Supreme Court of Missouri
en banc
April 14, 2011
Effective January 1, 2012
Effective January 1, 2012
In re:
Adoption of subdivision 21.07, entitled "Participation in Court Debt Collection Program;" subdivision 21.08, entitled "Settlement Agreements Offered by Debt Collection Program;" subdivision 21.09, entitled "Payment Plans;" subdivision 21.10, entitled "Debit and Credit Cards;" subdivision 21.11, entitled "Administrative Plan for Collection of Court Debt;" subdivision 21.12, entitled "Fine Collection Center;" and subdivision 21.13, entitled "Time Payment Fee," of Court Operating Rule 21, entitled "Court Costs, Fees, Miscellaneous Charges, and Surcharges."
ORDER
1. It is ordered that effective January 1, 2012, subdivision 21.07, subdivision 21.08, subdivision 21.09, subdivision 21.10, subdivision 21.11, subdivision 21.12, and subdivision 21.13 of Court Operating Rule 21 be and the same are hereby adopted to read as follows:
COURT OPERATING RULE 21.07 - PARTICIPATION IN COURT DEBT COLLECTION PROGRAM
All divisions of the circuit courts using JIS shall participate in the Missouri court debt collection program for the collection of accounts receivable. Participation in the program requires such divisions to create payment plans in JIS for all amounts not paid in full at case disposition. Participation also requires such divisions to obtain the debtors’ social security number and ensure the number is recorded accurately in JIS before granting a payment plan.
COURT OPERATING RULE 21.08 - SETTLEMENT AGREEMENTS OFFERED BY DEBT COLLECTION PROGRAM
All courts may offer settlement agreements through the state contracted debt collection agency. The settlement agreements shall comply with the policies and procedures established by the court en banc for each circuit. Any waiver of fees must be approved by the judge presiding over the case.
COURT OPERATING RULE 21.09 - PAYMENT PLANS
The court en banc for each circuit utilizing JIS shall establish payment plan policies and procedures. The policies and procedures should address at least the effective date, the minimum payment at case disposition and prior to granting a payment plan, and the minimum monthly payment to ensure the repayment time frame is reasonable.
COURT OPERATING RULE 21.10 - DEBIT AND CREDIT CARDS
All divisions of the circuit courts, except municipal divisions, shall accept debit and credit cards. The divisions may contract with a debit/credit card vendor or use the state contracted vendor. Municipal divisions are encouraged to accept debit and credit cards.
COURT OPERATING RULE 21.11 - ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT
All circuit courts shall develop a formal administrative plan for collection of court debt. The plan shall be reviewed and evaluated annually to ensure results are consistent with the plan objectives. The plans should address at least the following topics: settlement agreements, payment plans, coordination with probation and parole, collection of board bills, review and write off of accounts receivables deemed uncollectible, and sanctions for non-payment of debt.
COURT OPERATING RULE 21.12 - FINE COLLECTION CENTER
All divisions of the circuit courts, except municipal divisions, shall participate in the fine collection center.
COURT OPERATING RULE 21.13 - TIME PAYMENT FEE
All divisions of the circuit courts, except municipal divisions, shall assess a $25 time payment fee on all cases not paid in full within 30 days of disposition.
2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.All divisions of the circuit courts using JIS shall participate in the Missouri court debt collection program for the collection of accounts receivable. Participation in the program requires such divisions to create payment plans in JIS for all amounts not paid in full at case disposition. Participation also requires such divisions to obtain the debtors’ social security number and ensure the number is recorded accurately in JIS before granting a payment plan.
COURT OPERATING RULE 21.08 - SETTLEMENT AGREEMENTS OFFERED BY DEBT COLLECTION PROGRAM
All courts may offer settlement agreements through the state contracted debt collection agency. The settlement agreements shall comply with the policies and procedures established by the court en banc for each circuit. Any waiver of fees must be approved by the judge presiding over the case.
COURT OPERATING RULE 21.09 - PAYMENT PLANS
The court en banc for each circuit utilizing JIS shall establish payment plan policies and procedures. The policies and procedures should address at least the effective date, the minimum payment at case disposition and prior to granting a payment plan, and the minimum monthly payment to ensure the repayment time frame is reasonable.
COURT OPERATING RULE 21.10 - DEBIT AND CREDIT CARDS
All divisions of the circuit courts, except municipal divisions, shall accept debit and credit cards. The divisions may contract with a debit/credit card vendor or use the state contracted vendor. Municipal divisions are encouraged to accept debit and credit cards.
COURT OPERATING RULE 21.11 - ADMINISTRATIVE PLAN FOR COLLECTION OF COURT DEBT
All circuit courts shall develop a formal administrative plan for collection of court debt. The plan shall be reviewed and evaluated annually to ensure results are consistent with the plan objectives. The plans should address at least the following topics: settlement agreements, payment plans, coordination with probation and parole, collection of board bills, review and write off of accounts receivables deemed uncollectible, and sanctions for non-payment of debt.
COURT OPERATING RULE 21.12 - FINE COLLECTION CENTER
All divisions of the circuit courts, except municipal divisions, shall participate in the fine collection center.
COURT OPERATING RULE 21.13 - TIME PAYMENT FEE
All divisions of the circuit courts, except municipal divisions, shall assess a $25 time payment fee on all cases not paid in full within 30 days of disposition.
3. It is ordered that this order be published in the South Western Reporter.
4. The state courts administrator shall provide copies of this order to every presiding circuit court judge and circuit clerk and such other persons as the administrator deems appropriate.
Day - to - Day
__________________________
MARY R. RUSSELL
Acting Chief Justice