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      CCRP 886     


Art. 886.  Enforcement of fine by civil process; offset of tax refund

A.  In the event of nonpayment of a fine, nonpayment of restitution to the victim, or nonpayment of a fine and costs, within sixty days after the sentence was imposed, and if no appeal is pending, the court which imposed the sentence may sign a judgment against the defendant in a sum equal to the fine or restitution plus judicial interest to begin sixty days after the sentence was imposed plus all costs of the criminal proceeding and subsequent proceedings necessary to enforce the judgment in either civil or criminal court, or both.  Collection of the judgment may be enforced in either criminal or civil court, or both, in the same manner as a money judgment in a civil case.  In addition, particular courts may provide by court rule for enforcement by the filing of an offset claim against the defendant, in accordance with R.S. 47:299.1 through 299.20.

B.  The provisions of Paragraph A of this Article shall apply to all fines and costs due and owing, regardless of whether they become due and owing prior to September 6, 1991.

Acts 1989, No. 191, §2; Acts 1991, No. 85, §1; Acts 1999, No. 140, §1; Acts 1999, No. 783, §3, eff. Jan. 1, 2000.

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