Collection Court Process from the Defendant

Collection Court Process
from the Defendant's Perspective

I. Criteria for a defendant to be put on Collection Court.

Sentenced to time served with fines and court costs.
Violation of probation or termination of probation - only has monetary obligations remaining on the case.
Sentenced to jail time, court costs and fines - may be recommended for work release

II. Process of Collection Court

The judge sentences the defendant to Collection Court. The defendant is ordered to pay a certain dollar amount toward the total fines/costs each month. The due date is set for the 1st of each month.
A Collection Court Order is completed during sentencing providing the above information, as well as a list of court dates the defendant must appear for, if his/her payments become delinquent. The order also contains guidelines within its contents in which the defendant must adhere to. The defendant must read and sign the order before leaving the courtroom.
If a defendant is delinquent, he/she must appear for court to explain to the judge/hearing officer why they are unable to make the payments in a timely manner. The judge/hearing officer will discuss their case with them, and try to work out a better plan. The judge/hearing officer has several options available for the defendant to avoid becoming further delinquent.
If the defendant does not appear in court, the judge/hearing officer will either reset to the next court date or issue a Writ of Bodily Attachment and assess fee accordingly. When the writ is issued, the judge will set a cash purge amount equal to the balance due or $250.00, whichever is greater.
If the defendant sends a letter rather than appearing in court, (only if incarcerated or in rehab), the judge/hearing officer reviews the letter, and makes a decision. An order is then prepared and mailed to the defendant.

III. Fees Assessed for Collection Court

A $5.00 fee will be assessed on all collection court cases which still reflect a "balance due" at the end of each month.
A $10 fee will be assessed on all collection court cases in which payment has not been received by the 1st of each month.
A $20.00 fee will be assessed on all collection court cases in which a writ of bodily attachment has been issued.
A $210 fee will be assessed on all collection court cases in which the writ of bodily attachment has been executed.

IV. Procedures when arrested on a writ

When a defendant is arrested on a writ, he/she will be placed back on collection court as soon as the purge amount is paid.
If the purge is not paid, the defendant will appear before the judge.

Last update 02/11/2008