§ 12-9. Municipal court collection fees.

(a)

An additional collection fee of thirty (30) percent on each of the following items is authorized if the item is more than sixty (60) days past due and has been referred to the attorney or vendor for collection:

(1)

Debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the municipal court for the City of Irving or a hearing officer serving the City of Irving under V.T.C.A., Transportation Code Ch. 682; and

(2)

Amounts in cases in which the accused has failed to appear:

a.

As promised under V.T.C.A., Transportation Code Ch. 543, subchapter A, or other law;

b.

In compliance with a lawful written notice to appear issued under article 14.06(b) or other law;

c.

In compliance with a lawful summons issued under article 15.03(b) or other law;

d.

In compliance with a lawful order of a court serving the county or municipality; or

e.

As specified in a citation, summons, or other notice authorized by the V.T.C.A., Transportation Code § 682.002 that charges the accused with parking or stopping offense.

(b)

With respect to cases described by subsection (2) above, the amount to which the thirty (30) percent collection fee applies is:

(1)

The amount to be paid that is communicated to the accused as acceptable to the court under its standard policy for resolution of the case; or

(2)

The amount ordered paid by the court after plea or trial.

(c)

An item subject to collection services and the collection fee under this section is considered more than sixty (60) days past due under subsection (a) if it remains unpaid on the sixty-first day after the following appropriate date:

(1)

With respect to an item described by subsection (a)(1), the date on which the debt, fine, fee, forfeited bond, or court cost must be paid in full as determined by the court or hearing officer; or

(2)

With respect to an item described by subsection (a)(2), the date by which the accused promised to appear or was notified, summoned, or ordered to appear.

(d)

A defendant is not liable for the collection fees authorized under this section if the court of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs.

(e)

If the City of Irving has entered into a contract for collection services and a person pays an amount that is less than the aggregate total to be collected under the contract and including the collection fee, then the allocation to the comptroller, the county or municipality, and the private attorney or vendor shall be reduced proportionately.

(f)

The collection fee does not apply to the collection of commercial bail bonds.

(g)

Time served and community service. The collection fee may be applied to any balance remaining after a partial credit for time served or community service if the balance is more than sixty (60) days past due.

(h)

Calculation of collection fee. Unless the contract with the collecting entity provides otherwise, the Irving Municipal Court shall calculate the amount of any collection fee due to the City of Irving or to the private attorney or public or private vendor performing the collection services and shall receive all fees, including the collection fee.

(Ord. No. 2011-9266, § 1, 7-7-11)