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Below are the collections infrastructure provisions that meet your search criteria.
81 Results
State | Statute | Description/Statute Name | Statutory language | |
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New Jersey | N.J. Stat. Ann. § 2A:158A-19 | Collection by public defenders |
The Public Defender in the name of the State shall do all things necessary and proper to collect all moneys due to the State by way of reimbursement for services + See morerendered pursuant to this act. He may enter into arrangements with one or more agencies of the State, including the comprehensive enforcement program established pursuant to the provisions of P.L.1995, c. 9 (C.2B:19-1 et seq.) or of the counties to handle said collections on a cost basis to the extent that such arrangements are calculated to simplify collection procedures. He shall have all the remedies and may take all of the proceedings for the collection thereof which may be had or taken for or upon the recovery of a judgment in a civil action and may institute and maintain any action or proceeding in the courts necessary therefor. In any such proceedings or action, the defendant may contest the value of the service rendered by the Public Defender.
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Michigan | Mich. Comp. Laws § 600.4841 | Collections; payment to county treasurer |
(1) All officers or other persons who collect or receive any moneys on account of any penalty shall pay over the same to the county treasurer on or before the + See morelast day of the month following.
(2) Upon learning that any person has neglected to pay over such moneys within such time, the county treasurer shall proceed in the circuit court for the county to collect such moneys.
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Ohio | Ohio Rev. Code § 2929.28(G)(1) | Financial sanctions |
(G) Each court imposing a financial sanction upon an offender under this section may designate the clerk of the court or another person to collect the financial sanction. The clerk, + See moreor another person authorized by law or the court to collect the financial sanction may do the following: (1) Enter into contracts with one or more public agencies or private vendors for the collection of amounts due under the sanction. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section, a court shall comply with sections 307.86 to 307.92 of the Revised Code.
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Ohio | Ohio Rev. Code § 2929.18(F) | Financial sanctions |
(F) Each court imposing a financial sanction upon an offender under this section or under section 2929.32 of the Revised Code may designate the clerk of the court or another + See moreperson to collect the financial sanction. The clerk or other person authorized by law or the court to collect the financial sanction may enter into contracts with one or more public agencies or private vendors for the collection of, amounts due under the financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code. Before entering into a contract for the collection of amounts due from an offender pursuant to any financial sanction imposed pursuant to this section or section 2929.32 of the Revised Code, a court shall comply with sections 307.86 to 307.92 of the Revised Code.
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Ohio | Ohio Rev. Code § 2152.20(E)(1) | Fines; costs; restitution; forfeitures |
(E) The clerk of the court, or another person authorized by law or by the court to collect a financial sanction imposed under this section, may do any of the + See morefollowing:(1) Enter into contracts with one or more public agencies or private vendors for the collection of the amounts due under the financial sanction, which amounts may include interest from the date of imposition of the financial sanction;
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Ohio | Ohio Rev. Code § 2152.20(E)(2) | Fines; costs; restitution; forfeitures |
(E) The clerk of the court, or another person authorized by law or by the court to collect a financial sanction imposed under this section, may do any of the + See morefollowing:. . . (2) Permit payment of all, or any portion of, the financial sanction in installments, by credit or debit card, by another type of electronic transfer, or by any other reasonable method, within any period of time, and on any terms that the court considers just, except that the maximum time permitted for payment shall not exceed five years. The clerk may pay any fee associated with processing an electronic transfer out of public money and may charge the fee to the delinquent child.
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North Dakota | N.D. Cent. Code § 54-23.3-04 | Director--Powers and duties |
The director of the department of corrections and rehabilitation has the following powers and duties: . . . 15. To collect costs and fees from persons on correctional supervision for + See morethe supervision services, control devices, and programs as implemented by the department to assist in making community corrections an effective alternative to incarceration. A person on active supervision is presumed able to pay assessed fees unless the director, giving due consideration to the fiscal obligations and resources of the probationer, determines otherwise. A person with the ability to pay assessed fees who refuses to pay must be returned to the court for a judicial determination. In addition to any other remedies allowed by law, the department may enforce and collect any unpaid supervision costs and fees imposed as a condition of parole, probation, or under a program implemented under this section in a civil judgment entered by a district court of this state and may employ licensed collection agencies to enforce and collect any unpaid supervision costs and fees. 16. To collect the costs of any presentence investigation and report incurred under subsection 11 of section 12.1-32-02, giving due consideration to the financial obligations and resources of the defendant.
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Louisiana | La. CCRP 886.A | Collection of judgment |
In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and + See moreif no appeal is pending, the court which imposed the sentence may sign a judgment against the defendant in a sum equal to the fine or restitution plus judicial interest to begin sixty days after the sentence was imposed plus all costs of the criminal proceeding and subsequent proceedings necessary to enforce the judgment in either civil or criminal court, or both. Collection of the judgment may be enforced in either criminal or civil court, or both, in the same manner as a money judgment in a civil case. In addition, particular courts may provide by court rule for enforcement by the filing of an offset claim against the defendant, in accordance with R.S. 47:299.1 through 299.20.
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South Carolina | S.C. Code Ann. § 14-1-202 | Authority to collect or compromise a court-ordered delinquent debt. |
(A) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, is authorized to collect any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or + See moreother amount imposed by a court or as a direct consequence of a court order.(B) The clerk of the appropriate court, or county treasurer or municipal treasurer, as appropriate, may compromise any fine, penalty, cost, fee, assessment, surcharge, service charge, restitution, or other amount imposed by a court or as a direct consequence of a court order to the extent necessary to collect these items. If a clerk or treasurer compromises an amount pursuant to this subsection, the proceeds representing the collected amount must be distributed pro rata to the entities that otherwise would have received the original amount.
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Alabama | Ala.Code 1975 § 12-17-225.1 | Restitution recovery division |
Any law to the contrary notwithstanding, each district attorney may establish a special division designated the “restitution recovery division” for the administration, collection, and enforcement of court costs, fines, penalty + See morepayments, victim compensation assessments, bail bond forfeitures, restitution, or like payments in civil or criminal proceedings ordered by the court and payable to the state or to crime victims, or judgements entered which have not been otherwise vacated, or judicial relief given from the operation of the order or judgement.
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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.
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New York | N.Y. Crim. Proc. § 420.10.1 | Collection of fines, restitution or reparation | When the court imposes a fine upon an individual, it shall designate the official other than the district attorney to whom payment is to be remitted. |
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Utah | Utah Code Ann. § 77-18-7 | Costs imposed on defendant--Restrictions |
Unless specifically authorized by statute, a defendant shall not be required to pay court costs in a criminal case either as a part of a sentence or as a condition + See moreof probation or dismissal.
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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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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 § 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. 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. 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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