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.
35 Results
| State | Statute | Description/Statute Name | Statutory language | |
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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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Massachusetts | Mass. Gen. Laws ch. 279, § 1 | Suspended Sentences — Imprisonment. |
The fine shall be paid in one payment, or in part payments, to the probation officer, and when fully paid the order of commitment shall be void. The probation officer shall give a receipt for every payment so made, shall keep a record of the same, shall pay the fine, or all sums received in part payment thereof, to the sheriff if such fine is imposed in the superior court, or to the clerk of the court if such fine is imposed in the district court, at the end of the period of probation or any extension thereof, and shall keep on file the sheriff’s or clerk’s receipt therefor.
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Massachusetts | Mass. Gen. Laws ch. 279, § 1A | Suspended Sentences — Fines and Imprisonment. |
When a person convicted before a court is sentenced to fine and imprisonment, the court may direct that the execution of the sentence, or any part thereof, be suspended, and that he be placed on probation for such time and on such terms and conditions as it shall fix. The court may direct, as one of such terms and conditions, that payment of the fine may be made to the probation officer in one payment, or in part payments, during the period of probation or any extension thereof, and when such fine shall have been fully paid the order of commitment as to the fine shall be void, but the order of commitment as to imprisonment shall not be affected by such payment.
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Massachusetts | Mass. Gen. Laws ch. 279, § 1B | Funds collection and disbursement; single point for clerk-magistrate and probation offices |
Notwithstanding any other provision of law, the administrative justice of a department of the trial court may direct that both the clerk–magistrate’s office and the probation office of one or more court divisions are to utilize a single funds collection and disbursement point within the courthouse.
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Missouri | Mo. Ann. Stat. § 483.55(6) | Clerks to charge, collect court costs, when |
It shall be the duty of each prosecuting attorney when such be referred to such prosecuting attorney by the responsible clerk to reasonably attempt to collect such delinquent court costs. In the case of delinquent court costs which are payable to the state, it shall be the duty of each prosecuting attorney, and the attorney general when such be referred to the attorney general by the state courts administrator to reasonably attempt to collect such delinquent court costs.
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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. § 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 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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Ohio | Ohio Rev. Code § 2929.37(D)-(E) | Policy requiring prisoner to pay costs of confinement |
(D) The reimbursement coordinator may collect any amounts remaining unpaid on an itemized bill and any costs associated with the enforcement of the judgment and may enter into a contract with one or more public agencies or private vendors to collect any amounts remaining unpaid. For enforcing a judgment issued under this section, the reimbursement coordinator may assess an additional poundage fee of two per cent of the amount remaining unpaid and may collect costs associated with the enforcement of the judgment.
(E) Neither the reimbursement coordinator nor the legislative authority or the managing authority shall enforce any judgment obtained under this section by means of execution against the prisoner’s homestead. Any reimbursement received under this section shall be credited to the general fund of the treasury of the political subdivision that incurred the expense, to be used for general fund purposes. |
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Texas | Tex. Code Crim. Proc. Art. 103.003 | Collection |
(a) District and county attorneys, clerks of district and county courts, sheriffs, constables, and justices of the peace may collect money payable under this title. (b) A community supervision and corrections department and a county treasurer may collect money payable under this title with the written approval of the clerk of the court or fee officer, and may collect money payable as otherwise provided by law.
(c) This article does not limit the authority of a commissioners court to contract with a private vendor or private attorney for the provision of collection services under Article 103.0031. |
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Vermont | Vt. Stat. Ann. tit. 13 § 7171 | Collection by complaint, information, or indictment |
(a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided. (b) The court administrator is authorized to contract with private collection agencies for collection of penalties, fines, surcharges, court costs, and any other assessment authorized by law incurred or imposed by statute on persons who fail to pay, at or after time of judgment, after notice that failure to pay the debt will result in the debt being referred to a collection agency and that the debtor will be liable for the collection agency's fee. The court administrator may agree to pay collection agencies a fee based on a fixed rate for services rendered or a percentage of the amount actually collected by such agencies and remitted to the state. The debtor shall be liable for the collection agency's fee, in addition to the judgment amount. The collection agency shall deduct its fee from the collected amount and remit the balance to the judiciary. All collection agency fees shall be governed by the contract with the court administrator and shall be clearly disclosed in all notices sent by the collection agency to the debtor.
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Washington | Wash. Rev. Code Ann. § 9.94A.780(5) | Offender supervision intake fees |
(5) All amounts required to be paid under this section shall be collected by the department of corrections and deposited by the department in the dedicated fund established pursuant to RCW 72.11.040.
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West Virginia | W. Va. Code § 59-1-29 | Collection of such fees |
Each clerk of the county commission, sheriff, clerk of the circuit court and prosecuting attorney shall have charge of and collect the fees, costs, percentages, penalties, commissions, allowances, compensation, income and all other perquisites of whatever kind which are now or may hereafter be allowed by law. Whenever there remain due the county and unpaid, for a period of more than six months, any fees, costs, percentages, penalties, commissions, allowances, compensation, income or any other perquisites of any kind, it shall be the duty of the county commission, or other tribunal in lieu thereof, by the prosecuting attorney, to proceed to the collection thereof in the circuit court or magistrate court, upon motion whereof the defendant and the sureties on his bond shall have at least twenty days’ notice, or in any other manner provided for by law, and the amount so collected shall be paid into the county treasury to the credit of the general county fund.
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West Virginia | W. Va. Code § 62-4-8 | Duties of prosecuting attorney in relation to fines |
It shall be the duty of the prosecuting attorney of every county to institute and prosecute in the circuit court, or other court having jurisdiction thereof, as the case may be, proper proceedings for the recovery of all fines imposed by law, where the cases are cognizable in such court. He shall superintend the issuing of executions on judgments for fines rendered by such courts, and cause all delinquencies in relation to the service or return of such executions to be duly prosecuted. If judgment be rendered by the circuit or other court for a fine, whether with or without imprisonment, a docket fee of ten dollars for the prosecuting attorney’s services, but payable into the county treasury, shall be taxed in the costs against the offender.
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