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Re: [Oama] Collection of Past Due Utility Bills

TC
Toni Capra
Fri, Jan 31, 2020 4:51 PM
<!-- /* Font Definitions */ @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4;} /* Style Definitions */ p.MsoNormal, li.MsoNormal, div.MsoNormal {margin:0in; margin-bottom:.0001pt; font-size:11.0pt; font-family:"Calibri",sans-serif;} a:link, span.MsoHyperlink {mso-style-priority:99; color:blue; text-decoration:underline;} .MsoChpDefault {mso-style-type:export-only;} @page WordSection1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in;} div.WordSection1 {page:WordSection1;} -->I am aware as long as it is a first party collection that it does not apply, but when you involve a third party, I believe it does. Additionally, when the judge tells you theyre not going to award it because its not in the contract then you add it to the contract. IMO

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From: Robert Thompson
Sent: Wednesday, January 29, 2020 10:48 AM
To: Toni Capra; Michael Beason; oama@lists.imla.org
Subject: RE: [Oama] Collection of Past Due Utility Bills

Fair debt collection act does not apply to a City collecting its own debt. If given to a debt collector, then the act applies.

Robert C. Thompson

Cheek & Falcone, PLLC

6301 Waterford Blvd., Suite 320

Oklahoma City, Okla. 73118

direct telephone:405-286-9560

direct fax: 405-286-9680

Firm telephone: 405-286-9191

rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama <oama-bounces@lists.imla.org> On Behalf Of Toni Capra
Sent: Wednesday, January 29, 2020 10:46 AM
To: Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org
Subject: Re: [Oama] Collection of Past Due Utility Bills

Michael, the only ones I am aware of is the fair debt collections act. Medicine Park has an agency familiar with the procedures that do our collections, would you like their information?

Sent from Mail for Windows 10

From: Michael Beason
Sent: Tuesday, January 28, 2020 1:51 PM
To: oama@lists.imla.org
Subject: [Oama] Collection of Past Due Utility Bills

Greetings:

My municipality is in the beginning stages of undertaking a renewed effort to collect past utility billing. Is anyone aware of any specific statutory authority or administrative rules that must be followed in the collection process?

Thank you.

RT
Robert Thompson
Fri, Jan 31, 2020 4:58 PM

If a municipality refers accounts to a “collector”,  only the collector has liability for violation of the Fair Debt Collection Act,  not the municipality.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Toni Capra capralawfirm@gmail.com
Sent: Friday, January 31, 2020 10:52 AM
To: Robert Thompson rthompson@cheekfalcone.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: RE: RE: [Oama] Collection of Past Due Utility Bills

I am aware as long as it is a first party collection that it does not apply, but when you involve a third party, I believe it does.  Additionally, when the judge tells you theyre not going to award it because its not in the contract then you add it to the contract. IMO

Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10

From: Robert Thompsonmailto:rthompson@cheekfalcone.com
Sent: Wednesday, January 29, 2020 10:48 AM
To: Toni Capramailto:capralawfirm@gmail.com; Michael Beasonmailto:mbeason@altusok.gov; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: RE: [Oama] Collection of Past Due Utility Bills

Fair debt collection act does not apply to a City collecting its own debt.  If given to a debt collector,  then the act applies.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City,  Okla.  73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege.  If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited.  If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system.  Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Toni Capra
Sent: Wednesday, January 29, 2020 10:46 AM
To: Michael Beason <mbeason@altusok.govmailto:mbeason@altusok.gov>; oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: Re: [Oama] Collection of Past Due Utility Bills

Michael,  the only ones I am aware of is the fair debt collections act.  Medicine Park has an agency familiar with the procedures that do our collections, would you like their information?

Sent from Mailhttps://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10

From: Michael Beasonmailto:mbeason@altusok.gov
Sent: Tuesday, January 28, 2020 1:51 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Collection of Past Due Utility Bills

Greetings:

My municipality is in the beginning stages of undertaking a renewed effort to collect past utility billing.  Is anyone aware of any specific statutory authority or administrative rules that must be followed in the collection process?

Thank you.

If a municipality refers accounts to a “collector”, only the collector has liability for violation of the Fair Debt Collection Act, not the municipality. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Toni Capra <capralawfirm@gmail.com> Sent: Friday, January 31, 2020 10:52 AM To: Robert Thompson <rthompson@cheekfalcone.com>; Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org Subject: RE: RE: [Oama] Collection of Past Due Utility Bills I am aware as long as it is a first party collection that it does not apply, but when you involve a third party, I believe it does. Additionally, when the judge tells you theyre not going to award it because its not in the contract then you add it to the contract. IMO Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows 10 From: Robert Thompson<mailto:rthompson@cheekfalcone.com> Sent: Wednesday, January 29, 2020 10:48 AM To: Toni Capra<mailto:capralawfirm@gmail.com>; Michael Beason<mailto:mbeason@altusok.gov>; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: RE: [Oama] Collection of Past Due Utility Bills Fair debt collection act does not apply to a City collecting its own debt. If given to a debt collector, then the act applies. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Toni Capra Sent: Wednesday, January 29, 2020 10:46 AM To: Michael Beason <mbeason@altusok.gov<mailto:mbeason@altusok.gov>>; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: [Oama] Collection of Past Due Utility Bills Michael, the only ones I am aware of is the fair debt collections act. Medicine Park has an agency familiar with the procedures that do our collections, would you like their information? Sent from Mail<https://go.microsoft.com/fwlink/?LinkId=550986> for Windows 10 From: Michael Beason<mailto:mbeason@altusok.gov> Sent: Tuesday, January 28, 2020 1:51 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Collection of Past Due Utility Bills Greetings: My municipality is in the beginning stages of undertaking a renewed effort to collect past utility billing. Is anyone aware of any specific statutory authority or administrative rules that must be followed in the collection process? Thank you.