{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-349.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-349.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-349.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-349.html"}],"law_id":80926,"edition_id":1,"section_id":80926,"structure_id":15851,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","history":"Code 1950, \u00a7 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469; 1983, cc. 415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623; 1993, c. 269; 1994, cc. 841, 945; 2001, c. 414; 2003, c. 262; 2006, c. 359; 2007, c. 551; 2012, c. 615; 2017, cc. 786, 802, 806, 814; 2018, cc. 724, 725; 2021, Sp. Sess. I, cc. 190, 393; 2024, c. 518.","full_text":"A\n\nThe clerk of the circuit court and district court of every county and city shall submit to the judge of his court, the Department of Taxation, the State Compensation Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 90 days, including court-ordered restitution of a sum certain, imposed in his court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments. The monthly report shall include the social security number or driver’s license number of the defendant, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court’s automated information system.B\n\nThe clerk of the circuit court and district court of every county and city shall submit quarterly to the attorney for the Commonwealth of his county or city and any probation agency that serves such county or city:1\n\nA list of all defendants with an outstanding balance of restitution ordered by the court served by such clerk. Such report shall include the defendant’s name, case number, total amount of restitution ordered, amount of restitution remaining due, and last date of payment; and2\n\nA list of all accounts where more than 90 days have passed since an account was sent to collections and no payments have been made toward fines, costs, forfeitures, penalties, or restitution. For accounts where restitution is owed, such report shall include the defendant’s name, case number, and total amount of restitution and restitution interest due.C\n\nIt shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties and restitution. The attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for such service to be rendered by the office of the attorney for the Commonwealth. If the defendant does not enter into an installment payment agreement under § 19.2-354, the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 90 days after judgment.\n\t\t\tIf the attorney for the Commonwealth does not undertake collection, he shall (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board. At least 30 days prior to the execution of a contract pursuant to clause (i), the attorney for the Commonwealth shall consult with the clerk of the circuit court. Such consultation is not required when the attorney for the Commonwealth enters into an agreement pursuant to clause (ii), (iii), or (iv). If the attorney for the Commonwealth undertakes collection, he shall follow the procedures established by the Department of Taxation and the Compensation Board. Such guidelines shall not supersede contracts between attorneys for the Commonwealth and private attorneys and collection agencies when active collection efforts are being undertaken. As part of such contract, private attorneys or collection agencies shall be given access to the social security number of the defendant in order to assist in the collection effort. Any such private attorney shall be subject to the penalties and provisions of § 18.2-186.3.\n\t\t\tThe fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the attorney for the Commonwealth may collect the administrative fee authorized by § 58.1-3958.D\n\nThe Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment which remains unsatisfied or does not meet the conditions of § 19.2-354. Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1. The Department of Taxation and the State Compensation Board shall establish procedures to be followed by clerks of courts, attorneys for the Commonwealth, other state agencies and any private attorneys or collection agents and may employ private attorneys or collection agencies, or engage other state agencies to collect the judgment. The Department of Taxation and the Commonwealth shall be entitled to deduct a fee for services from amounts collected for violations of local ordinances.\n\t\t\tThe Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354 by each circuit and district court. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court and the General Assembly as to the adherence of clerks of courts, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.