Answers to Frequently Asked Questions about the Clerks and Sheriffs Trust Account Program

1. Who is subject to the Clerks' and Sheriffs' Trust Account Program?
2. What types of funds are collectable by the GPDSC?
3. What constitutes a waiver, how do I request one, and how long does it last?
4. What is ACH and how do I set up an ACH account?
5. Who is responsible for providing the financial statement to GPDSC when ACH is the chosen method of remitting?
6. What is SCH?
7. Can accounts be co-mingled?
8. Do I have to send a bank statement to GPDSC each month?
9. If interest is transferred to another court, should the contact information form that accompanies the annual letter be sent to GPDSC?
10. Are counties still required to remit interest for indigent defense although the State is now funding the program?

1. Who is subject to the Clerks' and Sheriffs' Trust Account Program?

Sheriffs and Superior, State, Probate and Magistrate Court Clerks

2. What types of funds are collectable by the GPDSC?

See Partial list.

3. What constitutes a waiver, how do I request one, and how long does it last?

When service charges are consistently greater than the interest paid on an account, or when banks require that a minimum balance be maintained each month or a service charge will be imposed, a waiver may be granted.

The Council must receive a letter requesting the waiver along with a letter from the bank stating that the amount of funds maintained in the account is not sufficient to earn interest greater than the service charges incurred.

Waivers are granted on a yearly basis, and the county is required to send a letter of request for each fiscal year.

4.What is ACH and how do I set up an ACH account?

ACH (Automated Clearinghouse) is the process of debiting the account for the interest. The debit is initiated by the GPDSCTo set up an account for ACH debits, an authorization form must be completed. The original signed and completed form must be forwarded to the bank and a copy provided to GPDSC.

5. Who is responsible for providing the financial statement to GPDSC when ACH is the chosen method of remitting?

The financial institution is required to provide the financial statement to GPDSC.

6. What is SCH?

SCH is the process of remitting interest by check.

7. Can accounts be co-mingled?

Co-mingling accounts is permissible, but not advisable. If accounts are co-mingled, the clerk should track the interest on the qualifying funds.

8. Do I have to send a bank statement to GPDSC each month?

No. A financial statement may be sent showing the name of the court, the rate of interest applied, the average monthly balance in the account against which the interest rate is applied, the service charges or fees of the bank, and the net remittance.

9. If interest is transferred to another court, should the contact information form that accompanies the annual letter be sent to GPDSC?

Yes. It is important that the Council keep up to date records on all counties for auditing purposes.
It also shows the county is in compliance with the Clerks and Sheriffs Statutes. Indicate on the contact form all appropriate courts to which money is transferred and sign and return the form to GPDSC by fax or mail.

10. Are counties still required to remit interest for indigent defense although the State is now funding the public defender program?

Yes. The purpose of The Georgia Indigent Defense Act of 2003 was to establish a statewide public defender system. Indigent Defense is still funded by both the State and the Counties. The Clerks and Sheriffs Trust Account Program was not abolished. Counties still must remit interest.