2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321 - MOTOR VEHICLES AND LAW OF THE ROAD
321.210B - INSTALLMENT AGREEMENT.

        321.210B  INSTALLMENT AGREEMENT.
         1.  If a person's fine, penalty, surcharge, or court cost is
      deemed delinquent as provided in section 602.8107, subsection 2, and
      the person's driver's license has been suspended pursuant to section
      321.210A, the person may execute an installment agreement with the
      county attorney, the county attorney's designee, or the centralized
      collection unit of the department of revenue to pay the delinquent
      amount and the fee assessed in subsection 7 in installments.  Prior
      to execution of the installment agreement, the person shall provide
      the county attorney, the county attorney's designee, or the
      centralized collection unit of the department of revenue with a
      financial statement in order for the parties to the agreement to
      determine the amount of the installment payments.
         2.  If the person enters into an installment agreement with the
      county attorney or the county attorney's designee, the person shall
      execute an installment agreement in the county where the fine,
      penalty, surcharge, or court cost was imposed.  If the county where
      the fine, penalty, surcharge, or court cost was imposed does not have
      an installment agreement program, the person shall execute an
      installment agreement in the person's county of residence.  If the
      county of residence does not have an installment agreement program,
      the person may execute an installment agreement with any county
      attorney or county attorney's designee.
         3.  The county attorney, the county attorney's designee, or the
      centralized collection unit of the department of revenue shall file
      the installment agreement with the clerk of the district court in the
      county where the fine, penalty, surcharge, or court cost was imposed,
      within five days of execution of the agreement.
         4.  Upon receipt of an executed installment agreement and after
      the first installment payment, the clerk of the district court shall
      report the receipt of the executed installment agreement to the
      department of transportation.
         5.  Upon receipt of the report from the clerk of the district
      court and payment of the reinstatement fee as provided in section
      321.191, the department shall immediately reinstate the driver's
      license of the person unless the driver's license of the person is
      otherwise suspended, revoked, denied, or barred under another
      provision of law.
         6.  If a driver's license is reinstated upon receipt of a report
      of an executed installment agreement the driver shall provide proof
      of financial responsibility pursuant to section 321A.17, if otherwise
      required by law.
         7. a.  A civil penalty assessed pursuant to section 321.218A,
      321A.32A, or 321J.17 shall be added to the amount owing under the
      installment agreement.
         b.  The clerk of the district court shall transmit to the
      department, from the first moneys collected, an amount equal to the
      amount of any civil penalty assessed pursuant to section 321.218A or
      321A.32A and added to the installment agreement.  The department
      shall transmit the money received from the clerk of the district
      court pursuant to this paragraph to the treasurer of state for
      deposit in the juvenile detention home fund created in section
      232.142.
         c.  The clerk of the district court shall transmit to the
      department, from the first moneys collected, an amount equal to the
      amount of any civil penalty assessed pursuant to section 321J.17 and
      added to the installment agreement.  The department shall transmit
      the money received from the clerk of the district court pursuant to
      this paragraph to the treasurer of state who shall deposit one-half
      of the money in the separate fund established in section 915.94 and
      one-half of the money in the general fund of the state.
         8.  Upon determination by the county attorney, the county
      attorney's designee, or the centralized collection unit of the
      department of revenue that the person is in default, the county
      attorney, the county attorney's designee, or the centralized
      collection unit shall notify the clerk of the district court.
         9.  The clerk of the district court, upon receipt of a
      notification of a default from the county attorney, the county
      attorney's designee, or the centralized collection unit of the
      department of revenue, shall report the default to the department of
      transportation.
         10.  Upon receipt of a report of a default from the clerk of the
      district court, the department shall suspend the driver's license of
      a person as provided in section 321.210A.  For purposes of suspension
      and reinstatement of the driver's license of a person in default, the
      suspension and any subsequent reinstatement shall be considered a
      suspension pursuant to section 321.210A.
         11.  If a new fine, penalty, surcharge, or court cost is imposed
      on a person after the person has executed an installment agreement
      with the county attorney, the county attorney's designee, or the
      centralized collection unit of the department of revenue, and the new
      fine, penalty, surcharge, or court cost is deemed delinquent as
      provided in section 602.8107, subsection 2, and the person's driver's
      license has been suspended pursuant to section 321.210A, the person
      may enter into a second installment agreement with the county
      attorney, county attorney's designee, or the centralized collection
      unit of the department of revenue to pay the delinquent amount and
      the fee, if assessed, in subsection 7 in installments.
         12.  If an installment agreement is in default, the fine, penalty,
      surcharge, or court cost covered under the agreement shall not become
      part of any new installment agreement.
         13.  A person is eligible to enter into five installment
      agreements in the person's lifetime.
         14.  Except for a civil penalty assessed and collected pursuant to
      subsection 7, any amount collected under the installment agreement by
      the county attorney or the county attorney's designee shall be
      distributed as provided in section 602.8107, subsection 4, and any
      amount collected by the centralized collection unit of the department
      of revenue shall be deposited with the clerk of the district court
      for distribution under section 602.8108.  

         2007 Acts, ch 196, §2, 17; 2008 Acts, ch 1018, §23, 31; 2008 Acts,
      ch 1172, §21
         Referred to in § 321.210A, 321.218A, 321A.32A, 321J.17,
      331.756(5d), 602.8107