Title 42, Chapter 8, Section 34.2
( 42-8-34.2)
(a) In the event that a defendant is delinquent in the payment of
fines, costs, or restitution or reparation, as was ordered by the
court as a condition of probation, the defendant's probation officer
is authorized, but not required, to execute a sworn affidavit
wherein the amount of arrearage is set out. In addition, the
affidavit shall contain a succinct statement as to what efforts the
department has made in trying to collect the delinquent amount. The
affidavit shall then be submitted to the sentencing court for
approval. Upon signature and approval of the court, said arrearage
shall then be collectable through issuance of a writ of fieri facias
by the clerk of the sentencing court; and the department may enforce
such collection through any judicial or other process or procedure
which may be used by the holder of a writ of execution arising from
a civil action. (b) This Code section provides the state with remedies in addition
to all other remedies provided for by law; and nothing in this Code
section shall preclude the use of any other or additional remedy in
any case. (c) No clerk of any court shall be authorized to require any deposit
of cost or any other filing or service fee as a condition to the
filing of a garnishment action or other action or proceeding
authorized under this Code section. In any such action or
proceeding, however, the clerk of the court in which the action is
filed shall deduct and retain all proper court costs from any funds
paid into the treasury of the court, prior to any other disbursement
of such funds so paid into court. |