Brazoria County Collection Process Presented by: Gail Grigsby Collections Supervisor of Brazoria County
Collection Staff The wonderful ladies that work in my office. We were having fun at our Christmas party.
We collect for the following Criminal Courts Four County Courts and Juvenile Courts: County Court At Law 1 Judge Jerri Lee Mills County Court At Law 2 Judge Marc Holder County Court At Law 3 Judge Jeremy Warren County Court At Law 4 Judge Lori Rickert Five District Courts: 149 th District Court Judge Teri Holder 239 th District Court Judge Pat Sebesta 300 th District Court Judge Randy Hufstetler 412 th District Court Judge Ed Denman 23 rd District Court Judge Ben Hardin
Fast Forward to August 19, 2016
Meetings We asked for a meeting with the Judges. We attended a couple of Judges Meetings to Discuss changes.
As a result of the meetings, we now have new court collection rules.
Collection Rules for County Courts All pleas going through collections are required to put a down payment down. The minimum is $50.00 due that day or next business day. All Class C s have to pay in full the day of plea this would include Class C Appeals from J.P. s. All Out of County pleas (except for probation cases) have to pay in full the day of plea. Payment Plans defendant will be interviewed in court and their ability to pay will be determined. They have the following options: Collection Rules for County and Felony Courts Brazoria County Standard Plan of at least $100 per month. May exceed the $100.00 per month due to probation term limitations. Court Ordered Plan Payment will be negotiated with the collector in the courtroom and ordered by the Judge. If the defendant is ordered to pay in full and does not have their money, they may complete the Stay of Execution form. This will allow the defendant to leave to retrieve their money and be back by 3:30 that day. If not paid, collections department will send a hearing notice and if the defendant fails to pay or appear a Capias Pro Fine will be issued. A docket entry will be required by the Judge if there are any special exceptions to the above rules.
The collector will now be present in the courtroom and interview the client to determine their ability to pay before the plea.
We created a new form called Payment Plan Acceptance Order. This form is completed for all pleas, and all pertinent information is on the form for the Judge to review and sign at the time of plea.
Payment Plan Acceptance Order Defendant: Cause Number: I agree to the following and the Court so orders: Pay in full date of plea Brazoria County Standard Payment Plan of at least $100.00 per month. May exceed the $100.00 per month due to probation term limitations. Court Ordered Plan Payments to be $ per month as ordered by Judge May exceed this amount due to probation term limitations if attorney s fees are taxed as cost. Other Explanation: Case Dismissed Cost to run concurrent TDCJ State Jail With jail time Defendant s Signature Date Court Clerk/Collector s Signature Date Attorney if applicable Date Judge s Signature Date
The next step was our current application. With the rule changes, it did not have all the required components. So, we completely did away with our application and created a new one.
September 2017 brought more changes. Collection changes: You now have to give the defendant a hearing before you can issue a capias pro fine. These hearings must also be reported. AND: Jail credit is now $100 per day.
How the Process Works
Sample Court Calendar I keep a monthly calendar with all the dockets listed. I then assign a collector to that docket.
Collections Court Clerk Procedures for Completing Application and Payment Plan Acceptance Order The law changed effective January 1, 2017. With this change a collector will now go to court and interview the defendant and determine his/her ability to pay fine and court cost. The defendant will complete an application and be interviewed if allowed to go on a payment plan. You will also have to complete The Payment Plan Acceptance Form (See Attachment One). While in court, it is our goal not to slow down the process of pleas. Misdemeanor Pleas The defendant or Attorney will visit with the District Attorney s office and work out a plea for the defendant. Once a plea bargain has been worked out, the DA will write the plea in the DA s black file and circle it. The file will then be given to the Collection Clerk. Collections Clerk will do the following: 1. When you receive the black file from the DA or Attorney, you will need to look at the plea located on the left hand side of the folder. NOTE: If there is not a plea circled, go check with the DA do not assume that is the plea. 2. You will put the name and cause number on the mint green Payment Plan Acceptance order. 3. On the back of the order, at the bottom, write what the defendant has pled to. IE: 12month prob, $300 Fine + Court Cost. If the defendant has a court appointed attorney, you will need to ask for the attorney voucher and approach the bench to get voucher signed if the attorney fees are to be taxed as cost to the defendant. Each court has their own rules as to who has to repay attorney fees. Refer to that courts Collection folder for instructions. Now refer to the court rules (Attachment Two) to see if defendant is allowed to go on a payment plan. 4. If the defendant is required to pay in full, credit time served or dismissed, you will then check the appropriate box on the Payment Plan Acceptance form. You will then go call the defendant and discuss what they have pled to and inform them of the total due, dismissed or credit time served. If they have to pay make sure they have their money with them to make this payment. You will then have the defendant sign the form acknowledging what they are doing. Once the defendant has sign, you have signed and attorney if applicable you will put the form with the plea papers. When the defendant pleas the Judge will then sign the order. If they do not have their money and cannot pay at this time, you must notify the DA or their attorney of this. The case may have to be reset for the defendant to come back with their money or change the plea. (See Court Rules Attachment Two).