\n\t\t\tThe Office of the Executive Secretary of the Supreme Court shall annually report to the Governor, the General Assembly, the Chairmen of the House and Senate Committees for Courts of Justice, and the Virginia State Crime Commission on the total of restitution assessed, collected, and unpaid for each circuit and district court and the total of restitution collected and deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of § 19.2-305.1 by each circuit and district court.E\n\nThe provisions of this section shall not apply to any orders of restitution docketed in the name of the victim or when it is ordered that an assignment of the judgment for restitution to the victim be docketed.","order_by":null,"text":{"0":{"id":290093,"text":"The clerk of the circuit court and district court of every county and city shall submit to the judge of his court, the Department of Taxation, the State Compensation Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 90 days, including court-ordered restitution of a sum certain, imposed in his court for a violation of state law or a local ordinance which remain unsatisfied, including those which are delinquent in installment payments. The monthly report shall include the social security number or driver’s license number of the defendant, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court’s automated information system.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290094,"text":"The clerk of the circuit court and district court of every county and city shall submit quarterly to the attorney for the Commonwealth of his county or city and any probation agency that serves such county or city:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":290095,"text":"A list of all defendants with an outstanding balance of restitution ordered by the court served by such clerk. Such report shall include the defendant’s name, case number, total amount of restitution ordered, amount of restitution remaining due, and last date of payment; and","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":290096,"text":"A list of all accounts where more than 90 days have passed since an account was sent to collections and no payments have been made toward fines, costs, forfeitures, penalties, or restitution. For accounts where restitution is owed, such report shall include the defendant’s name, case number, and total amount of restitution and restitution interest due.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":290097,"text":"It shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties and restitution. The attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for such service to be rendered by the office of the attorney for the Commonwealth. If the defendant does not enter into an installment payment agreement under § 19.2-354, the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 90 days after judgment.\n\t\t\tIf the attorney for the Commonwealth does not undertake collection, he shall (i) contract with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General, the Executive Secretary of the Supreme Court with the Department of Taxation and the Compensation Board. At least 30 days prior to the execution of a contract pursuant to clause (i), the attorney for the Commonwealth shall consult with the clerk of the circuit court. Such consultation is not required when the attorney for the Commonwealth enters into an agreement pursuant to clause (ii), (iii), or (iv). If the attorney for the Commonwealth undertakes collection, he shall follow the procedures established by the Department of Taxation and the Compensation Board. Such guidelines shall not supersede contracts between attorneys for the Commonwealth and private attorneys and collection agencies when active collection efforts are being undertaken. As part of such contract, private attorneys or collection agencies shall be given access to the social security number of the defendant in order to assist in the collection effort. Any such private attorney shall be subject to the penalties and provisions of § 18.2-186.3.\n\t\t\tThe fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to an agreement with the attorney for the Commonwealth may collect the administrative fee authorized by § 58.1-3958.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"5":{"id":290098,"text":"The Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment which remains unsatisfied or does not meet the conditions of § 19.2-354. Persons owing such unsatisfied judgments or failing to comply with installment payment agreements under § 19.2-354 shall be subject to the delinquent tax collection provisions of Title 58.1. The Department of Taxation and the State Compensation Board shall establish procedures to be followed by clerks of courts, attorneys for the Commonwealth, other state agencies and any private attorneys or collection agents and may employ private attorneys or collection agencies, or engage other state agencies to collect the judgment. The Department of Taxation and the Commonwealth shall be entitled to deduct a fee for services from amounts collected for violations of local ordinances.\n\t\t\tThe Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354 by each circuit and district court. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court and the General Assembly as to the adherence of clerks of courts, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.\n\t\t\tThe Office of the Executive Secretary of the Supreme Court shall annually report to the Governor, the General Assembly, the Chairmen of the House and Senate Committees for Courts of Justice, and the Virginia State Crime Commission on the total of restitution assessed, collected, and unpaid for each circuit and district court and the total of restitution collected and deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of § 19.2-305.1 by each circuit and district court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":290099,"text":"The provisions of this section shall not apply to any orders of restitution docketed in the name of the victim or when it is ordered that an assignment of the judgment for restitution to the victim be docketed.