Section 10-1-382. Collection fees; reports

   (a) In addition to any amount owed under a judgment rendered under Code Section 10-1-381, a delinquent party shall be responsible by operation of law for a collection fee equal to 40 percent of the amount of the judgment as if such collection fee had been included as part of the judgment. The amount of the judgment together with the 40 percent collection fee shall be designated as the amount due. The administrator shall have the authority to contract with private collection agencies to collect any amount due. In the event that such collection agencies are unable to collect any part of such amounts due, the administrator may request that the Attorney General contract with attorneys to collect all or any remaining part of such amounts due. Such collection attorneys shall be paid in the same manner as collection agencies.

(b) All funds collected by the collection agency or by the collection attorneys shall be remitted to the administrator for disbursement. In no event shall the collection agency or attorney be entitled to any compensation in an amount greater than the 40 percent collection fee.

(c) The administrator shall remit to the collection agency or to the collection attorney a fee of 10 percent of any amount actually collected by that collection agency or that attorney.

(d) After the 10 percent of the funds collected to date has been remitted to the appropriate collection agency or collection attorney, as specified in subsection (c) of this Code section, and up until such time as 100 percent of the judgment has been disbursed in the manner called for in the judgment, the administrator shall disburse the remaining 90 percent of the funds collected to date as designated in the judgment.

(e) After 100 percent of the funds have been disbursed as designated in the judgment and the collector has also received the collection fee equal to 10 percent of such collected funds, the administrator shall remit to the collection agency or to the collection attorney any of the remaining funds which were actually collected by that collection agency or by that collection attorney; provided, however, in no event shall the total of collection fees disbursed in connection with the collection of the judgment exceed an amount equal to 40 percent of the judgment.

(f) The administrator shall render semiannual reports to the Governor on the amounts collected and disbursed. Such reports shall be due on the tenth day of January and the tenth day of July of each year.

Code 1981, § 10-1-382, enacted by Ga. L. 1997, p. 1511, § 1.