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.
Every law can be saved to the Reform Builder
See conflicts of interest policy recommendations in CJPP’s Policy Guide
Who may collect
Below are the collections infrastructure provisions that meet your search criteria.
22 Results
| State | Statute | Description/Statute Name | Statutory language | |
|---|---|---|---|---|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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. |
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
North Carolina | N.C. Gen. Stat. Ann § 7A-321(b)(2) | Collection of offender fines and fees assessed by the court; collection assistance fee |
(b) In attempting to collect the fines, fees, costs, and restitution owed by offenders not sentenced to supervised probation or active time, the Administrative Office of the Courts may do the following: . . . (2) Enter into contracts with a collection agency, agencies, or municipal or county government agencies to collect unpaid amounts owed. The Administrative Office of the Courts may provide by such contract for the collection assistance fee to be retained by the agency or agencies that collect the amounts owed.
|
|
Add to Dashboard
|
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 . . .
|
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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. |
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
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. |
|
Add to Dashboard
|
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.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 244.18 Subd. 3 | Local Correctional Fees; Imposition on Offenders; fee collection |
The chief executive officer of a local correctional agency may impose and collect local correctional fees. The local correctional agency may collect the fee at any time while the offender + See moreis under sentence or after the sentence has been discharged. A local probation and parole agency established under section 244.19 or community corrections agency established undersection 401.02 may not impose a fee under this section if the offender is supervised by the commissioner of corrections and the commissioner of corrections imposes and collects a fee under section 241.272. The agency may use any available civil means of debt collection in collecting a local correctional fee.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 480.15 Subd. 10(c) | Powers and duties; Uniform collections policies and procedures for courts |
The state court administrator under the direction of the Judicial Council may promulgate uniform collections policies and procedures for the courts and may contract with credit bureaus, public and private + See morecollection agencies, the Department of Revenue, and other public or private entities providing collection services as necessary for the collection of court debts. The court collection process and procedures are not subject to section 16A.1285. Court debts referred to the Department of Revenue for collection are not subject to section 16D.07.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 241.08 Subd. 1 | Money of inmates of correctional institutions; Commissioner custodian of money |
The chief executive officer of each institution under the jurisdiction of the commissioner of corrections shall have the care and custody of all money belonging to inmates thereof which may + See morecome into the chief executive officer's hands, keep accurate accounts thereof, and pay them out under rules prescribed by law under section 243.23, subdivision 3, or by the commissioner of corrections, taking vouchers therefor. All such money received by any officer or employee shall be paid to the chief executive officer forthwith. Every such executive officer, at the close of each month, or oftener if required by the commissioner, shall forward to the commissioner a statement of the amount of all money so received and the names of the inmates from whom received, accompanied by a check for the amount, payable to the commissioner of management and budget. On receipt of such statement, the commissioner shall transmit the same to the commissioner of management and budget, together with such check. Upon the payment of such check, the amount shall be credited to a fund to be known as “Correctional Inmates Fund,” for the institution from which the same was received. All such funds shall be paid out by the commissioner of management and budget upon vouchers duly approved by the commissioner of corrections as in other cases. The commissioner may permit a contingent fund to remain in the hands of the executive officer of any such institution from which necessary expenditure may from time to time be made.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 244.16 Subd. 2 | Day-fines; components |
A day-fine system adopted under this section must provide for a two-step sentencing procedure for those receiving a fine as part of a probationary felony, gross misdemeanor, or misdemeanor sentence. + See moreIn the first step, the court determines how many punishment points a person will receive, taking into account the severity of the offense and the criminal history of the offender. The second step is to multiply the punishment points by a factor that accounts for the offender's financial circumstances. The goal of the system is to provide a fine that is proportional to the seriousness of the offense and largely equal in impact among offenders with different financial circumstances. The system may provide for community service in lieu of fines for offenders whose means are so limited that the payment of a fine would be unlikely.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 357.24 | Criminal cases |
Witnesses for the state in criminal cases and witnesses attending on behalf of any defendant represented by a public defender or an attorney performing public defense work for a public + See moredefense corporation under section 611.216, shall receive the same fees for travel and attendance as provided in section 357.22. Judges also may allow like fees to witnesses attending in behalf of any other defendant. In addition these witnesses shall receive reasonable expenses actually incurred for meals, loss of wages and child care, not to exceed $60 per day. When a defendant is represented by a public defender or an attorney performing public defense work for a public defense corporation under section 611.216, neither the defendant nor the public defender shall be charged for any subpoena fees or for service of subpoenas by a public official. The compensation and reimbursement shall be paid out of the county treasury.
|
|
Add to Dashboard
|
Minnesota | M.S.A. § 357.09 Subd. 1 | Sheriffs; Activities for which fees set |
Fees set under subdivision 8 shall be charged and collected by the sheriff for:
(1) serving a summons, warrant, writ, subpoena, or any process issued by a court of record, for + See moreeach defendant served and mileage;
(2) taking and approving a bond, and for a certified copy;
(3) collection on execution after levy;
(4) posting three notices of sale;
(5) certificate of sale of real estate; a copy when requested;
(6) selling land on foreclosure of a mortgage, for all services required, including executing a certificate of sale; postponing such a sale;
(7) making diligent search and inquiry and returning a summons when defendants cannot be found;
(8) returning an execution unsatisfied when no service is made;
(9) receiving and paying over money paid on redemption of property and executing a certificate, to be collected from the person redeeming;
(10) securing and safely keeping property in replevin or attachment or on execution;
(11) for services not herein enumerated, if provided by the county board;
(12) for all process when no charge is made for service of a return of not found or unsatisfied.
|