1. If the defendant is allowed a payment plan, then take the Payment Plan Acceptance Order and an application with you when you call the defendant. You will discuss the plea with the defendant ask if they plan to pay in full or go on a payment plan. If they do not plan to pay in full, give them the application to complete and you keep the green form. Be sure to explain to them, application must be completed, if does not apply to put N/A and that two references are required with a complete address. Let them know where you will be when they have completed the application so that they can return the application and be interviewed. 2. You will now give the black file to DA secretary to start the paper work. When the defendant has returned the application you will pull your green form and review the application with the defendant. 1. Make sure all the application is complete. If not get the information from the defendant. 2. Review financial information 3. Check Other Source of Income for Food Stamps, WIC, Medicaid and CHIPS, Full time High School Student If any of these are checked, you will need to make sure that the payment plan will not cause a hardship on the defendant to pay. 4. Once you have gone over the application with the defendant you will sign the section: Defendant Interviewed By and date. You will now need to determine the defendant monthly pay. You will explain to the defendant that Brazoria County has a standard payment plan of $100.00 per month. Note that if the defendant is on probation that their payment could possibly be more due to probation term limitations. If the defendant agrees to the standard plan, you will then check the box for Standard Plan on the Payment Plan Acceptance Form. If the defendant states that they are not able to make that type of payment, refer to their application, look over the financial section and try to negotiate an amount that they are able to pay. Please make sure that it is within their probation term limitations. Defendants on probation must have their fees paid in full 60 days before the probation expires. Once you have determined what the defendant will be doing you will check the appropriate box on the Payment Plan Acceptance Order. You will now have the defendant sign the form, you sign and attorney if applicable. You will put the form with the plea papers. When the defendant pleas, the Judge will then sign the order.
Felony Pleas The defendant s attorney will visit with the District Attorney s office and work out a plea for the defendant. Once a plea bargain has been worked out, the Attorney will go to the District Clerk s office to get form completed. Once the forms are completed, he /she will bring you the forms and a completed application for the defendant. (The application is part of the plea packet for felony court.) You will now need to start the Payment Plan Acceptance form. You will now interview the defendant (note you may have to go the defendant if on jail chain). 1. Make sure all the application is complete. If not get the information from the defendant. (if defendant is on jail chain, get as much as you can, they may not have phone numbers) 2. Review financial information 3. Check Other Source of Income for Food Stamps, WIC, Medicaid and CHIPS, Full time High School Student If any of these are checked, you will need to make sure that the payment plan will not cause a hardship on the defendant to pay. 4. Once you have gone over the application with the defendant you will sign the section: Defendant Interviewed By and date. You will now need to determine the defendant monthly pay. You will explain to the defendant that Brazoria County has a standard payment plan of $100.00 per month. Note that if the defendant is on probation that their payment could possibly be more due to probation term limitations. If the defendant agrees to the standard plan, you will then check the box for Standard Plan on the Payment Plan Acceptance Form. If the defendant states that they are not able to make that type of payment, refer to their application, look over the financial section and try to negotiate an amount that they are able to pay. Please make sure that it is within their probation term limitations. Defendants on probation must have their fees paid in full 60 days before the probation expires. Once you have determined what the defendant will be doing you will check the appropriate box on the Payment Plan Acceptance Order. You will now have the defendant sign the form, you sign and attorney if applicable. You will put the form with the plea papers. When the defendant pleas, the Judge will then sign the order.
