Persons who are past due on court fines have an unexpected friend. Boone county attorney Dan Kolacia on Monday proposed a 28E agreement between Boone and Greene Counties for collection of delinquent fines. It would take a third party collection agency, and its 25 percent collection fee, out of the picture.
With Kolacia was Don Anderson, who has collected delinquent fines in Boone County for four years.
Court fines and costs are due to the clerk of court in 30 days. Currently, unless a county has a collection program in place (like Boone County), after 30 days the unpaid amounts are sent to Linebarger Goggan Blair & Sampson, a large Texas-based law firm the state contracted with for debt collection. Linebarger adds 25 percent to the money owed as a collection fee and the defendant’s driver’s license is suspended until the amount is paid.
A change in the law, effective July 1, allows defendants 30 days to pay their fines and costs or to set up a payment plan. Unpaid amounts will be sent to Linebarger only for those who don’t make payment arrangements in their county.
Kolacia said the new law has two benefits: it saves people money by eliminating the 25 percent collection fee; and the ‘local’ payment plans provide more flexibility in allowing people to keep their driving privileges while they’re making payments. “We’re talking about people who don’t have a lot of money to begin with,” Kolacia said. “The idea is that we’re not kicking them down. We want people to be able to drive legally. It saves our officers a lot of time, it allows people to go to work and lead productive lives. If we have legal drivers they’re more likely to have insurance, to have vehicle registration. This program allows it to happen.”
Fines and court costs go to the state. Under the new law, counties that do their own collection will receive 28 percent back from the state. However, once a county collects $100,000 in fines and costs, that percentage increases to 40. Counties can join together with 28E agreements and the threshold remains the same.
The Greene County supervisors were agreeable to the idea, with board chair John Muir calling it a “win-win” situation. County attorney Nic Martino said he hadn’t read all the information about the changes in the law, but he didn’t oppose the 28E agreement. The supervisors asked Kolacia to forward an agreement to Martino for his review. The item will be on a board agenda in early June.
Kolacia has also spoken with Sac County attorney Ben Smith. It is likely Sac will also be part of the 28E agreement.
