§ 19.2-349. Responsibility for collections; clerks to report unsatisfiedfines, etc.; duty of attorneys for Commonwealth; duties of Department ofTaxation.
A. The clerk of the circuit court and district court of every county and cityshall submit to the judge of his court, the Department of Taxation, the StateCompensation Board and the attorney for the Commonwealth of his county orcity a monthly report of all fines, costs, forfeitures and penalties whichare delinquent more than 30 days, including court-ordered restitution of asum certain, imposed in his court for a violation of state law or a localordinance which remain unsatisfied, including those which are delinquent ininstallment payments. The monthly report shall include the social securitynumber or driver's license number of the defendant, if known, and such otherinformation as the Department of Taxation and the Compensation Board deemappropriate. The Executive Secretary shall make the report required by thissubsection on behalf of those clerks who participate in the Supreme Court'sautomated information system.
B. It shall be the duty of the attorney for the Commonwealth to cause properproceedings to be instituted for the collection and satisfaction of allfines, costs, forfeitures, penalties and restitution. The attorney for theCommonwealth shall determine whether it would be impractical or uneconomicalfor such service to be rendered by the office of the attorney for theCommonwealth. If the defendant does not enter into an installment paymentagreement under § 19.2-354, the attorney for the Commonwealth and the clerkmay agree to a process by which collection activity may be commenced 15 daysafter judgment.
If the attorney for the Commonwealth does not undertake collection, he shallcontract with (i) private attorneys or private collection agencies, (ii)enter into an agreement with a local governing body, (iii) enter into anagreement with the county or city treasurer, or (iv) use the services of theDepartment of Taxation, upon such terms and conditions as may be establishedby guidelines promulgated by the Office of the Attorney General, theExecutive Secretary of the Supreme Court with the Department of Taxation andthe Compensation Board. If the attorney for the Commonwealth undertakescollection, he shall follow the procedures established by the Department ofTaxation and the Compensation Board. Such guidelines shall not supersedecontracts between attorneys for the Commonwealth and private attorneys andcollection agencies when active collection efforts are being undertaken. Aspart of such contract, private attorneys or collection agencies shall begiven access to the social security number of the defendant in order toassist in the collection effort. Any such private attorney shall be subjectto the penalties and provisions of § 18.2-186.3.
The fees of any private attorneys or collection agencies shall be paid on acontingency fee basis out of the proceeds of the amounts collected. However,in no event shall such attorney or collection agency receive a fee foramounts collected by the Department of Taxation under the Setoff DebtCollection Act (§ 58.1-520 et seq.). A local treasurer undertaking collectionpursuant to an agreement with the attorney for the Commonwealth may collectthe administrative fee authorized by § 58.1-3958.
C. The Department of Taxation and the State Compensation Board shall beresponsible for the collection of any judgment which remains unsatisfied ordoes not meet the conditions of § 19.2-354. Persons owing such unsatisfiedjudgments or failing to comply with installment payment agreements under §19.2-354 shall be subject to the delinquent tax collection provisions ofTitle 58.1. The Department of Taxation and the State Compensation Board shallestablish procedures to be followed by clerks of courts, attorneys for theCommonwealth, other state agencies and any private attorneys or collectionagents and may employ private attorneys or collection agencies, or engageother state agencies to collect the judgment. The Department of Taxation andthe Commonwealth shall be entitled to deduct a fee for services from amountscollected for violations of local ordinances.
The Department of Taxation and the State Compensation Board shall annuallyreport to the Governor and the General Assembly the total of fines, costs,forfeitures and penalties assessed, collected, and unpaid and those whichremain unsatisfied or do not meet the conditions of § 19.2-354 by eachcircuit and district court. The report shall include the proceduresestablished by the Department of Taxation and the State Compensation Boardpursuant to this section and a plan for increasing the collection of unpaidfines, costs, forfeitures and penalties. The Auditor of Public Accounts shallannually report to the Governor, the Executive Secretary of the Supreme Courtand the General Assembly as to the adherence of clerks of courts, attorneysfor the Commonwealth and other state agencies to the procedures establishedby the Department of Taxation and the State Compensation Board.
(Code 1950, § 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469; 1983, cc.415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623; 1993, c.269; 1994, cc. 841, 945; 2001, c. 414; 2003, c. 262; 2006, c. 359; 2007, c.551.)