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15851,"edition_id":1,"name":"Collection and Disposition of Fines","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":14348,"metadata":{},"date_created":"2026-06-26 04:00:31","date_modified":"2026-06-26 04:00:31","permalink":{"id":170015,"object_type":"structure","relational_id":15851,"identifier":"3","token":"19.2\/21\/3","url":"\/19.2\/21\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14348,"edition_id":1,"name":"Recovery of Fines and Penalties","identifier":"21","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:47:50","date_modified":"2026-06-26 03:47:50","permalink":{"id":169977,"object_type":"structure","relational_id":14348,"identifier":"21","token":"19.2\/21","url":"\/19.2\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85694,"structure_id":15851,"section_number":"19.2-348","catch_line":"Attorneys for Commonwealth or clerks to superintend issue of executions, etc","url":"\/19.2-348\/","token":"19.2\/21\/3\/19.2-348","metadata":false},{"id":80926,"structure_id":15851,"section_number":"19.2-349","catch_line":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","url":"\/19.2-349\/","token":"19.2\/21\/3\/19.2-349","metadata":false},{"id":75946,"structure_id":15851,"section_number":"19.2-349.1","catch_line":"Receipt of unpaid fines, costs, forfeitures, penalties, or restitution by Department of Motor Vehicles","url":"\/19.2-349.1\/","token":"19.2\/21\/3\/19.2-349.1","metadata":false},{"id":78545,"structure_id":15851,"section_number":"19.2-350","catch_line":"When sheriff not to receive fines","url":"\/19.2-350\/","token":"19.2\/21\/3\/19.2-350","metadata":false},{"id":84581,"structure_id":15851,"section_number":"19.2-351","catch_line":"How fines disposed of; informer","url":"\/19.2-351\/","token":"19.2\/21\/3\/19.2-351","metadata":false},{"id":70306,"structure_id":15851,"section_number":"19.2-352","catch_line":"Officers to pay fines to clerks; default; forfeiture, etc","url":"\/19.2-352\/","token":"19.2\/21\/3\/19.2-352","metadata":false},{"id":68447,"structure_id":15851,"section_number":"19.2-353","catch_line":"Certain fines paid into Literary Fund","url":"\/19.2-353\/","token":"19.2\/21\/3\/19.2-353","metadata":false},{"id":66634,"structure_id":15851,"section_number":"19.2-353.1","catch_line":"Fieri facias and proceedings thereon","url":"\/19.2-353.1\/","token":"19.2\/21\/3\/19.2-353.1","metadata":false},{"id":78736,"structure_id":15851,"section_number":"19.2-353.2","catch_line":"Repealed","url":"\/19.2-353.2\/","token":"19.2\/21\/3\/19.2-353.2","metadata":false},{"id":80714,"structure_id":15851,"section_number":"19.2-353.3","catch_line":"Acceptance of checks and credit or debit cards in lieu of money; additional fee","url":"\/19.2-353.3\/","token":"19.2\/21\/3\/19.2-353.3","metadata":false},{"id":61198,"structure_id":15851,"section_number":"19.2-353.4","catch_line":"Repealed","url":"\/19.2-353.4\/","token":"19.2\/21\/3\/19.2-353.4","metadata":false},{"id":62533,"structure_id":15851,"section_number":"19.2-353.5","catch_line":"Interest on fines and costs","url":"\/19.2-353.5\/","token":"19.2\/21\/3\/19.2-353.5","metadata":false}],"previous_section":{"id":85694,"structure_id":15851,"section_number":"19.2-348","catch_line":"Attorneys for Commonwealth or clerks to superintend issue of executions, etc","url":"\/19.2-348\/","token":"19.2\/21\/3\/19.2-348","metadata":false},"next_section":{"id":75946,"structure_id":15851,"section_number":"19.2-349.1","catch_line":"Receipt of unpaid fines, costs, forfeitures, penalties, or restitution by Department of Motor Vehicles","url":"\/19.2-349.1\/","token":"19.2\/21\/3\/19.2-349.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-349\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495; in 1979, chapter 469; in 1983, chapters 415 and 499; in 1988, chapters 742, 750, 770, and 852; in 1991, chapter 202; in 1992, chapter 623; in 1993, chapter 269; in 1994, chapters 841<\/a> and 945<\/a>; in 2001, chapter 414<\/a>; in 2003, chapter 262<\/a>; in 2006, chapter 359<\/a>; in 2007, chapter 551<\/a>; in 2012, chapter 615<\/a>; in 2017, chapters 786<\/a>, 802<\/a>, 806<\/a>, and 814<\/a>; in 2018, chapters 724<\/a> and 725<\/a>; in 2024, chapter 518<\/a>.