SENATE BILL REPORT

SB 5464

BYSenators Halsan and Nelson

Authorizing district courts to collect fines through credit cards and collection agencies.

Senate Committee on Judiciary

Senate Hearing Date(s):February 18, 1987; February 20, 1987; February 23, 1987

Majority Report:  That Substitute Senate Bill No. 5464 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Moore, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  February 23, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 23, 1987

BACKGROUND:

Courts of limited jurisdiction may use collection agencies in an attempt to collect unpaid fines and forfeitures.  However, before a debt may be assigned to a collection agency, there must be an attempt to advise the debtor of the existence of the debt and that it may be assigned to a collection agency thirty days after notice is sent to the debtor.

The fines and forfeitures which are collected by district courts, including those collected by collection agencies, are to be remitted monthly to the county treasurer.  Thirty-two percent of this money is then sent to the state treasurer.  The remainder of the funds received by the county is to be deposited in the county's current expense fund.

SUMMARY:

Courts of limited jurisdiction may utilize collection agencies to collect unpaid fines and forfeitures.  An attempt must be made by the court of limited jurisdiction to notify the debtor of the existence of the debt and the possibility that it will be turned over to a collection agency.  However, district courts will not be required to wait thirty days after notice is sent to the debtor.

Courts of limited jurisdiction may use credit cards for billing and collecting paid and unpaid fines and forfeitures.

The money collected through the use of collection agencies by district courts will be deposited in an account for the benefit of the district courts of the county in which the debt originated.

EFFECT OF PROPOSED SUBSTITUTE:

Courts of limited jurisdiction may enter into agreements with one or more attorneys or collection agencies for the collection of overdue fines and forfeitures.  The agreements may specify remuneration for services but not more than 20 percent of the fine plus statutory costs.

Fiscal Note:      requested

Senate Committee - Testified: Dawn Siler, Transworld Systems, Inc.; Curt Sharar, Washington State Association of Counties; Janet McLane, Office for the Administrator for the Courts