ATTERS REFERRED FOR COLLECTION The Judiciary will refer for collection judgment debts owed to the State of Hawai`i. These include court ordered penalties, fines, sanctions, fees, surcharges, costs, delinquent restitution and other monetary sanctions imposed by courts. The referred judgment debts will not include civil judgments owed to nongovernmental entities or persons, unless such judgments are to be paid to the courts for distribution to a person or party. A minimum of maximum volume of judgments shall not be guaranteed. 4.2 COLLECTION PROCESS 4.2.1 Data Transmittal. Referrals will be defined by the Judiciary and transmitted to the Contractor in the form of: 1) an electronic file for non-restitution referrals; and 2) an excel spreadsheet/file for delinquent restitution referrals. Vendor data shall conform to Judiciary data as provided. Unformatted Text Flat File. Data transfer shall occur on a daily basis or as determined by the Judiciary, Monday through Friday (except for holidays) as initiated by the Judiciary. Data submitted to Contractor represents all open accounts under Contractor’s management. Data is to be used to synchronize Contractor’s active accounts and corresponding account data with the Judiciary by making necessary modifications, additions, and or deletions to the Contractor’s data stores. Information on receivables on the electronic file may include the following data items depending on the applicability and/or availability of information. Judgment Debtor/ Case Number Defendant Name Citation Number Defendant Phone/Cell Number Date of Offense Defendant Address Offense Description Defendant Driver License (DL) # Incarceration Date Defendant DL State Sentencing Date Date of Birth Warrant Number Sex Date of Warrant Status License Plate Number Balance Outstanding Vehicle Make Employer Vehicle Year Employer Phone Number Defendant SSN Military ID (last 4 digits only) Excel spreadsheet. Data submitted via excel spreadsheet shall contain information relating to delinquent restitution and criminal payments. §706-605(6), Hawai`i Revised Statutes specifies that payments by defendants shall be made in accordance to a list of priorities with restitution being the first priority. Until such a time as a more efficient interface can be developed, Contractor shall cross reference or incorporate the excel spreadsheet with the electronic file to ensure that upon collection of monies, delinquent restitution shall be paid first, when applicable. 4.2.2 Assignment of Judgments. Judgments will be assigned on a contingency basis only, unless a specific assignment is made. Contractor will not have full right to the obligations owed to the Judiciary and will strictly pursue collection on behalf of the Judiciary. 4.2.3 Control over Accounts. Judiciary shall retain control over the accounts referred to the Contractor. The Judiciary may recall, at its discretion, any account referred to the Contractor at any time without charge or penalty. 4.2.4. Power to Negotiate. Contractor shall not have the power to negotiate with debtors to settle accounts of claims. The debts referred have been reduced to judgment and only a court may authorize satisfaction of the judgment by less than the full amount. As such, the Contractor will not have the power to negotiate with the judgment debtor to reduce the amount owed. 4.2.5 Account Receivable Record. Contractor shall adjust its account receivable information immediately upon any modification of information transferred by the Judiciary. Account receivable information must remain accurate and up-to-date.
