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posted November 01, 2005 10:51
CCP Art. 102.072 authorizes officers listed in Art. 103.003, which includes District and County Attorneys, to collect a $2.00 fee for each transaction relating to the collection of fines, fees, restitution, or other costs imposed by a court. Would this apply to hot check collections? Are any of you charging the $2.00 fee in addition to the other statutory amounts on hot checks?
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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posted November 01, 2005 13:37Hide Post
Most of our restitution payments are in lieu of filing the case in court, so those payments are not "imposed by a court".

With regard to post-filing payments of restitution, we have not been collecting the extra $2. I had not read Article 102.072 until yesterday, when a prosecutor from another county pointed it out to me.

If our position changes, I will let you know.
 
Posts: 71 | Location: Houston, Texas, USA | Registered: January 24, 2003Reply With QuoteReport This Post
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posted November 01, 2005 14:52Hide Post
Bell County is collecting the $2 transaction fee with each visit to the Hot Check Department for payment.
 
Posts: 171 | Location: Belton, Texas, USA | Registered: April 26, 2001Reply With QuoteReport This Post
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posted November 01, 2005 15:28Hide Post
I knew I started something when no one had seen that particular provision. Everyone I called had not seen it or was not collecting it. I found an old letter from our county's budget officer indicating the fee should go into the general fund as opposed to the check division. I didn't see any language on that though.
 
Posts: 73 | Location: Richmond, TX | Registered: January 06, 2004Reply With QuoteReport This Post
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