§ 5255. Recovery from defendant (a) The Defender General or Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person who has received legal assistance or other benefit under this chapter: (1) To which the person was not entitled; (2) With respect to which the person was not a needy person when the person received it; or (3) With respect to which the person has failed to make the certification required by section 5236(b) of this title; and for which the person refuses to reimburse. Suit must be brought within six years after the date on which the aid was received. (b) The Defender General or the Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person, other than a person covered by subsection (a) of this section, who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to reimburse the State for it according to the standards of ability to pay applicable under subdivision 5201(3), section 5231, and subsection 5238(b) of this title, but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. The amount of recovery shall be equal to the average cost per case for representation supported by the budget of the Defender General for the calendar year in which legal assistance was completed as determined by the Defender General, less any reimbursement or co-payment actually paid for representation. (c) Amounts recovered under this section shall be paid into the Public Defender Special Fund.
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