Commissioners Court will authorize dedicated employee(s) exclusively to a centralized collections department.
All courts have the expectation that all court costs, fees and fines are generally due at the time of sentencing or pleading. To accomplish this the courts shall post signs in offices reflecting this expectation, and shall add notations on all mail outs and court summons, and personnel shall be instructed to communicate this to the defendant.
Defendants unable to pay in full on the day of sentencing or pleading are required to complete the attached application for extension of time to pay.
The application information shall be verified and evaluated to establish an appropriate payment plan for the defendant. The defendant will be interviewed in person upon completion of the application when practical by the collections personnel. If defendant is out of town/state, the application will be filled out by the collections personnel over the phone.
Payment terms are usually strict based on the applicant’s income and necessary expenses. Cases on payment plans should usually be satisfied within 60 days. Payment terms greater than 60 days will be granted only when a financial situation requires an extended term. Payment terms shall not exceed 120 days.
Alternative enforcement options are available for those who do not qualify for a payment plan. When it is determined by collections personnel that a defendant cannot make any type of monetary payment, collections personnel will refer the defendant to the judge to be set up on an alternative plan, such as community service.
Defendants shall be closely monitored for compliance. Phone calls generally will be made the day after a missed payment. Delinquent notices will be mailed within five days after a missed payment. Pre-warrant calls generally will be made prior to issuance of a capias pro-fine notifying the defendant of the default and total amount past due.
Should the collections department exhaust all efforts in contacting the defendant or defendant willfully refuses to comply, a capias pro-fine warrant will be requested from the court. After issuance of the warrant the collections department will initiate post-warrant activity within two to five days of the issuance. Contact will be attempted via telephone and mail.
Delinquent cases over 60 days old will be turned over to a collection agency, currently Municipal Service Bureau, for collection.
Delinquent cases over 30 days old will be entered in OMNI system for non renewal of driver license.
The Court will issue warrants and have them served when appropriate. The collections department will work closely with the judge’s offices, the sheriff’s office, the constable’s offices and the police departments to serve warrants as appropriate.
NACOGDOCHES COUNTY COLLECTION MPROVEMENT PROGRAM
Nacogdoches County in order to comply with SB1863, Article 10, Collection of Certain, Costs, Fees and Fines in Criminal Cases, hereby adopts the following.
Nacogdoches County is implementing the following program which improves the collection of court costs, fees and fines imposed in criminal cases.
The program consists of (1) a component that conforms with a model developed by the Office of Court Administration and designed to improve in-house collections through application of best practices; and (2) a component designed to improve collection of balances more than 60 days past due, which may be implemented by entering into a contract with a private attorney or public or private vendor in accordance with Article 103.031