[1]
Editor's Note: Former Part 5, Delinquent Tax Collection, Ord.
Ord. 2004-8, 10/7/2004, was repealed by Ord. No. 2020-13, 11/5/2020.
[Ord. No. 2020-14, 11/5/2020; as amended by Ord. No. 2022-17, 12/1/2022]
1.
The Attorney Fees and Collection Fees set forth below are hereby
adopted, approved and determined to be reasonable, including, without
limitation, as contemplated by 53 P.S. § 7106. The Attorney
Fees and Collection Fees set forth below shall be included and added
to the applicable MCTLA Unpaid Claim in an amount equal to the amount
set forth in this section.
Attorney Fees
|
Fees for Services
| |
---|---|---|
Initial review and sending first legal demand letter
|
$175
| |
File Lien and prepare Satisfaction
|
$250
| |
Prepare for Writ of Scire Facias
|
$250
| |
Prepare and mail letter under Pennsylvania R.C.P. § 237.1
|
$50
| |
Prepare Default Judgment
|
$175
| |
Research, prepare and obtain Reissued Writ
|
$175
| |
Prepare Praecipe to Amend
|
$100
| |
Prepare Motion to Amend
|
$150
| |
Prepare Motion for Alternate Service
|
$250
| |
Prepare Motion to Consolidate Claims
|
$250
| |
Amend claim to Add United States as Defendant
|
$250
| |
Prepare Writ of Execution
|
$800
| |
Preparation for sheriff's sale; review schedule of distribution
and resolve distribution issues
|
$400
| |
Prepare Motion to Continue sheriff sale
|
$50
| |
Prepare Petition for Free and Clear Sale
|
$400
| |
Preparation and service of Subpoena
|
$100
| |
Presentation of Motion or Petition
|
$50
| |
Services not covered above
|
At an hourly rate between $75 and $275 per hour
|
2.
Collection Fees.
Collection Fees
|
Fees for Services
| |
---|---|---|
Validation notice
|
$25 per notice
| |
Notice of delinquent claim and fee shifting
|
$40 per notice, plus applicable postage
| |
Bookkeeping fee for payment plan of 3 months or less
|
$25
| |
Bookkeeping fee for payment plan of more than 3 months
|
$50
| |
Handling fee for returned check
|
$25
|
[Amended by Ord. No. 2022-17, 12/1/2022]
In addition to the Collection Fees set forth in § 1-501 above, the reasonable and necessary out-of-pocket charges, costs, expenses, commissions, and fees incurred in connection with the filing, preservation and collection of the MCTLA Unpaid Claims, including, but not limited to, prothonotary fees and charges, sheriff fees and charges, postage expenses, title search expenses, vehicle identification number (VIN) search expenses, skip tracing and/or other investigatory service expenses, and the costs, fees, charges and/or expenses arising out of any payment by any credit card, debit card or any other payment medium, are hereby approved and shall be included, upon incurrence, together with the applicable MCTLA Unpaid Claim.
The Township authorizes any attorney or private collector collecting
the unpaid Claims to accept payment of the Unpaid Claims by credit
card or debit card. When payment is made by credit card or debit card,
any fees charged by the credit card company, debit card company, credit
card servicing agent, or debit card servicing agent shall be charged
immediately to the credit card or debit card used to make payment.
This applies to credit card or debit card payments made by mail, telephone,
over the internet, or in person.
[Amended Ord. No. 2022-17, 12/1/2022]
Interest will be assessed upon the Unpaid Claims at a rate of
10% per annum and added to the Unpaid Claims. The Township is permitted
to waive any interest on any Unpaid Claim when the Township or any
attorney and/or third-party collector collecting the Unpaid Claim
believes, in its discretion, that such amount is de minimis or that
the cost or burden of continuing collection outweighs the benefit
of collecting the interest.
1.
The following
collection procedures are hereby established in accordance with the
Act:
A.
At least
30 days prior to assessing or imposing attorney fees in connection
with the collection of an Unpaid Claim account, the Township or its
designee shall mail or cause to be mailed, by certified mail, return
receipt requested, a notice of such intention to the property owner
or other entity liable for the account (collectively, the "Property
Owner").
B.
If the
certified mail notice is undelivered, then, at least 10 days prior
to assessing or imposing such attorney fees, the Township or its designee
shall mail or cause to be mailed, by first class mail, a second notice
to the Property Owner.
C.
All notices
required by this Part 5 shall be mailed to the Property Owner's last
known post office address as recorded in the records or other information
of the Township or such other address obtained by the Township from
the County Tax Assessment Office.
D.
Each notice
as described above shall include the following:
(1)
The
type of tax, municipal claim or other charge, the year that it became
due and the amount owed, including penalty and interest;
(2)
A
statement of the Township's intent to impose or assess attorney fees
no earlier than 30 days after receipt of the first notice, or no earlier
than 10 days after receipt of the second notice;
(3)
The
manner in which the imposition or assessment of attorney fees may
be avoided by payment of the account; and
(4)
The
place of payment for accounts and the name and telephone number of
the Township's representative designated as responsible for collection
matters.
The proper officials of the Township are hereby authorized and
empowered to take such additional action as they may deem necessary
or appropriate to implement this Part 5.
[Added by Ord. No. 2022-17, 12/1/2022]
The Township appoints Michelle R. Portnoff, Esquire, as Solicitor
for the limited purpose of collecting the Unpaid Claims and hereby
authorizes her, and all attorneys employed by Portnoff Law Associates,
Ltd., to sign any and all documents, including municipal claims and
liens, on behalf of the Township.