Article 41.--CODE FOR MUNICIPAL COURTS; GENERAL PROVISIONS
12-4119.Collection of debts owed to municipal
courts or restitution; contracts for collection.
(a) Cities are authorized to enter into contracts for
collection services for
debts owed to
municipal courts or restitution owed under an order of restitution. On and
after July 1, 2007, the
cost of collection shall be paid by the defendant as an additional court cost
in all cases where the
defendant fails to pay any amount ordered by the court and the court utilizes
the services of a
contracting agent pursuant to this section. The cost of collection shall be
deemed an
administrative fee to pay the actual costs of collection made necessary by the
defendant's failure
to pay court debt and restitution.
(b) The following terms shall mean:
(1) "Beneficiary under an order of restitution" means the victim or victims
of a crime to
whom a municipal court has ordered restitution be paid;
(2) "contracting agent" means a person, firm, agency or other entity who
contracts
hereunder to provide collection services;
(3) "cost of collection" means the fee specified in contracts hereunder to be
paid to or
retained by a contracting agent for collection services and shall not
exceed 33% of the amount collected. The cost of
collection shall be paid from the amount collected, but shall not be deducted
from the debts owed to municipal courts or restitution.
Cost of collection
also includes any filing
fee required under K.S.A. 60-4303, and amendments thereto; and
(4) "debts owed to municipal courts" means any assessment of court costs,
fines, fees,
moneys expended by the city in providing counsel and other defense services to
indigent
defendants or other charges which a municipal court judge has ordered to be
paid to the
court, and which remain unpaid in whole or in part, and includes any interest
or penalties on
such unpaid amounts as provided for in the judgment or by law. "Debts owed to
municipal
courts" also includes the cost of collection when collection services of a
contracting agent
hereunder are utilized.
(c) Municipal courts are authorized to utilize the collection services of
contracting agents pursuant to this section for the purpose of collecting all
outstanding debts owed the municipal courts.
(d) Any beneficiary under an order of restitution entered by a
municipal court is
authorized to utilize the collection services of contracting agents pursuant to
this section
for the purpose of collecting all outstanding amounts owed under such order of
restitution.
(e) Contracts shall provide for the payment of any amounts collected to the
clerk of the
municipal court for the court in which the debt being collected originated,
after first deducting
the collection fee. In accounting for amounts collected from any person,
the municipal court clerk shall credit the person's amount owed the amount
of the net proceeds
collected. The clerk shall not reduce the amount owed by any person that
portion of
any payment
which constitutes the cost of collection pursuant to this section.
(f) When the appropriate cost of collection has been paid to the contracting
agent as
agreed upon in the contract, the municipal court clerk shall then distribute
amounts
collected as
follows:
(1) When collection services are utilized pursuant to subsection (c), all
amounts shall be
applied against the debts owed to the court as specified in the original
judgment creating the
debt;
(2) when collection services are utilized pursuant to subsection (d), all
amounts shall be
paid to the beneficiary under the order of restitution designated to receive
such restitution, except
where that beneficiary has received recovery from the Kansas crime victims
compensation board and such board has subrogation rights pursuant to K.S.A.
74-7312, and amendments thereto, in
which case all amounts shall be paid to the board until its subrogation lien is
satisfied.
(g) Whenever collection services are being utilized against the same debtor
pursuant to
both subsections (c) and (d), any amounts collected by a contracting agent
shall be first applied
to satisfy debts pursuant to an order of restitution. Upon satisfaction of all
such debts, amounts
received from the same debtor shall then be applied to satisfy, debts owed to
courts.
Article 41.--CODE FOR MUNICIPAL COURTS; GENERAL PROVISIONS
12-4119.Collection of debts owed to municipal
courts or restitution; contracts for collection.
(a) Cities are authorized to enter into contracts for
collection services for
debts owed to
municipal courts or restitution owed under an order of restitution. On and
after July 1, 2007, the
cost of collection shall be paid by the defendant as an additional court cost
in all cases where the
defendant fails to pay any amount ordered by the court and the court utilizes
the services of a
contracting agent pursuant to this section. The cost of collection shall be
deemed an
administrative fee to pay the actual costs of collection made necessary by the
defendant's failure
to pay court debt and restitution.
(b) The following terms shall mean:
(1) "Beneficiary under an order of restitution" means the victim or victims
of a crime to
whom a municipal court has ordered restitution be paid;
(2) "contracting agent" means a person, firm, agency or other entity who
contracts
hereunder to provide collection services;
(3) "cost of collection" means the fee specified in contracts hereunder to be
paid to or
retained by a contracting agent for collection services and shall not
exceed 33% of the amount collected. The cost of
collection shall be paid from the amount collected, but shall not be deducted
from the debts owed to municipal courts or restitution.
Cost of collection
also includes any filing
fee required under K.S.A. 60-4303, and amendments thereto; and
(4) "debts owed to municipal courts" means any assessment of court costs,
fines, fees,
moneys expended by the city in providing counsel and other defense services to
indigent
defendants or other charges which a municipal court judge has ordered to be
paid to the
court, and which remain unpaid in whole or in part, and includes any interest
or penalties on
such unpaid amounts as provided for in the judgment or by law. "Debts owed to
municipal
courts" also includes the cost of collection when collection services of a
contracting agent
hereunder are utilized.
