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.
21 Results
| State | Statute | Description/Statute Name | Statutory language | |
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California | Cal. Pen. Code § 1205(e) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).
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California | Cal. Pen. Code § 1214.1(a) | Civil assessment for failure to appear; Collection |
In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code.
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California | Cal. Pen. Code § 1205 | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection.(e) The defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account. The defendant shall pay to the clerk of the court or the collecting agency the fee established for the processing of the accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors, or by the court, depending on which entity administers the account, except that the fee shall not exceed thirty dollars ($30).
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California | Cal. Pen. Code § 1463.007(b)-(c) | Proceedings in Misdemeanor and Infraction Cases: Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program . . . . (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: ... (4) The program engages in at least five of the following activities: ... (D) Contracts with one or more private debt collectors to collect delinquent debt.
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California | Cal. Pen. Code § 1205(b), (d) | Judgment imposing fine; Imprisonment pending payment; Default; Fee for processing accounts receivable; Limitation |
(b) Except as otherwise provided in case of fines imposed, as a condition of probation, the defendant shall pay the fine to the clerk of the court, or to the judge if there is no clerk, unless the defendant is taken into custody for nonpayment of the fine, in which event payments made while he or she is in custody shall be made to the officer who holds the defendant in custody, and all amounts paid shall be paid over by the officer to the court that rendered the judgment. The clerk shall report to the court every default in payment of a fine or any part of that fine, or if there is no clerk, the court shall take notice of the default . . . .
(d) Nothing in this section shall be construed to prohibit the clerk of the court, or the judge if there is no clerk, from turning these accounts over to another county department or a collecting agency for processing and collection. |
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California | Cal. Rev. & Tax. Code § 19280 | Referral of certain fines, penalties, bail, forfeitures, and restitution orders to Franchise Tax Board for collection; Interest; Applicability of specified provisions |
Fines, state or local penalties, bail, forfeitures, restitution fines, restitution orders, or any other amounts imposed by a juvenile or superior court of the State of California upon a person or any other entity that are due and payable in an amount totaling no less than one hundred dollars ($100), in the aggregate, for criminal offenses, including all offenses involving a violation of the Vehicle Code, and any amounts due pursuant to Section 903.1 of the Welfare and Institutions Code may, no sooner than 90 days after payment of that amount becomes delinquent, be referred by the juvenile or superior court, the county, or the state to the Franchise Tax Board for collection under guidelines prescribed by the Franchise Tax Board.
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California | Cal. Gov. Code § 27752 | Authority of officer; Collection of moneys |
A county financial evaluation officer is authorized to make financial evaluations and collect moneys pursuant to Section 3112 of the Family Code; Sections 987.4, 987.8, 1203, 1203.1, 1203.1b, 1203.1c, 1203.1e, 1205, and 1209 of the Penal Code; and Sections 353, 353.5, 376, 700, 727, 751, 903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions Code.
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California | Cal. Pen. Code § 1463.007 | Deduction and deposit of cost of comprehensive collection program; Minimum amount for inclusion; When debt is delinquent and subject to collection; Conditions |
(a) Notwithstanding any other law, a county or court that operates a comprehensive collection program may deduct the costs of operating that program, excluding capital expenditures, from any revenues collected under that program. The costs shall be deducted before any distribution of revenues to other governmental entities required by any other law. A county or court operating a comprehensive collection program may establish a minimum base fee, fine, forfeiture, penalty, or assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent and may be subject to collection by a comprehensive collection program. Debt is delinquent and subject to collection by a comprehensive collection program if any of the following conditions is met: (1) A defendant does not post bail or appear on or before the date on which he or she promised to appear, or any lawful continuance of that date, if that defendant was eligible to post and forfeit bail. (2) A defendant does not pay the amount imposed by the court on or before the date ordered by the court, or any lawful continuance of that date. (3) A defendant has failed to make an installment payment on the date specified by the court. (c) For the purposes of this section, a “comprehensive collection program” is a separate and distinct revenue collection activity that meets each of the following criteria: (1) The program identifies and collects amounts arising from delinquent court-ordered debt, whether or not a warrant has been issued against the alleged violator. (2) The program complies with the requirements of subdivision (b) of Section 1463.010. (3) The program engages in each of the following activities: (A) Attempts telephone contact with delinquent debtors for whom the program has a telephone number to inform them of their delinquent status and payment options. (B) Notifies delinquent debtors for whom the program has an address in writing of their outstanding obligation within 95 days of delinquency. (C) Generates internal monthly reports to track collections data, such as age of debt and delinquent amounts outstanding. (D) Uses Department of Motor Vehicles information to locate delinquent debtors. (E) Accepts payment of delinquent debt by credit card. (4) The program engages in at least five of the following activities: (A) Sends delinquent debt to the Franchise Tax Board’s Court-Ordered Debt Collections Program. (B) Sends delinquent debt to the Franchise Tax Board’s Interagency Intercept Collections Program. (C) Initiates driver’s license suspension or hold actions when appropriate for a failure to appear in court. (D) Contracts with one or more private debt collectors to collect delinquent debt. (E) Sends monthly bills or account statements to all delinquent debtors. (F) Contracts with local, regional, state, or national skip tracing or locator resources or services to locate delinquent debtors. (G) Coordinates with the probation department to locate debtors who may be on formal or informal probation. (H) Uses Employment Development Department employment and wage information to collect delinquent debt. (I) Establishes wage and bank account garnishments where appropriate. (J) Places liens on real property owned by delinquent debtors when appropriate. (K) Uses an automated dialer or automatic call distribution system to manage telephone calls. |
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New Hampshire | N.H. Rev. Stat. Ann. § 616:4 | Right of Town |
If part of a penalty or forfeiture is payable to a town, corporation or board of public officers, they shall have the same rights in relation to such action and penalty as the county has in the cases aforesaid.
