45-623. Collection of public debts; contracts authorized; requirements.

335 words·~2 min read·/ne/chapter-45/45-623

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any state agency, county, city, village, or other political subdivision may contract to retain a collection agency licensed pursuant to the Collection Agency Act, within or without this state, for the purpose of collecting public debts owed by any person to such state agency, county, city, village, or other political subdivision.

(2)No debt owed pursuant to subsection

(1)of this section may be assigned to a collection agency unless

(a)there has been an attempt to advise the debtor by first-class mail, postage prepaid, at the last-known address of the debtor

(i)of the existence of the debt and

(ii)that the debt may be assigned to a collection agency for collection if the debt is not paid and

(b)at least thirty days have elapsed from the time the notice was sent, except that in the case of an order for support being enforced by a county attorney, authorized attorney, or prosecuting attorney pursuant to Chapter 42 or 43, this notice requirement shall not apply and Title IV-D of the federal Social Security Act, as amended, shall be complied with.

(3)A collection agency which is assigned a debt under this section shall have only those remedies and powers which would be available to it as an assignee of a private creditor. This subsection shall not be construed to in any way limit the remedies and powers available to an authorized attorney as defined in section 43-512 .

(4)For purposes of this section, debt shall include all delinquent fees or payments except delinquent property taxes on real estate. In the case of debt arising as a result of an order or judgment of a court in a criminal or traffic matter, a collection fee may be added to the debt. The collection fee shall be twenty-five dollars or four and one-half percent of the debt, whichever is greater. The collection fee shall be paid by the person who owes the debt directly to the person or agency providing the collection service.