Legal Question in Criminal Law in Florida

Court fees & Collection agencies

My brother was just released from prison 3/5/11 after serving 6 1/2 years. His DL is suspended and he has to pay all the court fees ($3500+) to Collier County before he can get his license. The judge denied his motion and denied allowing him to make payments.

Here is the chronology:

06/10/2010: CASE FEES ($1716) SENT TO COLLECTIONS ON 06/10/2010 TO LINEBARGER (brother still incarcerated)

Fall 2010: Linebarger letter to brother at parent�s address. Mother called to redirect them to brother�s address in prison. He didn�t get any correspondence from them.

2/11: my mother looked info up on Clerk's site and found out my brother's fees were turned over to Line Barger. She called Line Barger and they sent her a letter in Feb 2011 with an amount due of $3066.25.

03/02/2011: Brother filed MOTION TO ISSUE WAIVER OF IMPOSING FINES, FEES, COSTS, AND OTHER RELIEF

03/02/2011 INSOLVENCY AFFIDAVIT

3/5/2011: Brother released from prison

03/02/2011 CASE HAS BEEN RECALLED FROM LINEBARGER COLLECTION AGENCY ON 03/02/2011

03/25/2011 ORDER DENYING DEFENDANT'S MOTION TO ISSUE WAIVER OF IMPOSING FINES, FEES, COSTS AND OTHER RELIEF

Here is my question, according to Section 28.246(6) and s. 938.29, when does the 90 days begin? Can it begin when he's incarcerated and has no ability to pay? Would we have any way to pay directly to Collier County to avoid the 25% surcharge the collection agencies charge? Does "case recalled" mean we don't need to pay Linebarger but can instead pay the clerk directly?

Also, is there any chance to get credit for time served? This seems like an unusual hardship and as my brother can't get his license until the fees are paid it's very difficult to earn money. This would take years to repay based on his earning potential. Please advise and thank you in advance. I posted the sections I referred to above just below.

Thank you!

*****

Section 28.246(6), Florida Statutes, provides:

"A clerk of court may pursue the collection of any fees, service charges, fines, court costs, and liens for the payment of attorney's fees and costs pursuant to s. 938.29 which remain unpaid for 90 days or more or refer the account to a private attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to chapter 559

1 Answer from Attorneys

Related Questions & Answers

More Criminal Law questions and answers in Florida

Looking for something else?