2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9730.1 - Collection of court costs, restitution and fines by private collection agency.

     § 9730.1.  Collection of court costs, restitution and fines by
                private collection agency.
        (a)  Generally.--In accordance with section 9730(b)(1) and
     (2) (relating to payment of court costs, restitution and fines),
     an issuing authority may refer the collection of costs, fines
     and restitution of a defendant to a private collection agency
     whether or not the defendant's maximum sentence or probationary
     term has expired with or without holding a hearing pursuant to
     this section. Such collection agency shall adhere to accepted
     practices in accordance with applicable Federal and State law to
     collect such costs, fines and restitution.
        (b)  Contracts with private collection agencies.--
            (1)  The president judge of the judicial district, county
        commissioner or designee of either may contract with private
        collection agencies for the collection of fines, costs and
        restitution in accordance with the provisions of this
        section.
            (2)  The amount of the collection fee as negotiated
        between the president judge of the judicial district, county
        commissioner or designee of either and private collection
        agencies shall be added to the bill of costs to be paid by
        the defendant and shall not exceed 25% of the amount
        collected.
            (3)  The funds secured from the defendant by the private
        collection agency in connection with the collection of fines,
        costs and restitution shall be distributed as follows:
                (i)  The fee due the private collection agency shall
            be paid.
                (ii)  The balance shall be distributed in accordance
            with the original distribution of fines, costs and
            restitution as set forth in the order of the court
            sentencing the defendant.
        (c)  Limitations on private collection agencies.--For the
     purposes of this section, a private collection agency shall
     cease its efforts designed to collect fines, costs and
     restitution and so inform the court or the county commissioners
     upon the occurrence of any of the following:
            (1)  the private collection agency considers the amount
        owing noncollectible;
            (2)  a period of 180 days has elapsed since referral of
        the amount owing to the private collection agency and there
        has been no response by the defendant or collection of
        moneys; or
            (3)  upon demand of a judge of the court of common pleas
        having jurisdiction over the defendant.
        (d)  Imprisonment.--Nothing in this subchapter limits the
     ability of a judge to imprison a person for nonpayment, as
     provided by law; however, imprisonment for nonpayment shall not
     be imposed without a public hearing under section 9730(b)(1).
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Amount owing."  The total amount owed by a defendant on
     fines, costs or restitution in accordance with the order of
     court sentencing the defendant and this section.
        "Private collection agency."  A person, company, partnership
     or other entity that uses any instrumentality of interstate
     commerce or the mails in any business the principal purpose of
     which is the collection of any debts, or who regularly collects
     or attempts to collect, directly or indirectly, debts owed or
     due or asserted to be owed or due another under the applicable
     laws of the United States and of this Commonwealth.
     (July 11, 1996, P.L.607, No.104, eff. 60 days; June 18, 1998,
     P.L.640, No.84, eff. 120 days)

        1998 Amendment.  Act 84 amended subsec. (a).
        1996 Amendment.  Act 104 added section 9730.1.
        Cross References.  Section 9730.1 is referred to in section
     9728 of this title.