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Below are the collections infrastructure provisions that meet your search criteria.
42 Results
State | Statute | Description/Statute Name | Statutory language | |
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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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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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Florida | Fla. Stat. §775.089(10)(a) | Definitions; General Penalties; Registration of Criminals: Restitution |
Any default in payment of restitution may be collected by any means authorized by law for enforcement of a judgment. |
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Illinois | 730 Ill. Comp. Stat. 5/5-9-3(e) | Fines: Default |
A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments
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Illinois | 730 Ill. Comp. Stat. 5/5-9-3(e) | Fines: Default |
The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof.
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Georgia | Ga. Code Ann. § 15-9-60(a) | Fees |
The judges or clerks of the probate courts of this state shall be entitled to charge and collect the sums enumerated in this Code section. |
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Georgia | Ga. Code Ann. § 15-21-113 | Assessment and Collection of Penalty; Payment to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Reports and Accounting |
The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board, to be deposited into the Georgia Crime Victims Emergency Fund. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Georgia | Ga. Code Ann. § 15-21-74 | Assessment and Collection of Penalties; Transfer of Payments to Georgia Superior Court Clerks' Cooperative Authority; Quarterly Accounting |
The sums provided for under paragraph (1) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The sums provided for under paragraph (2) of subsection (a) of Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following for remittance to the Office of the State Treasurer; provided, however, that if the local governing authority has an approved procedure to verify the applicant's income as set forth in Code Section 17-12-80, the court officer shall remit 50 percent of such funds to the Georgia Superior Court Clerks' Cooperative Authority, and the remaining 50 percent shall be remitted to the local governing authority and reported to the Georgia Superior Court Clerks' Cooperative Authority. The authority shall, on a quarterly basis, make a report and accounting of all funds collected and disbursed pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the House Budget and Research Office, and the Senate Budget and Evaluation Office no later than 60 days after the last day of the preceding quarter.
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Georgia | Ga. Code Ann. § 15-21-150 | Collection of Fines; Disposition of Moneys Collected |
The sums provided for in Code Section 15-21-149 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-143, to be deposited into the Brain and Spinal Injury Trust Fund.
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Georgia | Ga. Code Ann. § 15-21-101(a) | Collection of Fines and Authorized Expenditures of Funds from County Drug Abuse Treatment and Education Fund |
The sums provided for in Code Section 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located upon receipt of the fine and assessment if paid in full at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. Those sums paid over to the governing authority shall be deposited thereby into a special account to be known as the "County Drug Abuse Treatment and Education Fund."
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Georgia | Ga. Code Ann. § 15-21-94(a) | Assessment and Collection of Sums; Deposit Into County Jail Fund; Failure to Remit Sums |
The sums provided for in Code Section 15-21-93 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the county in which the court is located or, in the case of a municipality which has contracted for jail services, to the governing authority of the county with which the municipality has contracted by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the "county jail fund."
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Massachusetts | Mass. Gen. Laws ch. 280, § 14 | Commitment of Debtor — Payments. |
A person committed to a jail or house of correction in default of payment of a fine may pay it to the keeper of the jail or superintendent of the house of correction, and the warrant for his commitment shall designate the town where the offence for which the fine was imposed was committed and the uses to which such fine is payable by the officer receiving it.
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Idaho | Idaho code § 19-4707 | Designation of Other Than Clerk of Court to Collect Fines |
If it appears that there is a necessity that fines and forfeitures be initially collected by a person other than the clerk of the district court or a person appointed by the clerk for that purpose, the Supreme Court by rule or administrative order may provide for the designation of persons to receive such fines and forfeitures. Persons so designated shall account for such fines and forfeitures in the same manner required of the clerk of the district court and shall pay such fines and forfeitures to the clerk of the district court of the county in which such fines and forfeitures are collected.
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Missouri | Mo. Ann. Stat. § 552.08(2),(4) | Court costs, examination fees, care and treatment, transportation, how paid |
2. The expenses and fees provided in subsection 1 of this section may be levied and collected under execution; except that, if the state or county has by inadvertence or mistake paid expenses or fees as provided in subsection 1 of this section, the political entity having made such a mistake or inadvertent payment shall be entitled to recover the same from the entity responsible for such payment.
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Missouri | Mo. Ann. Stat. § 559.1(3) | Circuit courts, power to place on probation or parole--revocation--conditions--restitution |
Restitution, whether court-ordered as provided in subsection 2 of this section or agreed to by the parties, or as enforced under section 558.019, shall be paid through the office of the prosecuting attorney or circuit attorney. Nothing in this section shall prohibit the prosecuting attorney or circuit attorney from contracting with or utilizing another entity for the collection of restitution and costs under this section.
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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. § 616:5 | 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 Mexico | N.M. Stat. Ann. § 35-15-12 | Fines and forfeitures in justice court [magistrate court]; collections go to municipal treasury |
Justices of the peace [magistrates] in municipalities of the state of New Mexico, when sitting as municipal judges, shall turn into [in to] the municipality all fines collected for the violation of such municipal ordinances and all moneys collected from forfeited bonds or recognizances in such justice of the peace courts [magistrate courts] when being held as municipal courts shall be turned into [in to] the municipality.
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Washington | Wash. Rev. Code Ann. § 3.66.120 | Court-ordered restitution--Enforcement |
All court-ordered restitution obligations that are ordered as a result of a conviction for a criminal offense in a court of limited jurisdiction may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed. The judgment and sentence must identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment. All court-ordered restitution obligations may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer. Prior to the expiration of the initial ten-year period, the court may extend the criminal judgment an additional ten years for payment of court-ordered restitution only if the court finds that the offender has not made a good faith attempt to pay. The party or entity to whom the court-ordered restitution obligation is owed may utilize any other remedies available to the party or entity to collect the court-ordered financial obligation.
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Texas | Tex. Code Crim. Proc. Art. 103.025 | Alternative Payment Procedure for Certain Past Due Fines and Costs |
a) This article applies to a defendant's past due payment on a judgment for a fine and related court costs if a capias pro fine has been issued in the case.
(b) Notwithstanding any other provision of law, the court may adopt an alternative procedure for collecting a past due payment described by Subsection (a). Under the procedure, a peace officer who executes a capias pro fine or who is authorized to arrest a defendant on other grounds and knows that the defendant owes a past due payment described by Subsection (a): (1) shall inform the defendant of: (A) the possibility of making an immediate payment of the fine and related court costs by use of a credit or debit card; and (B) the defendant's available alternatives to making an immediate payment; and (2) may accept, on behalf of the court, the defendant's immediate payment of the fine and related court costs by use of a credit or debit card, after which the peace officer may release the defendant as appropriate based on the officer's authority for the arrest. (c) A peace officer accepting a payment under Subsection (b)(2) may also accept payment for fees for the issuance and execution of the capias pro fine. |