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New Hampshire | N.H. Rev. Stat. Ann. § 616:1 | Jurisdiction |
Any penalty or forfeiture of money may be recovered by action of debt before a justice if it does not exceed $13.33, before a municipal court if it does not exceed $100, and before the superior court in other cases.
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New Hampshire | N.H. Rev. Stat. Ann. § 616:5 | Powers of Selectmen |
Whenever a penalty or forfeiture or any part thereof is given to a town, the selectmen may sue therefor in the name of the town, shall defray the expenses of the action and may remit the penalty or forfeiture.
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New Hampshire | N.H. Rev. Stat. § 504-A:12(VI) | Powers and Duties of Probation or Parole Officers |
The powers and duties of probation or parole officers shall be: VI. To collect or to supervise the collection of any fees, fines, or restitution payments ordered and to administratively process these funds under rules adopted under RSA 541-A by the commissioner.
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New Hampshire | N.H. Rev. Stat. § 604-A:9(VII) | Adequate Representation for Indigent Defendants in Criminal Cases: Repayment |
The commissioner of administrative services, with the approval of governor and council, is authorized to enter into contracts to secure the repayment of fees and expenses paid by the state as provided for in this section. Any person or entity with whom the commissioner so contracts may bring any legal or equitable action authorized by law, including any petition authorized by this section, to secure an order for repayment, or repayment pursuant to any order, of fees and expenses paid by the state which are recoverable by the state under this section. The contract or contracts authorized by this paragraph may include provisions by which the contractor may, as consideration in whole or in part for services, receive a percentage of the amounts recovered on behalf of the state.
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New Hampshire | N.H. Rev. Stat. Ann. § 502-A:19-b | Pleas by Mail; Procedure |
Fines and fees owed pursuant to this section may be paid through the bail commissioner or court by credit card in accordance with procedures set forth by the district court administrative judge, or through the division of motor vehicles by credit card in accordance with procedures established by the director of the division of motor vehicles.
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New Hampshire | N.H. Rev. Stat. Ann. § 618:3 | Fines, to Whom Paid |
No fines or other money belonging to a county shall be paid to the county attorney; but when imposed or recovered in the superior court they shall be paid to the clerk of court or to the sheriff having a precept therefor.
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New Hampshire | N.H. Rev. Stat. Ann. § 651:63(V) | Restitution Authorized |
When restitution is ordered to be paid through the department of corrections, division of field services, the court shall add 17 percent to the total restitution payment as an administrative fee to be paid by the offender. Such administrative fee shall be divided into the following components, to be designated as follows: 15 percent shall be continually appropriated to a special fund for the division of field services, department of corrections, $22,500 of which shall lapse to the general fund at the end of each quarter should that amount be received, to maximize restitution collections, directly or through agents of contractors selected by the department; and 2 percent for the victims' assistance fund. Unexpended account balances in the special fund for the division of field services in excess of $50,000 at the end of the fiscal year shall lapse to the general fund. Administrative fees shall be paid by the offender in addition to and when each restitution payment is made.
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New Hampshire | N.H. Rev. Stat. Ann. § 502-A:8(II) | Duties of Clerks; Disposition of Fines |
Nothing in this section shall prevent the court from transferring the collection of fines to a centralized location. Any fines collected by the central location shall be distributed as indicated in paragraph I. References to duties and responsibilities of clerks contained in paragraph I shall be deemed to include the central fine collection center as appropriate.
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New Hampshire | N.H. Rev. Stat. Ann. § 499:9 | Executions for Fines, Etc. |
At or before the close of each term of the court, the clerk shall deliver to the sheriff proper executions, warrants or other processes for the collection of fines, costs or other money accruing to the state during the term, and transmit a list thereof to the supreme court.
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New Hampshire | N.H. Rev. Stat. Ann. § 618:3-a | Payment of Fines |
All fines, except parking fines or except as otherwise specifically provided by law, shall be paid to the clerk of the court imposing the fine. |
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New Hampshire | N.H. Rev. Stat. Ann. § 699:18(I)-(II) | Superior Court Fees. |
I. Fees as established by the supreme court under RSA 490:26-a shall be paid to the clerk of the superior court for the benefit of the state. established by the supreme court under RSA 490:26-a shall be paid to the clerk of the applicable circuit court established in RSA 490-F for the benefit of the state. The clerk shall set aside 6 percent of each entry fee paid into the court for deposit into a special escrow account established under RSA 490:26-c and 30 percent of each entry fee paid into the court for deposit into the judicial branch information technology fund established under RSA 490:26-h. The proceeds of fees for motions to appear in court pro hac vice shall be paid into the law library revolving fund established in RSA 490:25, III."
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