§ 19.2-349. Responsibility for collections; clerks to report unsatisfiedfines, etc.; duty of attorneys for Commonwealth; duties of Department ofTaxation.
A. The clerk of the circuit court and district court of every county and cityshall submit to the judge of his court, the Department of Taxation, the StateCompensation Board and the attorney for the Commonwealth of his county orcity a monthly report of all fines, costs, forfeitures and penalties whichare delinquent more than 30 days, including court-ordered restitution of asum certain, imposed in his court for a violation of state law or a localordinance which remain unsatisfied, including those which are delinquent ininstallment payments. The monthly report shall include the social securitynumber or driver's license number of the defendant, if known, and such otherinformation as the Department of Taxation and the Compensation Board deemappropriate. The Executive Secretary shall make the report required by thissubsection on behalf of those clerks who participate in the Supreme Court'sautomated information system.
B. It shall be the duty of the attorney for the Commonwealth to cause properproceedings to be instituted for the collection and satisfaction of allfines, costs, forfeitures, penalties and restitution. The attorney for theCommonwealth shall determine whether it would be impractical or uneconomicalfor such service to be rendered by the office of the attorney for theCommonwealth. If the defendant does not enter into an installment paymentagreement under § 19.2-354, the attorney for the Commonwealth and the clerkmay agree to a process by which collection activity may be commenced 15 daysafter judgment.
If the attorney for the Commonwealth does not undertake collection, he shallcontract with (i) private attorneys or private collection agencies, (ii)enter into an agreement with a local governing body, (iii) enter into anagreement with the county or city treasurer, or (iv) use the services of theDepartment of Taxation, upon such terms and conditions as may be establishedby guidelines promulgated by the Office of the Attorney General, theExecutive Secretary of the Supreme Court with the Department of Taxation andthe Compensation Board. If the attorney for the Commonwealth undertakescollection, he shall follow the procedures established by the Department ofTaxation and the Compensation Board. Such guidelines shall not supersedecontracts between attorneys for the Commonwealth and private attorneys andcollection agencies when active collection efforts are being undertaken. Aspart of such contract, private attorneys or collection agencies shall begiven access to the social security number of the defendant in order toassist in the collection effort. Any such private attorney shall be subjectto the penalties and provisions of § 18.2-186.3.
The fees of any private attorneys or collection agencies shall be paid on acontingency fee basis out of the proceeds of the amounts collected. However,in no event shall such attorney or collection agency receive a fee foramounts collected by the Department of Taxation under the Setoff DebtCollection Act (§ 58.1-520 et seq.). A local treasurer undertaking collectionpursuant to an agreement with the attorney for the Commonwealth may collectthe administrative fee authorized by § 58.1-3958.
C. The Department of Taxation and the State Compensation Board shall beresponsible for the collection of any judgment which remains unsatisfied ordoes not meet the conditions of § 19.2-354. Persons owing such unsatisfiedjudgments or failing to comply with installment payment agreements under §19.2-354 shall be subject to the delinquent tax collection provisions ofTitle 58.1. The Department of Taxation and the State Compensation Board shallestablish procedures to be followed by clerks of courts, attorneys for theCommonwealth, other state agencies and any private attorneys or collectionagents and may employ private attorneys or collection agencies, or engageother state agencies to collect the judgment. The Department of Taxation andthe Commonwealth shall be entitled to deduct a fee for services from amountscollected for violations of local ordinances.
The Department of Taxation and the State Compensation Board shall annuallyreport to the Governor and the General Assembly the total of fines, costs,forfeitures and penalties assessed, collected, and unpaid and those whichremain unsatisfied or do not meet the conditions of § 19.2-354 by eachcircuit and district court. The report shall include the proceduresestablished by the Department of Taxation and the State Compensation Boardpursuant to this section and a plan for increasing the collection of unpaidfines, costs, forfeitures and penalties. The Auditor of Public Accounts shallannually report to the Governor, the Executive Secretary of the Supreme Courtand the General Assembly as to the adherence of clerks of courts, attorneysfor the Commonwealth and other state agencies to the procedures establishedby the Department of Taxation and the State Compensation Board.
(Code 1950, § 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469; 1983, cc.415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623; 1993, c.269; 1994, cc. 841, 945; 2001, c. 414; 2003, c. 262; 2006, c. 359; 2007, c.551.)
