-
(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.