(c) Municipal courts are authorized to utilize the collection services of
contracting agents pursuant to this section for the purpose of collecting all
outstanding debts owed the municipal courts.
(d) Any beneficiary under an order of restitution entered by a
municipal court is
authorized to utilize the collection services of contracting agents pursuant to
this section
for the purpose of collecting all outstanding amounts owed under such order of
restitution.
(e) Contracts shall provide for the payment of any amounts collected to the
clerk of the
municipal court for the court in which the debt being collected originated,
after first deducting
the collection fee. In accounting for amounts collected from any person,
the municipal court clerk shall credit the person's amount owed the amount
of the net proceeds
collected. The clerk shall not reduce the amount owed by any person that
portion of
any payment
which constitutes the cost of collection pursuant to this section.
(f) When the appropriate cost of collection has been paid to the contracting
agent as
agreed upon in the contract, the municipal court clerk shall then distribute
amounts
collected as
follows:
(1) When collection services are utilized pursuant to subsection (c), all
amounts shall be
applied against the debts owed to the court as specified in the original
judgment creating the
debt;
(2) when collection services are utilized pursuant to subsection (d), all
amounts shall be
paid to the beneficiary under the order of restitution designated to receive
such restitution, except
where that beneficiary has received recovery from the Kansas crime victims
compensation board and such board has subrogation rights pursuant to K.S.A.
74-7312, and amendments thereto, in
which case all amounts shall be paid to the board until its subrogation lien is
satisfied.
(g) Whenever collection services are being utilized against the same debtor
pursuant to
both subsections (c) and (d), any amounts collected by a contracting agent
shall be first applied
to satisfy debts pursuant to an order of restitution. Upon satisfaction of all
such debts, amounts
received from the same debtor shall then be applied to satisfy, debts owed to
courts.
Article 41.--CODE FOR MUNICIPAL COURTS; GENERAL PROVISIONS
12-4119.Collection of debts owed to municipal
courts or restitution; contracts for collection.
(a) Cities are authorized to enter into contracts for
collection services for
debts owed to
municipal courts or restitution owed under an order of restitution. On and
after July 1, 2007, the
cost of collection shall be paid by the defendant as an additional court cost
in all cases where the
defendant fails to pay any amount ordered by the court and the court utilizes
the services of a
contracting agent pursuant to this section. The cost of collection shall be
deemed an
administrative fee to pay the actual costs of collection made necessary by the
defendant's failure
to pay court debt and restitution.
(b) The following terms shall mean:
(1) "Beneficiary under an order of restitution" means the victim or victims
of a crime to
whom a municipal court has ordered restitution be paid;
(2) "contracting agent" means a person, firm, agency or other entity who
contracts
hereunder to provide collection services;
(3) "cost of collection" means the fee specified in contracts hereunder to be
paid to or
retained by a contracting agent for collection services and shall not
exceed 33% of the amount collected. The cost of
collection shall be paid from the amount collected, but shall not be deducted
from the debts owed to municipal courts or restitution.
Cost of collection
also includes any filing
fee required under K.S.A. 60-4303, and amendments thereto; and
(4) "debts owed to municipal courts" means any assessment of court costs,
fines, fees,
moneys expended by the city in providing counsel and other defense services to
indigent
defendants or other charges which a municipal court judge has ordered to be
paid to the
court, and which remain unpaid in whole or in part, and includes any interest
or penalties on
such unpaid amounts as provided for in the judgment or by law. "Debts owed to
municipal
courts" also includes the cost of collection when collection services of a
contracting agent
hereunder are utilized.
(c) Municipal courts are authorized to utilize the collection services of
contracting agents pursuant to this section for the purpose of collecting all
outstanding debts owed the municipal courts.
(d) Any beneficiary under an order of restitution entered by a
municipal court is
authorized to utilize the collection services of contracting agents pursuant to
this section
for the purpose of collecting all outstanding amounts owed under such order of
restitution.
(e) Contracts shall provide for the payment of any amounts collected to the
clerk of the
municipal court for the court in which the debt being collected originated,
after first deducting
the collection fee. In accounting for amounts collected from any person,
the municipal court clerk shall credit the person's amount owed the amount
of the net proceeds
collected. The clerk shall not reduce the amount owed by any person that
portion of
any payment
which constitutes the cost of collection pursuant to this section.
(f) When the appropriate cost of collection has been paid to the contracting
agent as
agreed upon in the contract, the municipal court clerk shall then distribute
amounts
collected as
follows:
(1) When collection services are utilized pursuant to subsection (c), all
amounts shall be
applied against the debts owed to the court as specified in the original
judgment creating the
debt;
(2) when collection services are utilized pursuant to subsection (d), all
amounts shall be
paid to the beneficiary under the order of restitution designated to receive
such restitution, except
where that beneficiary has received recovery from the Kansas crime victims
compensation board and such board has subrogation rights pursuant to K.S.A.
74-7312, and amendments thereto, in
which case all amounts shall be paid to the board until its subrogation lien is
satisfied.
(g) Whenever collection services are being utilized against the same debtor
pursuant to
both subsections (c) and (d), any amounts collected by a contracting agent
shall be first applied
to satisfy debts pursuant to an order of restitution. Upon satisfaction of all
such debts, amounts
received from the same debtor shall then be applied to satisfy, debts owed to
courts.