§ 19.2-349. Responsibility for collections; clerks to report unsatisfiedfines, etc.; duty of attorneys for Commonwealth; duties of Department ofTaxation.
A. The clerk of the circuit court and district court of every county and cityshall submit to the judge of his court, the Department of Taxation, the StateCompensation Board and the attorney for the Commonwealth of his county orcity a monthly report of all fines, costs, forfeitures and penalties whichare delinquent more than 30 days, including court-ordered restitution of asum certain, imposed in his court for a violation of state law or a localordinance which remain unsatisfied, including those which are delinquent ininstallment payments. The monthly report shall include the social securitynumber or driver's license number of the defendant, if known, and such otherinformation as the Department of Taxation and the Compensation Board deemappropriate. The Executive Secretary shall make the report required by thissubsection on behalf of those clerks who participate in the Supreme Court'sautomated information system.
B. It shall be the duty of the attorney for the Commonwealth to cause properproceedings to be instituted for the collection and satisfaction of allfines, costs, forfeitures, penalties and restitution. The attorney for theCommonwealth shall determine whether it would be impractical or uneconomicalfor such service to be rendered by the office of the attorney for theCommonwealth. If the defendant does not enter into an installment paymentagreement under § 19.2-354, the attorney for the Commonwealth and the clerkmay agree to a process by which collection activity may be commenced 15 daysafter judgment.
If the attorney for the Commonwealth does not undertake collection, he shallcontract with (i) private attorneys or private collection agencies, (ii)enter into an agreement with a local governing body, (iii) enter into anagreement with the county or city treasurer, or (iv) use the services of theDepartment of Taxation, upon such terms and conditions as may be establishedby guidelines promulgated by the Office of the Attorney General, theExecutive Secretary of the Supreme Court with the Department of Taxation andthe Compensation Board. If the attorney for the Commonwealth undertakescollection, he shall follow the procedures established by the Department ofTaxation and the Compensation Board. Such guidelines shall not supersedecontracts between attorneys for the Commonwealth and private attorneys andcollection agencies when active collection efforts are being undertaken. Aspart of such contract, private attorneys or collection agencies shall begiven access to the social security number of the defendant in order toassist in the collection effort. Any such private attorney shall be subjectto the penalties and provisions of § 18.2-186.3.
The fees of any private attorneys or collection agencies shall be paid on acontingency fee basis out of the proceeds of the amounts collected. However,in no event shall such attorney or collection agency receive a fee foramounts collected by the Department of Taxation under the Setoff DebtCollection Act (§ 58.1-520 et seq.). A local treasurer undertaking collectionpursuant to an agreement with the attorney for the Commonwealth may collectthe administrative fee authorized by § 58.1-3958.
C. The Department of Taxation and the State Compensation Board shall beresponsible for the collection of any judgment which remains unsatisfied ordoes not meet the conditions of § 19.2-354. Persons owing such unsatisfiedjudgments or failing to comply with installment payment agreements under §19.2-354 shall be subject to the delinquent tax collection provisions ofTitle 58.1. The Department of Taxation and the State Compensation Board shallestablish procedures to be followed by clerks of courts, attorneys for theCommonwealth, other state agencies and any private attorneys or collectionagents and may employ private attorneys or collection agencies, or engageother state agencies to collect the judgment. The Department of Taxation andthe Commonwealth shall be entitled to deduct a fee for services from amountscollected for violations of local ordinances.
The Department of Taxation and the State Compensation Board shall annuallyreport to the Governor and the General Assembly the total of fines, costs,forfeitures and penalties assessed, collected, and unpaid and those whichremain unsatisfied or do not meet the conditions of § 19.2-354 by eachcircuit and district court. The report shall include the proceduresestablished by the Department of Taxation and the State Compensation Boardpursuant to this section and a plan for increasing the collection of unpaidfines, costs, forfeitures and penalties. The Auditor of Public Accounts shallannually report to the Governor, the Executive Secretary of the Supreme Courtand the General Assembly as to the adherence of clerks of courts, attorneysfor the Commonwealth and other state agencies to the procedures establishedby the Department of Taxation and the State Compensation Board.
(Code 1950, § 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469; 1983, cc.415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623; 1993, c.269; 1994, cc. 841, 945; 2001, c. 414; 2003, c. 262; 2006, c. 359; 2007, c.551.)
