2009 North Carolina Code
Chapter 7A - Judicial Department.
§ 7A-321. Collection of offender fines and fees assessed by the court; collection assistance fee.

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

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

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

(1)        Assess a collection assistance fee if an amount due remains unpaid for 30 days after the time period allotted by the court. The amount of the collection assistance fee shall not exceed the average cost of collecting the debt or twenty percent (20%) of the amount past due, whichever is less.

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

(3)        Intercept tax refund checks under Chapter 105A of the General Statutes, the Setoff Debt Collection Act.

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

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

The collection assistance fee shall not be retained from the following:

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

(2)        Costs and fees designated 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.)