Township of Whitehall, PA Part 16 Unpaid Municipal Claims and Liens

[Adopted 1-9-2017 by Ord. No. 3067]

Article LIV Collection; Fees

§ 1-325 Fee schedule.

[Amended 6-10-2019 by Ord. No. 3166; 5-8-2023 by Ord. No. 3313]

The attorney fees and collection fees set forth below are hereby adopted, approved and determined to be reasonable, including, without limitation, as contemplated by § 7106 of the Act.[1] 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 § 1-325.

A. Attorney fees.

Legal Service	Fee
Initial review and sending first legal demand letter	$175
File lien and prepare satisfaction	$250
Prepare writ of scire facias	$250
Prepare and mail letter under Pa.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's 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

B. Collection fees.

Service	Fee
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

[1] Editor's Note: See 53 P.S. § 7106.

§ 1-326 Addition of costs.

[Amended 5-8-2023 by Ord. No. 3313]

In addition to the collection fees set forth under § 1-325B above, the amount of 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.

§ 1-327 Use of credit cards and debit cards; charges.

The Township authorizes any attorney or private collector collecting the unpaid claims on behalf of the Township to accept payment of the unpaid claims by credit card or debit card. Where payment is made by credit card or debit card, any fees charged by the credit card or debit card company and/or the credit card 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.

§ 1-328 Interest.

[Amended 5-8-2023 by Ord. No. 3313]

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.

§ 1-329 Collection procedures.

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 (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 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 assessment or imposition 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.

§ 1-330 Additional action.

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.

§ 1-331 Appointment of Solicitor.

[Amended 5-8-2023 by Ord. No. 3313]

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.