§ 7A-321. Collection of offender fines and fees assessed by the court; collection assistance fee. - North Carolina Statutes

§ 7A‑321.  Collection ofoffender fines and fees assessed by the court; collection assistance fee.

(a)        The JudicialDepartment may, in lieu of payment by cash or check, accept payment by creditcard, charge card, or debit card for the fines, fees, and costs owed to thecourts by offenders.

(b)        In attempting tocollect the fines, fees, and costs owed by offenders not sentenced tosupervised probation, the Department may:

(1)        Assess a collectionassistance fee if an amount due remains unpaid for 30 days after the timeperiod allotted by the court. The amount of the collection assistance fee shallnot exceed the average cost of collecting the debt or twenty percent (20%) ofthe amount past due, whichever is less.

(2)        Enter into contractswith a collection agency or agencies to collect unpaid fines, fees, and costsowed by offenders not sentenced to supervised probation.

(3)        Intercept tax refundchecks under Chapter 105A of the General Statutes, the Setoff Debt CollectionAct.

(c)        Should the JudicialDepartment use any method listed in subdivision (b)(1) or (2) of this sectionto collect fines owed by offenders not sentenced to supervised probation, theDepartment may not charge any additional cost of collection pursuant to G.S.115C‑437 or G.S. 7A‑304(f).

(d)        The court shallretain a collection assistance fee in the amount of ten percent (10%) of anycost or fee collected by the Department pursuant to this Article or Chapter 20of the General Statutes and remitted to an agency of the State or any of itspolitical subdivisions, other than a cost or fee listed in this subsection. Thecourt shall remit the collection assistance fee to the State Treasurer for thesupport of the General Court of Justice.

The collection assistance feeshall not be retained from the following:

(1)        Costs and feesdesignated by law for remission to or use by an agency or program of theJudicial Department or for support of the General Court of Justice.

(2)        Costs and feesdesignated by law for remission to the General Fund.  (2006‑187, s. 1(a);2007‑323, s. 30.9(a); 2009‑451, s. 15.20(m); 2009‑575, s.14.)