§ 9730.1. Collection of court costs, restitution and fines by private collection agency
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial ProcedureEffective: March 3, 2023
Effective: March 3, 2023
42 Pa.C.S.A. § 9730.1
§ 9730.1. Collection of court costs, restitution and fines by private collection agency
(a) Generally.--In accordance with section 9730(b) (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.
(c.1) Credit reporting.--A private collection agency may not share information with a consumer reporting agency regarding a defendant's failure to pay costs, fines and restitution unless a financial determination hearing has been conducted in accordance with section 9730(b) and the issuing authority, senior judge or senior magisterial district judge has determined that the defendant is financially able to pay the costs, fines and restitution.
“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.
“Consumer reporting agency.” As defined in section 603(f) of the Fair Credit Reporting Act (Public Law 91-508, 15 U.S.C. § 1681a(f)).
“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.
Credits
1996, July 11, P.L. 607, No. 104, § 8, effective in 60 days. Amended 1998, June 18, P.L. 640, No. 84, § 4, effective in 120 days; 2012, May 17, P.L. 260, No. 41, § 1, effective in 60 days [July 16, 2012]; 2022, Nov. 3, P.L. 2175, No. 163, § 2, effective in 120 days [March 3, 2023].
42 Pa.C.S.A. § 9730.1, PA ST 42 Pa.C.S.A. § 9730.1
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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