Rule 26.2 - Installment payment plans(1) A person shall be instructed to pay the court debt with the office of the clerk of court on the date of imposition of the court debt.(2) At sentencing or upon imposition of a fine, if a person establishes that the person does not have the financial means to pay the court debt in full on the date it is imposed, the judicial officer may order the person to pay the court debt in full within 30 days from the date it is imposed.(3) At sentencing or upon imposition of a fine, if a person establishes that the person does not have the financial means to pay the court debt in full within 30 days from the date it is imposed, the judicial officer may: a. Instruct the person to contact the Centralized Collection Unit (CCU) to request a payment plan; orb. Establish an installment payment plan pursuant to the rules contained in this chapter. (4) If the total amount of court debt due at the time of imposition is $300 or less, a judicial officer shall not order an installment payment plan. (5) When ordering an installment payment plan, the judicial officer has discretion to require a down payment.(6) Except in cases involving a restitution plan of payment pursuant to Iowa Code section 907.8 or 910.7, a judicial officer shall:a. Require the first payment to be due no later than 30 days from the date of imposition;b. Structure the payments to be due once a month; andc. Require the payments to be at least $50 each month.(7) A judicial officer shall not order an installment payment plan for any court debt that is already deemed delinquent pursuant to Iowa Code section 602.8107(2)(d).(8) A judicial officer shall not waive or forgive any installment payments or continue or extend the due date for any installment payment.(9) If a person fails to make an installment payment within 30 days after the due date, the entire remaining debt shall be deemed delinquent and the judicial branch will immediately assign the entire remaining debt to CCU for additional collection procedures.(10) If a person is granted a court-appointed attorney, the person shall be required to reimburse the state for the total cost of legal assistance provided to the person. Legal assistance shall include not only the expense of the public defender or an appointed attorney, but also the expense of transcripts, witness fees, expenses, and any other goods or services required by law to be provided to an indigent person entitled to an appointed attorney. a. If the person receiving legal assistance is convicted in a criminal case, the court shall order the payment of the total costs and fees for legal assistance as restitution to the extent the person is reasonably able to pay, or the court shall order the performance of community service in lieu of such payments, in accordance with Iowa Code chapter 910.b. If the person receiving legal assistance is acquitted in a criminal case or is a party in a case other than a criminal case, the court shall order payment of all or a portion of the total costs and fees incurred for legal assistance, to the extent the person is reasonably able to pay, after an inquiry that includes notice and reasonable opportunity to be heard.c. After the judicial officer makes a rule 26.2(10)(a) or (b) determination, the judicial officer shall set forth in the sentencing order the amount the person is required to pay for legal assistance.(11) A judicial officer may modify an existing, nondelinquent installment payment plan to correct an error or omission regarding the amount of court debt defendant owes.(12) A judicial officer may combine a person's nondelinquent installment payment plans into a single installment payment plan or modify or restructure an existing, nondelinquent installment payment plan to include new court debts if the combined, modified, or restructured installment payment is at least $50 a month. (13) A judicial officer shall not initiate court proceedings sua sponte as a means of collecting court debt. Once the court debt becomes delinquent 30 days after imposition or 30 days after an installment payment is due, the statutory procedures set forth in Iowa Code section 602.8107 govern. R. Install. Pay. Plan. Oth. Ct. Coll. Activ. 26.2
Court Order June 4, 2013, effective 7/1/2013.