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  1. Newbie
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    #1

    Paragraph Interpretation

    I would appreciate an opinion regarding the paragraph below. Since there is a comma after the statement "in the event the offender is arrested in another jurisdiction", would that mean the agency is not due a fee if the offender is arrested in another jurisdiction, but none of the stipulations that follow are met and the offender pays the liability?

    In accordance with Texas Senate Bill 782, Agency agrees to add the state approved collection fee of thirty percent to the original amount placed for collection. Agency's collection services shall be provided at no charge to Client other than the state approved fee to be added to the original amount placed for collection (when adding a collection fee is allowed by law). Client agrees not to release the offender's warrant until all funds are paid, including Agency's collection fee. In the event the offender is arrested in another jurisdiction, the offender is found to be not guilty, the offender's liability is released due to time served, the offender performs community service or in the case that the Client does not receive monetary payment from an offender, no fee shall be due Agency.

    Thank you for any help provided.

    Regards,

    DB

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    #2

    Re: Paragraph Interpretation

    It's all one big "or." No fee shall be due if any one of the following criteria is met:

    Arrested in another jurisdiction
    Found not guilty
    Liability released due to time served
    Offender performs community service
    Client does not receive monetary payment from offender

  2. Newbie
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    #3

    Re: Paragraph Interpretation

    Well that's not good news. The intent was that if the client city didn't receive any funds, the agency wouldn't either. State law also dictates that any funds that are received by the city must be split between the city, the state and the agency. Also, "arrested in another jurisdiction" was intended convey the same thing as time served, but in another city where no money changes hands. Looks like the lawyers will have some fun with this.

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