The Payment Plan Acceptance Order is a form created to let the Judge know that someone from the collections staff has visited with the defendant and determined their ability to pay. This form also notifies the Judge if the defendant receives other incomes that may qualify them to be Indigent. It is printed on mint green paper so that it stands out from the plea papers. Each plea will have one of these completed. At the time of plea, the Judge will review the Order, discuss any concerns with the defendant, and sign the order. About the form: Defendants Name Will be the name as it appears on the Charge Cause Number the cause number assigned to the charge You have the following options to check: A. Pay in Full B. Standard Plan - $100/month C. Court Ordered Plan will have to calculate amount owed D. Other Multiple cases or circumstances and explain E. Case Dismissed F. Cost to run concurrent with jail time G. TDCJ H. State Jail Explanation of payment options: A. Paid in Full All Class C s, Out of County Straight Plea, and any others that would like to pay the case in full on the date of plea B. Standard Plan Brazoria County Standard Plan is at least $100.00 per month. May exceed the $100.00 per month due to probation term limitations. C. Court Ordered If the defendant cannot agree to the Standard Plan of $100.00 per month, you will need to calculate a payment plan that is not a hardship on the defendant. You will have to have court cost, fine and any court appointed attorney fee amounts so you can properly calculate the amount owed. You will add the time payment fee of $25 and $2 transactions fees for every payment. Once you get an agreed amount, you will put in the Court Order Plan options. D. Other Explanation Check this box if the defendant has indicated that they are on food stamps, WIC, Medicaid, chips, TANF or check that they are a Full time student in High School. In the Explanation you will write what they have checked. You can also use this option when the defendant has multiple cases and you have to calculate a payment plan, also if the probation terms require a higher amount then Standard Plan, check this box and put the amount. Your explanation could be: Multiple Case, Term Limitations, Probation Amended add to current plan
After all of this is done, the defendant will then stand before the Judge and Plea.
The defendant is now walked over to our Intake office, to be processed. They are presented with their Bill of Cost and will pay in full or the paper work is sent across the hall to collections. Once in collections the Collector will verify the information on the application and type up the Payment Agreement. The Defendant is then called into the office and the paperwork is gone over and signed.
The Follow-up Process for Past Due Accounts.
Delinquent Collections Process Procedures 7 Day Past Due Phone Call 14 Day Past Due Notice of Intent to Cancel Letter 21 Day Past Due Notice of Cancellation Letter 30 Day Past Due Phone Call 40 Day Past Due Warning Letter 50 Day Past Due Phone Call 60 Day Past Due Pre Warrant Letter 90 Day Past Due MRP, Capias Pro Fine on Misdemeanor Court Felony Courts 149 th,412 th and 300 th - Non probation case Capias Pro Fines and the Warrant Letter Delinquent Phone Call Procedures When you make your delinquent phone calls you will need to do the following: If calling someone other than the defendant: This call is for (?) I am calling about their past due fine and court cost. Could you please have (?) call me at (your number) in reference to cause number (?). Thank you If calling defendant: Voice Mail or Answering Machine Answer: This call is for (?) I am calling because your account is (?) past due. Depending on your financial circumstances, we may be able to lower your payments or you can request a hearing for the judge to consider your ability to pay
and any non-monetary compliance options available to you to satisfy your court debt. The judge may grant or deny your request for a hearing, and non-monetary compliance options are available at the court s discretion. Please contact the Brazoria County Collections office at (number) and your cause number is (?). When making a call use this if you reach the defendant: I am calling because your account is (?) days past due for an amount of (?). Depending on your financial circumstances, we may be able to lower your payments or you can request a hearing for the judge to consider your ability to pay and any non-monetary compliance options available to you to satisfy your court debt. The judge may grant or deny your request for a hearing, and non-monetary compliance options are available at the court s discretion. Will you be able to make your payment? If answer yes, find out when they will be able to make payment. If the defendant says that they cannot pay: Ask if they can make a partial payment and try to catch up at a later date or has financial circumstances have changed and do we need to lower the payments to help. If they can, find out when they can make that partial payment and finish the call. If they have had changes, find out changes, and lower payments. Recalculate payment plan and document on the call, and financial changes and payment plan lowered. If the defendant states they cannot pay at all (can t lower or no partial payment): Depending on your financial circumstances, and lowering your payments will not help, you can request a hearing for the judge to consider your ability to pay and any non-monetary compliance options available to you to satisfy your court debt.
The judge may grant or deny your request for a hearing, and non-monetary compliance options are available at the court s discretion. Would you like to request this hearing? If they want to request this hearing, you will inform them of the following: We will be mailing them a letter and forms with all the information that will be required at the hearing. They will need to complete all the forms, and return to our office with all the requested documentation in a timely manner. When we receive all the required information, we will notify the Judge and give all documentation to their office. You will then be notified of your court hearing. There will be two events to be entered in the computer and an email will need to be sent to the judge. Event Entered: Hearing Request (CODE: HEAR) This event will put a case flag on the case that defendant has requested a hearing with judge. Event Entered: Hearing Packet (CODE: HEARPAC) This event will put a comment of Mailed to Defendant and Email sent to the Judge You will now need to click on forms and print the letter called: Col- Hearing Request. This will print out all the forms and check list that needs to be sent to the defendant. You will need to scan the letter to this event. Email to Judge: Send email to the appropriate judge notifying them of request. Also include the Judges secretary on the email. Example: To: Ccourt-warrant; ccourt-kellie Subject: Hearing Request Cause Number and Defendant Name Body of email: This is to inform you that John Doe 123456, has request a hearing for ability to pay. Letter and forms have been mailed to the defendant.
