                                 CODE OF VIRGINIA

RESPONSIBILITY FOR COLLECTIONS; CLERKS TO REPORT UNSATISFIED FINES, ETC.; DUTY
OF ATTORNEYS FOR COMMONWEALTH; DUTIES OF DEPARTMENT OF TAXATION (§ 19.2-349)

A. 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&#8217;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&#8217;s automated information system.

B. 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:

   1. 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&#8217;s name, case number, total amount of restitution ordered,
   amount of restitution remaining due, and last date of payment; and

   2. 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&#8217;s name, case number, and
   total amount of restitution and restitution interest due.

C. 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 &#xA7;
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.
			If 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 &#xA7; 18.2-186.3.
			The 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
(&#xA7; 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 &#xA7; 58.1-3958.

D. 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 &#xA7; 19.2-354. Persons owing such unsatisfied
judgments or failing to comply with installment payment agreements under &#xA7;
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.
			The 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 &#xA7; 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.
			The 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 &#xA7;
19.2-305.1 by each circuit and district court.

E. 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.

HISTORY: Code 1950, § 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.