<\/p>","references":[{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"},{"id":55661,"section_number":"19.2-354.1","catch_line":"Deferred or installment payment agreements","order_by":null,"url":"\/19.2-354.1\/"},{"id":84075,"section_number":"19.2-392.13","catch_line":"(Effective July 1, 2026) Disposition of records when an offense is sealed; permitted uses of sealed records","order_by":null,"url":"\/19.2-392.13\/"}],"refers_to":[{"id":73403,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","order_by":null,"url":"\/18.2-186.3\/"},{"id":82621,"section_number":"19.2-305.1","catch_line":"Restitution for property damage or loss; community service","order_by":null,"url":"\/19.2-305.1\/"},{"id":81152,"section_number":"19.2-354","catch_line":"Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment","order_by":null,"url":"\/19.2-354\/"},{"id":57268,"section_number":"58.1-520","catch_line":"(Contingent effective date) Definitions","order_by":null,"url":"\/58.1-520\/"}],"permalink":{"id":170021,"object_type":"law","relational_id":80926,"identifier":"19.2-349","token":"19.2\/21\/3\/19.2-349","url":"\/19.2-349\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-349\/","token":"19.2\/21\/3\/19.2-349","dublin_core":{"Title":"Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-349","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The clerk of the circuit<\/span> court<\/span> and district court<\/span> of every county and city shall submit to the judge<\/span> of his court<\/span>, the Department of Taxation, the State Compensation Board and the attorney for the Commonwealth of his county or city a monthly report of all fines, costs, forfeitures and penalties which are delinquent more than 90 days, including court<\/span>-ordered restitution<\/span> of a sum certain, imposed in his court<\/span> for a violation of state law<\/span> or a local ordinance<\/span> which remain unsatisfied, including those which are delinquent in installment payments. The monthly report shall include the social security number or driver’s license number of the defendant<\/span>, if known, and such other information as the Department of Taxation and the Compensation Board deem appropriate. The Executive Secretary shall make the report required by this subsection on behalf of those clerks who participate in the Supreme Court<\/span>’s automated information system. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The clerk of the circuit<\/span> court<\/span> and district court<\/span> of every county and city shall submit quarterly to the attorney for the Commonwealth of his county or city and any probation<\/span> agency that serves such county or city: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A list of all defendants<\/span> with an outstanding balance of restitution<\/span> ordered by the court<\/span> served by such clerk. Such report shall include the defendant<\/span>’s name, case number, total amount of restitution<\/span> ordered, amount of restitution<\/span> remaining due, and last date of payment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A list of all accounts where more than 90 days have passed since an account was sent to collections and no payments have been made toward fines, costs, forfeitures, penalties, or restitution<\/span>. For accounts where restitution<\/span> is owed, such report shall include the defendant<\/span>’s name, case number, and total amount of restitution<\/span> and restitution<\/span> interest due. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It shall be the duty of the attorney for the Commonwealth to cause proper proceedings to be instituted for the collection and satisfaction of all fines, costs, forfeitures, penalties and restitution<\/span>. The attorney for the Commonwealth shall determine whether it would be impractical or uneconomical for such service to be rendered by the office of the attorney for the Commonwealth. If the defendant<\/span> does not enter into an installment payment agreement under § 19.2-354<\/a>, the attorney for the Commonwealth and the clerk may agree to a process by which collection activity may be commenced 90 days after judgment<\/span>.\n\t\t\tIf the attorney for the Commonwealth does not undertake collection, he shall (i) contract<\/span> with private attorneys or private collection agencies, (ii) enter into an agreement with a local governing body, (iii) enter into an agreement with the county or city treasurer, or (iv) use the services of the Department of Taxation, upon such terms and conditions as may be established by guidelines promulgated by the Office of the Attorney General<\/span>, the Executive Secretary of the Supreme Court<\/span> with the Department of Taxation and the Compensation Board. At least 30 days prior to the execution of a contract<\/span> pursuant to clause (i), the attorney for the Commonwealth shall consult with the clerk of the circuit<\/span> court<\/span>. Such consultation is not required when the attorney for the Commonwealth enters into an agreement pursuant to clause (ii), (iii), or (iv). If the attorney for the Commonwealth undertakes collection, he shall follow the procedures established by the Department of Taxation and the Compensation Board. Such guidelines shall not supersede contracts<\/span> between attorneys for the Commonwealth and private attorneys and collection agencies when active collection efforts are being undertaken. As part of such contract<\/span>, private attorneys or collection agencies shall be given access to the social security number of the defendant<\/span> in order<\/span> to assist in the collection effort. Any such private attorney shall be subject to the penalties and provisions of § 18.2-186.3<\/a>.