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TC

Toni Capra

Wed, Jan 29, 2020 4:45 PM

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

Wed, Jan 29, 2020 4:48 PM

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 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 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.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.

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> 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<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.

DD

david davis

Wed, Jan 29, 2020 5:05 PM

Most cities use collection agencies. a fee of up to 35% can be added to debt when placed for collection under statute below:

itle 11. Cities and Towns
[http://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 22-138 - Governing Body of a Municipality - Contract with Collection Agency
Cite as: 11 O.S. § 22-138 (OSCN 2020)

A. The governing body of a municipality may enter into a contract with a collection agency for the provision of collection services for one or more of the following items:

Debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the municipality, as applicable; or
Court penalties, costs, fines and fees in cases in municipal court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court.

B. A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Robert Thompson rthompson@cheekfalcone.com
Sent: Wednesday, January 29, 2020 10:48 AM
To: Toni Capra capralawfirm@gmail.com; Michael Beason mbeason@altusok.gov; oama@lists.imla.org 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 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 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.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.

Most cities use collection agencies. a fee of up to 35% can be added to debt when placed for collection under statute below: itle 11. Cities and Towns [http://www.oscn.net/Images/Applications/search/WDDocument.gif] Section 22-138 - Governing Body of a Municipality - Contract with Collection Agency Cite as: 11 O.S. § 22-138 (OSCN 2020) ________________________________ A. The governing body of a municipality may enter into a contract with a collection agency for the provision of collection services for one or more of the following items: 1. Debts and accounts receivable including, but not limited to, unpaid fees, penalties, interest, and other sums due the municipality, as applicable; or 2. Court penalties, costs, fines and fees in cases in municipal court in which the accused has failed to appear or otherwise failed to satisfy a monetary obligation ordered by the court. B. A governing body of a municipality that enters into a contract with a collection agency pursuant to this section may authorize the addition of a collection fee in an amount not to exceed thirty-five percent (35%) on each item described in subsection A of this section that has been referred by the municipality to the collection agency for collection. If a municipality enters into such contract with a collection agency and authorizes the collection fee, the court shall order defendants to reimburse the fee arising pursuant to paragraph 2 of subsection A of this section and such court-ordered fee may be collected as provided by law for the collection of any other civil debt or criminal action. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Robert Thompson <rthompson@cheekfalcone.com> Sent: Wednesday, January 29, 2020 10:48 AM To: Toni Capra <capralawfirm@gmail.com>; Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org <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> 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<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.