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1992 Tennessee Attorney General Reports and Opinions 1 (1992)

handle is hein.sag/sagtn0120 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF TENNFSSEr Published by Authority of Chapter 27f Public Acts of 1971 February, 1992 92-13 CHECKS:Bad: A person who orders goods C.O.D. and presents a worthless check upon delivery violates T.C.A. §39-14-121. Tennessee would have jitisdiction to prosecute an out-of-state business or individual who orders goods from a Tennessee manufaclurer and pays with a worthless check. The drawer of a worthless check is liable upon payment of such a check, whether such drawer was the originator of the order is irrelevant. T.C.A. §39-11-103, S39-14-121. 92-19 CLERES OF THE COURT:Criminal: In criminal cases, where a delinquent fine and costs are collected by a district attorney general, the clerk may teceive 5% commission under T.C.A. §8-21-401(a)(6)9A)(i) even when the clerk or the district attorney general receivns reimbursement for collection costs under §40-24-105(d). The 5% commission applies to the amount actually received by the clerk and does nut include any amount retained by the clerk or district attorney pursuant to §40-24-105(d). The clerk's 5% commission must be collected out of funds received in satisfaction of the fines or delinquent costs and may not be collected from the person making the payment. The clerk or district attorney general must defray the actual cost of collection up to 30% of the amount collected and may not retain a flat percentage of funds collected without regard to the costs of collection. When the clerk receives payment of fines or costs, after the costs of collection has been retained by the district attorney general or the clerk, the amount received should be disposed of as otherwise required by law. A collection agent is not authorized to arrange a slow-pay agreement with the defendant but an agent employed under the authority of T.C.A. §40-24-105 may receive payment and turn the funds over to the clerk. T.C.A. §8-21-401, S26-2-216, §40-24-105. 92-18 CONSTABLES: Clay County constables have all of the powers belonging to constables at common law. Various statutory provisions delineate specific law enforcement duties of these constables. The law enforcement powers of Clay County constables are similar to those of full-time law enforcement