Nevada Code § 176.064

Collection fee for unpaid administrative assessment, fine, fee or restitution; use of collection agency; civil judgment; attachment or garnishment; imprisonment
Open in Lexace · Ask the AI about this section
1. If a fine, administrative assessment,
fee or restitution is imposed upon a defendant pursuant to this chapter,
whether or not the fine, administrative assessment, fee or restitution is in
addition to any other punishment, and the fine, administrative assessment, fee
or restitution or any part of it remains unpaid after the time established by
the court for its payment, the defendant is liable for a collection fee, to be
imposed by the court at the time it finds that the fine, administrative
assessment, fee or restitution is delinquent, of:
(a) Not more than $100, if the amount of the
delinquency is less than $2,000.
(b) Not more than $500, if the amount of the
delinquency is $2,000 or greater, but is less than $5,000.
(c) Ten percent of the amount of the delinquency,
if the amount of the delinquency is $5,000 or greater.
2. A state or local entity that is
responsible for collecting a delinquent fine, administrative assessment, fee or
restitution may, in addition to attempting to collect the fine, administrative
assessment, fee or restitution through any other lawful means, take the
following actions:
(a) Request that the court take appropriate
action pursuant to subsection 3.
(b) If the defendant has been found guilty of the
offense for which the fine, administrative assessment, fee or restitution was
imposed, contract with a collection agency licensed pursuant to NRS 649.075 to collect the delinquent
amount and the collection fee. The collection agency must be paid as compensation
for its services an amount not greater than the amount of the collection fee
imposed pursuant to subsection 1, in accordance with the provisions of the
contract.
3. The court may, on its own motion or at
the request of a state or local entity that is responsible for collecting the
delinquent fine, administrative assessment, fee or restitution, take the
following actions:
(a) Enter a civil judgment for the amount due in
favor of the state or local entity that is responsible for collecting the
delinquent fine, administrative assessment, fee or restitution. A civil
judgment entered pursuant to this paragraph may be enforced and renewed in the
manner provided by law for the enforcement and renewal of a judgment for money
rendered in a civil action. If the court has entered a civil judgment pursuant
to this paragraph and the person against whom the judgment is entered is not
indigent and has not satisfied the judgment within the time established by the
court, the person may be dealt with as for contempt of court.
(b) If the court determines that the defendant
has the ability to pay the amount due and is willfully avoiding payment, order
the confinement of the defendant in the appropriate prison, jail or detention
facility, as provided in NRS 176.065 and 176.075 .
4. Money collected from a collection fee
imposed pursuant to subsection 1 must be distributed in the following manner:
(a) Except as otherwise provided in paragraph
(d), if the money is collected by or on behalf of a municipal court, the money
must be deposited in a special fund in the appropriate city treasury. The city
may use the money in the fund only to develop and implement a program for the
collection of fines, administrative assessments, fees and restitution and to
hire additional personnel necessary for the success of such a program.
(b) Except as otherwise provided in paragraph
(d), if the money is collected by or on behalf of a justice court or district
court, the money must be deposited in a special fund in the appropriate county
treasury. The county may use the money in the special fund only to:
(1) Develop and implement a program for
the collection of fines, administrative assessments, fees and restitution and
to hire additional personnel necessary for the success of such a program; or
(2) Improve the operations of a court by
providing funding for:
(I) A civil law self-help center; or
(II) Court security personnel and
equipment for a regional justice center that includes the justice courts of
that county.
(c) Except as otherwise provided in paragraph
(d), if the money is collected by a state entity, the money must be deposited
in an account, which is hereby created in the State Treasury. The Court
Administrator may use the money in the account only to develop and implement a
program for the collection of fines, administrative assessments, fees and
restitution in this State and to hire additional personnel necessary for the
success of such a program.
(d) If the money is collected by a collection
agency, after the collection agency has been paid its fee pursuant to the terms
of the contract, any remaining money must be deposited in the state, city or
county treasury, whichever is appropriate, to be used only for the purposes set
forth in paragraph (a), (b) or (c) of this subsection.
5. Any collection fee imposed pursuant to
subsection 1 must be assessed on a per case basis and not on a per charge
basis. The provisions of this subsection must not be construed to apply to any
credit card processing fees that are assessed solely for the purpose of
recouping any costs incurred to process a credit card payment. As used in this
subsection, case means a single complaint, citation, information or
indictment naming a single defendant that is based on the same act or
transaction or based on two or more acts or transactions connected together or
constituting parts of a common scheme or plan.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.