Consistency of the local court plan with the goals of FARE. c. Replication of the current services offered by FARE. d. Replication of future services planned for FARE. 5 e. Ability of FARE to timely provide the needed services. f. Time line for implementation of the local court plan. g. Impact of subsequent transition of the court to FARE. h. Resource investment (personnel and financial) to implement the local court program. i. Efficiency of resources of local court plan. j. Opportunity for the FARE vendor to compete with other vendors for the court’s collection services needs. k. Compare the local court plan cost of collection with FARE. 4. Approval of court development or expansion plans is delegated to the administrative director in periods between AJC meetings |
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Arkansas | Ark. Code Ann. § 5-4-204 | Collection After Default |
(a) When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected by any means authorized for the enforcement of a money judgment in a civil action. (b) A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.
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Arkansas | Ark. Code Ann. § 16-13-709(a)(1)(A) | Responsibility for Collection |
(i) The quorum court of each county of the state shall designate a county official, agency, or department which shall be primarily responsible for the collection of fines assessed in the circuit courts of this state.(ii) All fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of Justice Fund, the county administration of justice fund, and the appropriate county fund, state entity, or state agency as provided by law.
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Arkansas | Ark. Code Ann. § 16-13-709(a)(1)(A)(iii) | Responsibility for Collection |
The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. |
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Arkansas | Ark. Code Ann. § 16-13-709(a)(1)(B)-(C) | Responsibility for Collection |
(B)(i) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor.(ii) The contractor may receive, under a written contract, a commission on delinquent fines collected for circuit court. (C)(i) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (ii) The court shall credit the defendant with the gross amount remitted to the private contractor. (iii) The private contractor shall remit the gross amounts collected to the county official, agency, or department designated under subdivision (a)(1)(A) of this section on at least a monthly basis.
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Arkansas | Ark. Code Ann. § 16-13-709(a)(2)(A) | Responsibility for Collection |
(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court shall designate a county, town, or city official, agency, or department who shall be primarily responsible for the collection of fines assessed in the district courts of this state.(ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707.
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Arkansas | Ark. Code Ann. § 16-13-709(a)(2)(B) | Responsibility for Collection |
The chief of police of the town or city in which a district court is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in district court.
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Arkansas | Ark. Code Ann. § 16-13-709(a)(2)(C) | Responsibility for Collection |
(i) The governing body or, if applicable, each governing body of a political subdivision which contributes to the expenses of a district court may delegate the responsibility for the collection of delinquent fines assessed in district court to a private contractor.(ii) The contractor may receive under a written contract a commission on delinquent fines collected for district court. (iii) The commission agreed to be received by the private contractor shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount remitted to the private contractor. (v) The private contractor shall remit the gross amount collected to the county, town, or city official, agency, or department designated under subdivision (a)(2)(A) of this section on a monthly basis. (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the expenses of a district court in proportion to the gross amount of fines collected for that political subdivision. (vii) Payment of the commission shall be according to accounting procedures prescribed by law. (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209, 16-10-308, and 16-17-707.
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Oregon | Or. Rev. Stat. § 5.125 | Collection by state courts |
In the county court there shall be charged and collected in advance by the county clerk as clerk of the court, for the benefit of the county, the following fees, and no more, for the following purposes and services . . .
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Oregon | Or. Rev. Stat. § 137.450 | Enforcement of money judgment in criminal action |
A judgment against the defendant or complainant in a criminal action, so far as it requires the payment of a fine, fee, assessment, costs and disbursements of the action or restitution, may be enforced as a judgment in a civil action.
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Oregon | Or. Rev. Stat. § 137.118(1)-(2) | Assignment of judgments for collection of monetary obligation; costs of collection. [Effective January 1, 2020] |
(1) Judgments in criminal actions that impose monetary obligations, including judgments requiring the payment of fines, costs, assessments, compensatory fines, attorney fees, forfeitures or restitution, may be assigned by the state, by a municipal court or by a justice court for collection.
(2) (a) The state may assign a judgment to the Department of Revenue or a private collection agency. (b) A justice court may assign a judgment to a private collection agency or, in a criminal action, to the Department of Revenue for the purposes described in ORS 156.315. (c) A municipal court may assign a judgment to: (A) A private collection agency; or (B) The Department of Revenue for the purposes described in subsections (6) to (8) of this section, if the judgment was entered in a criminal action and part of the judgment is payable to the State of Oregon. (d) Nothing in this subsection limits the right of a municipal court or a justice court to assign for collection judgments in matters other than criminal actions. |
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Oregon | Or. Rev. Stat. § 1.202 | Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection. |
(1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not less than $ 50 and not more than $ 200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.
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Oregon | Or. Rev. Stat. § 305.830 | Collection of fines, penalties and forfeitures; disbursement; cost of collection |
(1) Amounts transferred to the Department of Revenue by justice and municipal courts under ORS 153.633, 153.645, 153.650 and 153.657 shall be deposited in a suspense account established under ORS 293.445 for the purpose of receiving criminal fines and assessments.
(2) In carrying out its duties under this section, the Department of Revenue shall have access to the records and dockets of those courts charged with the duty to transfer moneys to the department under ORS 153.633, 153.645, 153.650 and 153.657. (3) The Department of Revenue may retain from the funds transferred under ORS 153.633, 153.645, 153.650 and 153.657 an amount not to exceed two percent annually for its actual costs of collection and disbursement of funds under this section, including the cost of all examinations, investigations and searches, and of all traveling and other expenses in connection therewith. The department shall deposit the net amount of moneys in the suspense account described in subsection (1) of this section into the Criminal Fine Account. (4) All judicial, municipal and county officers shall cooperate with the Department of Revenue with respect to the collections, searches and investigations and shall furnish the Department of Revenue with any information contained in any of the records under their respective custodies relating thereto. (5) The Department of State Police shall cooperate in the investigation of fines, penalties and forfeitures. |
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Oregon | Or. Rev. Stat. § 156.310 | Payment of fines and costs |
If the fine and costs, or any part thereof, are paid before commitment, they shall be paid to the justice. Thereafter they shall be paid to the officer in whose custody the defendant is at the time of the payment, which officer shall immediately pay the same to the justice.
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