With an estimated half billion dollars in unpaid court fines, fees and restitution throughout the state, Arizona has enlisted the help of a private contractor to track down the delinquent payments.

In August, Affiliated Computer Services began working on collecting a batch of unpaid fines owed to the Tucson City Court that had been delinquent for several years.

Finding the scofflaws who hadn’t paid the fines hasn’t been easy, because some people may have moved more than once since being fined, but a few already have been found and have paid up, says Nancy Swetnam, director of the FARE program for the Administrative Office of the Courts, part of the state Judicial Division that oversees courts throughout the state. FARE stands for Fines/Fees and Restitution Enforcement Program, an effort of the judicial branch to see that once a judgment is entered against an individual that individual pays up.

7 of 186 Courts Participate

In all, seven of the state’s 186 courts are now part of the program. The remainder are expected to be added next March.

“There have been people who have showed up in [Tucson City] Court who say, ‘I can’t believe you found me after all these years,’” Ms. Swetnam says. Affiliated Computer Services, the Washington, D.C.-based company that has the contract to help collection efforts of the courts, found current addresses on 97 per cent of the first batch of delinquencies it received from Tucson City Court, Ms. Swetnam says.

Eric Hunn, a vice president with Affiliated Computer Services, says as much as $500 million in delinquent fines, fees and restitution may be owed to the various local and county courts throughout the state. Delinquent payments not only hurt the courts and the jurisdictions they represent — most of which already are dealing with tight budgets — but also deny restitution to victims of crimes, Mr. Hunn says.

The ability of courts to try to collect delinquent fines and restitution varies greatly throughout the state, Ms. Swetnam says. Sometimes efforts are limited to making a couple of phone calls, and then perhaps turning the delinquency over to a collection agency.

What Affiliated Computer Services can do is provide more consistent efforts at finding scofflaws throughout the state, Mr. Hunn says. At the same time, the company will provide more means for people to make good on delinquent payments. In addition to the traditional means of making payments — by mail or at the court itself — in the next few months offenders will be able to make payments by credit card or debit card through a Web site that will be available in mid-December, and an automated telephone system will be available in January.

Affiliated Computer Services also will send reminders to offenders notifying them of their upcoming court dates, which will direct them to the choices of payments if they choose not to contest a ticket.

Effort To Extend To Traffic Tickets

Early next year, the efforts to collect overdue traffic tickets will extend to the Traffic Ticket and Enforcement Program, which allows a judge to order the Division of Motor Vehicle to suspend renewal of automobile registration for people who have more than $200 in outstanding tickets. Although courts have had such authority some time, not all courts have had systems in place to notify the Motor Vehicle Division about such orders.

Eventually, all courts with jurisdiction in traffic matters will be able to report orders for suspensions to the MVD, and at the same time, be able to lift those suspensions in “real-time” — that is, almost instantaneously — when offenders pay their fines.

A similar system, also run by Affiliated Computer Services, will allow courts to report delinquent fines and restitutions to the state Department of Revenue, which can intercept state income tax refunds for those who have failed to pay.

Throughout the efforts to collect fines and restitution, Affiliated Computer Services will “remain a silent partner,” Ms. Swetnam says. All reminder letters and notices about delinquencies will be sent out on court letterhead. The Web site and telephone payment systems likewise will be identified as court systems.

Unlike traditional debt collection services, which take 50 per cent to 90 per cent of the recovered funds as the fee, Affiliated Computer Services will turn over all the delinquent funds it recovers to the courts. The company will earn money for its efforts through a $7 surcharge that has been tacked onto virtually every traffic ticket and court fine throughout the state. The company also will pass along its recovery expenses, sometimes as much as $200, to those who don’t pay a fine or restitution when it’s due.

While Affiliated Computer Services has emphasized the recovery of delinquent fines and fees to financially strapped governments over the years, Ms. Swetnam says that it’s more important for Arizonans to know that “a court order to pay a fine or restitution is to be obeyed.” —