§ 16-87-217 — Recovery of fees owed

(a) (1) The State of Arkansas and the county may file a civil action for recovery of money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made. (2) Suit shall be brought within three (3) years after the date a certificate of indigency is filed. (b) (1) The State of Arkansas also shall recover any fees owed or money expended in the representation of a person who is determined by a court not to have been indigent at the time expenditures were made by attaching a lien to the person's legal settlements or favorable verdicts, lottery winnings, or any moneys or property forfeited by the state. (2) To effectuate a lien under subdivision (b)(1) of this section, a public defender shall file a notice of the lien setting forth services rendered to the person and a claim for reasonable value of the services with the clerk of the circuit court not later than ten (10) days after the disposition of the case. (3) The person named in the notice of the lien shall be served personally with a copy of the lien in court immediately at the end of the trial court proceedings. (4) The circuit court shall determine whether all or any part of the lien shall be allowed. (c) In the event that a circuit court, county court, or district court renders a judgment for recovery of money in a civil action as described in this section, the Arkansas Public Defender Commission may file a claim for a setoff of the judgment amount against the person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. (d) This section does not prohibit the commission from filing a claim for a setoff against a person's state income tax refund as a claimant agency authorized under § 26-36-301 et seq. to recover the fee provided for under § 16-87-213(b) or a judgment provided in § 16-87-218 .

Legislative History

Amended by Act 2015, No. 893,§ 1, eff. 7/22/2015. Added by Act 2013, No. 961,§ 2, eff. 8/16/2013.