Tennessee § 20-12-144 - Collection of fines or costs in default.

§ 20-12-144. Collection of fines or costs in default.

If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both. If an agent is used, the clerk of the court shall use the county's normal competitive bidding procedures to select and retain the agent. The clerk of the court shall award the bid with the approval of the judge of the affected court. The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office. On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. Acts 1992, ch. 676, § 1; 1993, ch. 440, § 1; 2014, ch. 737, §§ 3, 4. Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 737 took effect on April 21, 2014. Acts 2014, ch. 737, § 8 provided that the additional fee if a collection agent is used shall apply to all amounts that have been owed for at least six (6) months on January 1, 2015, or become owed for at least six (6) months after January 1, 2015, whether the case was adjudicated prior to, or on or after, April 21, 2014. Acts 2014, ch. 737, § 5 provided that any changes to a court clerk's computer system or software necessitated by the use of a collection agent under this act, which amended subsection (c), shall be paid for by funds collected by the clerk for computer related expenses pursuant to § 8-21-401(j) to the extent such funds are available. No state funds shall be allocated to make any changes to a court clerk's computer system or software necessitated by this act. Acts 2014, ch. 737, § 6 provided that this act, which amended subsection (c), is remedial in nature and is intended to assist court clerks with the administrative costs and difficulties associated with the collection of delinquent fines, costs and litigation taxes. Amendments. The 2014 amendment rewrote (c) which read: “The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office.” Effective Dates. Acts 2014, ch. 737, § 8. April 21, 2014. [See the Compiler's Notes.] Attorney General Opinions. Collection of fines and costs, OAG 96-049 (3/15/96). Retention of delinquent court costs, OAG 97-042 (4/7/97). Cited: O'Neill v. Parks, — S.W.3d —, 2008 Tenn. App. LEXIS 568 (Tenn. Ct. App. Sept. 29, 2008).