Oklahoma § 28-151 - Collection of fees, fines, costs and assessments

§ 28-151. Collection of fees, fines, costs and assessments

A. It shall be the duty of the clerks of the district court and

other trial courts of record of this state to charge and collect the

fees imposed by this title and other fees, assessments and payments

as imposed by the Oklahoma Statutes, fines, costs and assessments

imposed by the district courts or appellate courts, and none others,

in all cases, except those in which the defendant is charged with a

misdemeanor or traffic violation, and except cases under the Small

Claims Procedure Act, Section 1751 et seq. of Title 12 of the

Oklahoma Statutes. This section shall not apply to municipal courts

not of record in this state.

B. 1. As authorized by the Administrative Office of the

Courts, the court clerk may accept a nationally recognized credit or

debit card or other electronic payment method for any lawful

purpose, including, but not limited to, payment for any fee, fine,

forfeiture payment, cost, penalty assessment or other charge or

collection to be assessed or collected by the court clerk under the

laws of this state. The court clerk shall not collect a fee for the

acceptance of the nationally recognized credit or debit card. Prior

to the distribution of any fees provided for by law, the court clerk

shall apportion on a pro rata basis the costs associated with the

administration, acceptance, processing, and verification of the

credit card or debit card among all state, municipal or other

government entities or funds that are entitled by law to receive any

payments from the court clerk from any fee, fine, forfeiture

payment, cost, penalty assessment or other collection. All credit

and debit card costs shall be deducted from the fees, fines,

forfeiture payments, costs, penalty assessments or other collections

before transmittal is made to state, municipal or government

Oklahoma Statutes - Title 28. Fees

entities or funds pursuant to the provisions of any law of this

state that direct a court clerk to pay any amount or any portion of

any fee, fine, forfeiture payment, cost, penalty assessment, or

other collection to another state, municipal, or other government

entity or fund. Each state, municipal, or other government entity

or fund entitled to payment shall then receive only its statutory

share less its prorated share of the credit or debit card costs.

For purposes of this subsection, "nationally recognized credit card"

means any instrument or device, whether known as a credit card,

credit plate, charge plate, or by any other name, issued with or

without fee by an issuer for the use of the cardholder in obtaining

goods, services, or anything else of value. "Debit card" means an

identification card or device issued to a person by a business

organization which permits such person to obtain access to or

activate a consumer banking electronic facility. The Administrative

Office of the Courts is authorized to negotiate and organize

statewide contracts for the acceptance and processing of credit and

debit cards and equipment related thereto.

2. Written procedures for acceptance or rejection of credit

cards shall be established by the Office of the State Auditor and

Inspector with approval and direction to court clerks to be issued

by the Administrative Office of the Courts.

C. Payment for any fee provided for in this title may be made

by a personal or business check. The court clerk, at the court

clerk's discretion, may:

1. Add an amount equal to the amount of the service charge

incurred, not to exceed three percent (3%) of the amount of the

check as a service charge for the acceptance and verification of the

check; or

2. Add an amount of no more than Five Dollars ($5.00) as a

service charge for the acceptance and verification of a check. For

purposes of this subsection, "personal or business check" shall not

mean a money order, cashier's check, or bank certified check.

D. The Supreme Court is authorized to institute a cost

collection program for collection of fees, fines, costs and

assessments provided for in this title.

Added by Laws 1968, c. 359, § 1, eff. July 1, 1968. Amended by Laws

1992, c. 357, § 10, eff. July 1, 1992; Laws 1996, c. 339, § 8, eff.

Nov. 1, 1996; Laws 1997, c. 239, § 1, eff. July 1, 1997; Laws 2005,

c. 192, § 3, eff. Nov. 1, 2005; Laws 2007, c. 247, § 1, eff. July 1,

2007; Laws 2019, c. 232, § 2, eff. Nov. 1, 2019.