Aransas County Collections Program Recognized for Innovation
In 2017, the 85th Texas Legislature passed Senate Bill 1913/House Bill 351 which, among other changes, allows courts to consider community service as an option for defendants who are unable to pay court fines and fees. However, Aransas County collections specialist Misty Kimbrough had been exploring a community service non-monetary option for at least two years before the legislation was passed.
Specifically, the new law:
- requires the judge to ask, in open court, whether the defendant has sufficient resources or income to immediately pay all or part of the fine and costs;
- increases, from $50 per day to $100 per day, the credit provided to defendants who satisfy payment through confinement or community service; and
- expands the categories of work and other programs that may satisfy a community service requirement.
After the devastation following Aug. 25, 2017, this option was especially needed.
Collection Efforts Post-Hurricane Harvey
The Aransas County Courthouse was condemned following Hurricane Harvey. Some three weeks later, county offices were up and running in alternate and multiple locations. In January 2018, the county had regrouped as a unit in a temporary courthouse, where they remain today.
Kimbrough, a one-person department, resumed collections operations within a month. However, with 30 percent of the county’s population displaced, Kimbrough knew many of her “clients,” those who owed fines and fees, were now without phone service, Internet, jobs and transportation.
“Since I also live here, I was very aware of the daily struggles,” Kimbrough recalled. “For those that I could reach, if they were in need, I postponed payment plans, etc. But more importantly, I tried to get them to the right place so they could get the help that they needed.”
Following the hurricane, it took Kimbrough approximately six-nine months to find and contact most of her clients.
“Some continued to pay, and some could not, but within about a year we were back on target for collections,” Kimbrough summarized. “The new community service option has helped those who are still struggling, and I am thrilled to have that option to help my clients be successful.”
Award-Winning Program
In 2018, the Governmental Collectors Association of Texas (GCAT) honored the Aransas County Court Collections Department with the Most Innovative Program of the Year Award.
“Along with our County Court at Law Judge Richard P. Bianchi, we created our non-monetary option for compliance on monetary judgments,” Kimbrough explained. “We presented to and obtained approval from Commissioners Court, and we communicated the plan and process to other county departments for understanding, acceptance, and support of the program.”
Along with focusing on the success of her clients, Kimbrough continually searches for “ways to make my process more effective, more automated, and better for all involved.”
Since starting with collections on Jan. 15, 2015, Kimbrough has revamped most every aspect of the collections process.
“I researched and picked the brains of other GCAT members who were willing to share their knowledge, insights, and experiences,” Kimbrough shared. “I have the mindset of helping people be successful. If they are successful, the monies/compliance will follow.”
Along with implementing the community service option, Kimbrough requested and received permission to implement the following changes over a two-year period:
- acquired and implemented i-PLOW, a collections program;
- acquired and implemented Thomson Reuters CLEAR, an online investigation solution;
- helped develop the county’s indigent defense plan to meet standards for the court-appointed attorney process;
- started the process of going to the Aransas County Detention Center to complete the payment plan process prior to defendants being released; and
- established better communication with the adult probation department.
“We now email and/or speak almost daily, sharing contact information and alerting each other when issues arise so we can have a united front when dealing with problems,” Kimbrough detailed.
“I am a one-person department with 1,006 current misdemeanor A and B cases and 467 current district court cases,” she added. “Misdemeanor A and B cases are heard by Judge Bianchi. I am very lucky to have an excellent and open working relationship with him.”
Documented Success
Kimbrough’s efforts along with the support of other county partners have increased collections by 20 percent to 25 percent per year.
“We have increased our cashiering of all methods, monies, community service, jail credit, and any waivers, by over 50 percent,” Kimbrough shared. “Automating some of the processes such as the phone calls and mail communications has allowed me more time to actively work on delinquent accounts,” she added.
Kimbrough has already set the following goals for 2020:
- Utilize text and email messages.
- Go paperless. “I don’t know if we can do without paper completely, but I hope to use our computer/iPad to help us keep it to a minimum!” Kimbrough stated.
- Continue to expand the community service program so those who are struggling financially have a compliance option.
Outsourcing Delinquent Collections
Legislation passed by the 85th Legislature also affected those who choose to contract with a third party to collect delinquent fines and fees.
The Texas Legislature has given counties the authority to assess a 30 percent fee on a delinquent fine or fee when contracting with a private attorney or public vendor to improve collection of balances more than 60 days past due.
Effective Sept. 1, 2017, the law states: Communication to a defendant from a public or private vendor contracted to provide collection services for unpaid fines and court costs must include:
- notice of the person’s right to enter a plea or to demand trial on any offense; and
- a statement that if the person is unable to pay the full amount that is acceptable to the court to resolve the case, the person should contact the court regarding alternatives to full payment.
“This change in the law has had a positive impact overall,” offered Judge Holly Williamson, Harris County Justice of the Peace Precinct 8, Place 1.
“The Texas Legislature provides cities and counties with the authority to contract with attorneys or outside vendors to collect court fines and fees as an effective tool to help courts enforce judgments and orders,” elaborated Williamson, whose court contracts with Linebarger Goggan Blair & Sampson, LLP. “The primary benefits to the county include citizens avoiding arrest by voluntarily making an appearance or paying a fine before any warrant is issued.
“Furthermore, by relying on private sector collections techniques and procedures for mailing notices, telephone services, and skip-tracing services, court staff and constables are able to focus on tasks other than court collections,” Williamson observed.
Moore County Justice of the Peace Barbara Mulanax offered a similar perspective when it comes to outsourcing delinquent fine and fee collection to a third party.
“It allows the court to work on other things, it helps to clear our docket, and they are able to find people that we may never locate,” shared Mulanax, whose court uses the services of Perdue Brandon Fielder Collins & Mott‚ LLP.
Randall County Justice of the Peace Precinct 1 contracted with a third-party vendor to collect on older cases that had gone dormant and “to help our county realize potential absent funds,” noted Judge Tracy Byrd.
“Any revenue helps our county!” shared Byrd, whose court uses Graves Humphries Stahl, Ltd., for delinquent collections.
Reliance on private sector collections techniques and procedures “serves as a benefit to both the court (and the county) and the defendant,” Williamson concluded.
