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.
25 Results
| State | Statute | Description/Statute Name | Statutory language | |
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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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Hawaii | Haw. Rev. Stat. 706-641 | Criteria for imposing fines |
(1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, except in misdemeanor and petty misdemeanor cases. (2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless: (a) The defendant has derived a pecuniary gain from the crime; or (b) The court is of the opinion that a fine is specially adapted to the deterrence of the crime involved or to the correction of the defendant.
(3) The court shall not sentence a defendant to pay a fine unless: (a) The defendant is or will be able to pay the fine; and (b) The fine will not prevent the defendant from making restitution to the victim of the offense. (4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. |
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Hawaii | Haw. Rev. Stat. 601-17.5 | Collection of delinquent court-ordered payments |
The judiciary may contract with a collection agency bonded under chapter 443B or with a licensed attorney to collect any delinquent court-ordered penalties, fines, restitution, sanctions, and court costs, including juvenile monetary assessments. Any fees or costs associated with the collection efforts shall be added to the amount due and retained by the collection agency as its payment; provided that no fees or costs shall exceed fifty per cent of the amount collected.
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Hawaii | Haw. Rev. Stat. § 706-642 | Time and method of payment |
(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith by cash, check, or by a credit card approved by the court.
(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation. (3) When a defendant sentenced to pay a fine is also ordered to make restitution or reparation to the victim or victims, or to the person or party who has incurred loss or damage because of the defendant's crime, the payment of restitution or reparation shall have priority over the payment of the fine, pursuant to section 706-651. No fine shall be collected until the restitution or reparation order has been satisfied. |
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Kentucky | Ky. Rev. Stat. Ann. § 532.032(1),(5) | Restitution |
(1) Restitution to a named victim, if there is a named victim, shall be ordered in a manner consistent, insofar as possible, with the provisions of this section and KRS 439.563, 532.033, 533.020, and 533.030 in addition to any other part of the penalty for any offense under this chapter. The provisions of this section shall not be subject to suspension or nonimposition.
(5) Restitution payments ordered under this section shall be paid by the defendant to the clerk or a court-authorized program run by the county attorney or the Commonwealth's attorney of the county. |
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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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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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