Be sure to print your email because you will need to scan it to the Hearing packet event along with the letter sent to the defendant. You may or may not hear back from the Judge. When all the requested information is returned to our office you will need to do the following: You will need to enter and event and email judge and secretary that it has been returned. Event: Completed Hearing Packet (CODE: COMPHRGPAC) This event will put the comment: Received Email sent to Judge. You will scan all the returned information to this event and be sure to make it a Secure Image. Send email to the appropriate judge notifying them of request. Example: To: Ccourt-warrant; Ccourt-kellie Subject: Hearing Request Packet Returned Cause Number and Defendant Name Body of email: This is to inform you that John Doe 123456, has request a hearing for ability to pay and his packet has been returned and placed in your box for review. Be sure to print your email because you will need to scan it to the event. Place the returned forms in an interoffice envelope and send to the Judge with a note on them. Now the judge will review this information and determine if they will grant a hearing. If they grant a hearing, they will notify the defendant of their hearing. If you mail them all of the information for requesting a hearing and it is never received back, then collections process continues
After telling them all of this and they do not want to request the hearing, and they do not want to lower their payments, then the collections process will continue. Be sure to document that they did not want to lower payments, and did not want to request a hearing. Note: If you are unable to make any contact with the defendant or references, you can send them an email if we have an email address. Be sure to print your email and scan to the phone call event. Delinquent Letters: The delinquent letters for 14, 21, and 40 day letters will still be generated by the computer program in list manger. When you print your letters you will then need to scan them to the event generated when printed. The 60 day list, you will need to check to see if the defendant is on probation or a straight plea. If the case is a straight plea (non-probation), you will need to use the 60 day letter giving them a hearing date. The hearing date is required for issuing a Capias Pro Fine. Make sure that you enter the hearing date into the hearing tab using the Capias Pro Fine Hearing OCA type. If it is a probation case, just send the standard 60 day letter. The defendant s that are given a hearing date, will now have to appear before the Judge to explain why they are not paying their fees. At this time the Judge can make changes to their payment plans, waive their fees or given them other alternatives to take care of their cost. If the defendant fails to appear, they Judge will then make a docket entry for a Capias Pro Fine to be issued. The court will notify you of the cases that need to have the warrants issued. At this time you will issue a warrant and send the Warrant letter (90 day letter in system) to the defendant. The stat sheet and information will be place in the Warrant Officers box.
90 Day Delinquent Notice for Probation County Courts When a defendant reaches the 90 day delinquent status, you will print a detail payment sheet and place in the MRP/MTAG folder, and send the defendant the 90 day notice. The collection supervisor will review these cases monthly. If the case qualifies, the case will be placed on the MRP/MTAG spreadsheet and sent to the District Attorney and Probation office. The DA will file a revocation on our behalf if probation has no violations. Once the defendant has been placed on this list and the warrant is issued, the defendant can no longer pay by credit card. If the MRP/MTAG is for Fine/Court Cost only, then the defendant can pay in full and we will request dismissal from the DA and recall the warrant. Felony Court Felony courts you will just send out the 90 day delinquent notice. Note: If the case falls in 23 rd, or 239 th district court, these courts do not have hearing or issue capias pro fines. You will just send out the regular notices. Once these cases get the 90 day notice and the notice is sent, the case is done. TDCJ and State Jail Cases If the defendant is sentenced to TDCJ or State Jail, the payment plan should have been set to their projected release date to start appearing on you delinquent notices. If one of these appears on your list, the defendant will need to report to collections to set up a payment plan. The District Clerk s office sends the collection supervisor the early parole notices. When they are received, the pending payment plan is stopped, and calculated to be due in full the day of parole, so it will appear on the collector s delinquent notice. The collector will then start the collection process to get the defendant to come in to set up a payment plan.
Forms There are so many forms, that I did not include them all in this presentation. If you would like a copy of any of the forms mentioned, please send me an email: gailg@brazoria-county.com and I will be glad to send them to you.
Form Used by Brazoria County PAYMENT PLANS Standard Payment Plan Judge Ordered Payment Plan Negotiated Payment Plan Jail Payment Plan LETTERS Notice of Intent to Cancel 14 days Notice of Cancelation 21 days Warning Letter 40 days Pre Warrant Letter Hearning for not probation 60 day Pre Warrant Letter Probation 60 day Warrant Letter Others Hearing Request Letter/forms required when defend request hearing Application Payment Plan Acceptance Order
In Brazoria County, we would rather try to collect the money then send someone to jail. We go above and beyond to try to work with the defendant. I hope that our process can maybe help some of you better your collections process.