Township of Caln, PA Chapter 27 Municipal Claims

[HISTORY: Adopted by the Board of Commissioners of the Township of Caln as indicated in article histories. Amendments noted where applicable.]

Article I Legal Fees and Collection Procedures for Delinquent Claims

[Adopted 8-11-2005 by Ord. No. 2005-10[1]]

[1] Editor's Note: This ordinance also repealed former Art. I, Legal Fees for Collection of Delinquent Claims, adopted 10-8-1998 by Ord. No. 1998-3.

§ 27-1 Administrative charge.

Any administrative fee and all costs incurred in mailing a notice of delinquency, not to exceed $50, shall be added to the unpaid claim.

§ 27-2 Interest.

Interest will be assessed upon all delinquent unpaid municipal claims at a rate of 10% per annum and added to the unpaid claim.

§ 27-3 Assessment of legal fees.

A. Caln Township hereby approves the following fee schedule to compensate its attorneys for the collection of unpaid claims, which fees shall be added to the unpaid claim.

	Legal Services	Fee For Services
	Initial review and sending first demand letter	$160
	Prepare and file lien and mail second demand letter	$175
	Prepare writ of scire facias	$175
	Obtain reissued writ	$30
	Prepare and mail letter under Pa.R.C.P. § 237.1	$30
	Prepare motion for alternate service	$175
	Prepare default judgment	$175
	Prepare writ of execution	$800
	Attendance at sale; review schedule of distribution and resolve distribution issues	$400
	Continue sheriff sale	$50
	Petition to assess damages	$50
	Petition for free and clear sale	$400
	Prepare bankruptcy proof of claim	$100
	Handling fee for returned check	$30
	Handling fee to issue refund check	$20
	Bookkeeping fee for payment plan of more than three payments	$50
	Services not covered above	At an hourly rate between $60 and $225 per hour

B. The amount of fees determined as set forth above are fair and reasonable for the services to be provided and shall be added to the Township's claim in each account.

C. There shall be added to the above amounts the reasonable out-of-pocket charges, costs, expenses, commissions and fees, such as but not limited to, postage, title searches, prothonotary fees and sheriff fees. The amount of charges, expenses, commissions and fees shall be added to the Township's claim in each account.

§ 27-4 Collection procedures.

The following collection procedures are hereby established in accordance with the Act:[1]

A. At least 30 days prior to assessing or imposing attorney fees in connection with the collection of an 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.

B. If the certified mail notice is undelivered, then, at least 10 days prior to the assessing or imposing of 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 article 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 as it may be able to obtain from the County Office of Assessment and Revision of Taxes.

D. Each notice as described above shall include the following:

(1) The type of tax or other charge, the date 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 within 30 days after the mailing of the first notice, or within 10 days after the mailing 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 representative designated as responsible for collection matters.

[1] Editor's Note: The Municipal Claims and Tax Liens Act, 53 P.S.§ 7101 et seq.

§ 27-5 Related 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 article.