Chapter 3.76
USE OF COLLECTION AGENCIES
Sections:
3.76.020 Collection agency use procedure.
3.76.010 Definitions.
A. “Person” includes individual, firm, partnership, trust, joint venture, association, or corporation.
B. “Collection agency” means and includes:
1. Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another person;
2. Any person who directly or indirectly furnishes or attempts to furnish, sells, or offers to sell forms represented to be a collection system or scheme intended or calculated to be used to collect claims even though the forms direct the debtor to make payment to the creditor and even though the forms may be or are actually used by the creditor himself in his own name;
3. Any person who in attempting to collect or in collecting his own claim uses a fictitious name or any name other than his own which would indicate to the debtor that a third person is collecting or attempting to collect such claim.
C. “Debt” shall include fines, utility payments and other debts owed to the city. (Ord. 1139-12 § 1)
3.76.020 Collection agency use procedure.
A. In addition to all other remedies for collecting amounts owed to the city, the city may retain, by written contract, the services of a licensed collection agency to collect public debts owed by any person pursuant to the procedures set forth in this chapter. If the city retains a collection agency to collect public debts owed to the city, a fee, payable by the debtor, shall be added to the outstanding debt for the collection agency fee incurred.
B. Before assigning a debt to a collection agency, the city must have evidence that the city sent the debtor a written bill for the debt amount.
C. If a debt amount owed to the city is not paid within 90 days of the date on which the amount becomes due, the director of finance or its representative may send a written notice, by regular or certified mail, to the debtor’s last known address according to the city’s records advising of the existence of the debt and that the debt may be assigned to a collection agency if not paid.
D. Should a debt remain unpaid 60 days after the final billing, the city may assign the debt to a collection agency who would send the 30-day notice informing the debtor of the amount owed and that the collection process will commence if payment is not received within 30 days of such notice.
E. Collection agencies assigned debts under this chapter shall have only those remedies and powers which would be available to them as assignees of private creditors. (Ord. 1139-12 § 1)