\n\t\t\tThe fees of any private attorneys or collection agencies shall be paid on a contingency fee basis out of the proceeds of the amounts collected. However, in no event shall such attorney or collection agency receive a fee for amounts collected by the Department of Taxation under the Setoff Debt Collection Act (§ 58.1-520<\/a> et seq.). A local treasurer undertaking collection pursuant to an agreement with the attorney for the Commonwealth may collect the administrative fee authorized by § 58.1-3958<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department of Taxation and the State Compensation Board shall be responsible for the collection of any judgment<\/span> which remains unsatisfied or does not meet the conditions of § 19.2-354<\/a>. Persons owing such unsatisfied judgments<\/span> or failing to comply with installment payment agreements under § 19.2-354<\/a> shall be subject to the delinquent tax collection provisions of Title 58.1. The Department of Taxation and the State Compensation Board shall establish procedures to be followed by clerks of courts<\/span>, attorneys for the Commonwealth, other state agencies and any private attorneys or collection agents and may employ private attorneys or collection agencies, or engage other state agencies to collect the judgment<\/span>. The Department of Taxation and the Commonwealth shall be entitled to deduct a fee for services from amounts collected for violations of local ordinances<\/span>.\n\t\t\tThe Department of Taxation and the State Compensation Board shall annually report to the Governor and the General Assembly the total of fines, costs, forfeitures and penalties assessed, collected, and unpaid and those which remain unsatisfied or do not meet the conditions of § 19.2-354<\/a> by each circuit<\/span> and district court<\/span>. The report shall include the procedures established by the Department of Taxation and the State Compensation Board pursuant to this section and a plan for increasing the collection of unpaid fines, costs, forfeitures and penalties. The Auditor of Public Accounts shall annually report to the Governor, the Executive Secretary of the Supreme Court<\/span> and the General Assembly as to the adherence of clerks of courts<\/span>, attorneys for the Commonwealth and other state agencies to the procedures established by the Department of Taxation and the State Compensation Board.\n\t\t\tThe Office of the Executive Secretary of the Supreme Court<\/span> shall annually report to the Governor, the General Assembly, the Chairmen of the House and Senate Committees for Courts<\/span> of Justice, and the Virginia State Crime<\/span> Commission on the total of restitution<\/span> assessed, collected, and unpaid for each circuit<\/span> and district court<\/span> and the total of restitution<\/span> collected and deposited into the Criminal Injuries Compensation Fund pursuant to subsection I of § 19.2-305.1<\/a> by each circuit<\/span> and district court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this section shall not apply to any orders<\/span> of restitution<\/span> docketed in the name of the victim or when it is ordered that an assignment of the judgment<\/span> for restitution<\/span> to the victim be docketed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESPONSIBILITY FOR COLLECTIONS; CLERKS TO REPORT UNSATISFIED FINES, ETC.; DUTY\nOF ATTORNEYS FOR COMMONWEALTH; DUTIES OF DEPARTMENT OF TAXATION (\u00a7 19.2-349)\n\nA. The clerk of the circuit court and district court of every county and city\nshall submit to the judge of his court, the Department of Taxation, the State\nCompensation Board and the attorney for the Commonwealth of his county or city a\nmonthly report of all fines, costs, forfeitures and penalties which are\ndelinquent more than 90 days, including court-ordered restitution of a sum\ncertain, imposed in his court for a violation of state law or a local ordinance\nwhich remain unsatisfied, including those which are delinquent in installment\npayments. The monthly report shall include the social security number or\ndriver’s license number of the defendant, if known, and such other\ninformation as the Department of Taxation and the Compensation Board deem\nappropriate. The Executive Secretary shall make the report required by this\nsubsection on behalf of those clerks who participate in the Supreme\nCourt’s automated information system.\n\nB. The clerk of the circuit court and district court of every county and city\nshall submit quarterly to the attorney for the Commonwealth of his county or\ncity and any probation agency that serves such county or city:\n\n 1. A list of all defendants with an outstanding balance of restitution ordered\n by the court served by such clerk. Such report shall include the\n defendant’s name, case number, total amount of restitution ordered,\n amount of restitution remaining due, and last date of payment; and\n\n 2. A list of all accounts where more than 90 days have passed since an account\n was sent to collections and no payments have been made toward fines, costs,\n forfeitures, penalties, or restitution. For accounts where restitution is\n owed, such report shall include the defendant’s name, case number, and\n total amount of restitution and restitution interest due.