Maine Municipal Tax Collectors' & Treasurers' Association
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Posted by Kathleen Cutler, Gardiner, February 17, 2010 - I am the new Tax Collector for Gardiner and I am looking for information on any processes that other towns/cities use in collecting on outstanding personal property. We have not liened personal property in the past and our council would like us to look into using a collection agency. Some of these businesses are no longer around. I am hopeful someone may have ideas on which direction to go in. Also if anyone uses a collection agency I could use the name of one.

Responses:

I am the Police Chief as well as the Town Manager so when I send out a notice I put both titles on it some times it helps, chief Toman my be willing to send out a notice for you even though it may not be a complaint they would handle. The parties some times just pays if they think the ploice are involded. (Lewis Pinkham, Milbridge)

In Lewiston, I use the civil suit process.  On accounts below $4,500, I utilize the Small Claims Court process. On balances over that amount, our city attorney will file suit on our behalf. This process has worked very well for us, but you have to be very patient with the Small Claims Court process as the state court system moves very slowly.  Typically, it takes at least 6-7 months to get a court date after filing with the court. After the initial court date, if the defendant does not show up, the municipality is granted judgement by default.  Then you have to file for disclosure if not paid within 30 days of the court judgement. It may take another month for disclosure date.  Again, if the defendant doesn't appear for the disclosure, you have to file a civil order of arrest. Basicly, it can go on and on for a while. However, the court process can be very successful over time. Regarding cases with amounts over the $4,500 small claims court maximum, usually a letter written by the town attorney will many times get people moving and are usually very willing to enter into payment agreements.  The attorney letter usually gets their attention. (Paul LaBrecque, Lewiston)