\n\nC. It shall be the duty of the attorney for the Commonwealth to cause proper\nproceedings to be instituted for the collection and satisfaction of all fines,\ncosts, forfeitures, penalties and restitution. The attorney for the Commonwealth\nshall determine whether it would be impractical or uneconomical for such service\nto be rendered by the office of the attorney for the Commonwealth. If the\ndefendant does not enter into an installment payment agreement under §\n19.2-354, the attorney for the Commonwealth and the clerk may agree to a process\nby which collection activity may be commenced 90 days after judgment.\n\t\t\tIf the attorney for the Commonwealth does not undertake collection, he shall\n(i) contract with private attorneys or private collection agencies, (ii) enter\ninto an agreement with a local governing body, (iii) enter into an agreement\nwith the county or city treasurer, or (iv) use the services of the Department of\nTaxation, upon such terms and conditions as may be established by guidelines\npromulgated by the Office of the Attorney General, the Executive Secretary of\nthe Supreme Court with the Department of Taxation and the Compensation Board. At\nleast 30 days prior to the execution of a contract pursuant to clause (i), the\nattorney for the Commonwealth shall consult with the clerk of the circuit court.\nSuch consultation is not required when the attorney for the Commonwealth enters\ninto an agreement pursuant to clause (ii), (iii), or (iv). If the attorney for\nthe Commonwealth undertakes collection, he shall follow the procedures\nestablished by the Department of Taxation and the Compensation Board. Such\nguidelines shall not supersede contracts between attorneys for the Commonwealth\nand private attorneys and collection agencies when active collection efforts are\nbeing undertaken. As part of such contract, private attorneys or collection\nagencies shall be given access to the social security number of the defendant in\norder to assist in the collection effort. Any such private attorney shall be\nsubject to the penalties and provisions of § 18.2-186.3.\n\t\t\tThe fees of any private attorneys or collection agencies shall be paid on a\ncontingency fee basis out of the proceeds of the amounts collected. However, in\nno event shall such attorney or collection agency receive a fee for amounts\ncollected by the Department of Taxation under the Setoff Debt Collection Act\n(§ 58.1-520 et seq.). A local treasurer undertaking collection pursuant to\nan agreement with the attorney for the Commonwealth may collect the\nadministrative fee authorized by § 58.1-3958.\n\nD. The Department of Taxation and the State Compensation Board shall be\nresponsible for the collection of any judgment which remains unsatisfied or does\nnot meet the conditions of § 19.2-354. Persons owing such unsatisfied\njudgments or failing to comply with installment payment agreements under §\n19.2-354 shall be subject to the delinquent tax collection provisions of Title\n58.1. The Department of Taxation and the State Compensation Board shall\nestablish procedures to be followed by clerks of courts, attorneys for the\nCommonwealth, other state agencies and any private attorneys or collection\nagents and may employ private attorneys or collection agencies, or engage other\nstate agencies to collect the judgment. The Department of Taxation and the\nCommonwealth shall be entitled to deduct a fee for services from amounts\ncollected for violations of local ordinances.\n\t\t\tThe Department of Taxation and the State Compensation Board shall annually\nreport to the Governor and the General Assembly the total of fines, costs,\nforfeitures and penalties assessed, collected, and unpaid and those which remain\nunsatisfied or do not meet the conditions of § 19.2-354 by each circuit and\ndistrict court. The report shall include the procedures established by the\nDepartment of Taxation and the State Compensation Board pursuant to this section\nand a plan for increasing the collection of unpaid fines, costs, forfeitures and\npenalties. The Auditor of Public Accounts shall annually report to the Governor,\nthe Executive Secretary of the Supreme Court and the General Assembly as to the\nadherence of clerks of courts, attorneys for the Commonwealth and other state\nagencies to the procedures established by the Department of Taxation and the\nState Compensation Board.\n\t\t\tThe Office of the Executive Secretary of the Supreme Court shall annually\nreport to the Governor, the General Assembly, the Chairmen of the House and\nSenate Committees for Courts of Justice, and the Virginia State Crime Commission\non the total of restitution assessed, collected, and unpaid for each circuit and\ndistrict court and the total of restitution collected and deposited into the\nCriminal Injuries Compensation Fund pursuant to subsection I of §\n19.2-305.1 by each circuit and district court.\n\nE. The provisions of this section shall not apply to any orders of restitution\ndocketed in the name of the victim or when it is ordered that an assignment of\nthe judgment for restitution to the victim be docketed.\n\nHISTORY: Code 1950, \u00a7 19.1-341.2; 1960, c. 366; 1975, c. 495; 1979, c. 469;\n1983, cc. 415, 499; 1988, cc. 742, 750, 770, 852; 1991, c. 202; 1992, c. 623;\n1993, c. 269; 1994, cc. 841, 945; 2001, c. 414; 2003, c. 262; 2006, c. 359;\n2007, c. 551; 2012, c. 615; 2017, cc. 786, 802, 806, 814; 2018, cc. 724, 725;\n2021, Sp. Sess. I, cc. 190, 393; 2024, c. 518.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}