July 30 2015 1525 Sherman St Rm 104 Denver CO 80203 LOGISTICS Restrooms Around the Corner A cross from Café Basement S ame Location Informal A tmosphere Ask ID: 696320
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Slide1
Welcome
!
D
enver Regional Conference
July 30, 2015
1525 Sherman St - Rm 104
Denver CO 80203Slide2
LOGISTICS
Restrooms
– Around the Corner- Across from Café Basement – Same LocationInformal Atmosphere – Ask Questions as We Go Repeat Questions - So everyone can Hear Cell Phone Volume – Lobby Area for CallsSmoking Area – Out the Door to the Left Between BuildingsBreaks/Lunch – Buffet Style in the LobbySlide3
Agenda
Greg
Introductions Greg Who?Bob Jaros SCO VISION Greg CCS VisionHistory Of CCS CCS Staff MembersStephanie/Julie Ecliptics Greg/Cheryl
Collections
Greg Client Responsibilities Greg CCS Resources Greg Offset Programs Dawn/Melissa Legal SuitsDawn/Melissa BK/DEC/Tax Offsets/Judgments/Backup DocumentationDawn/Melissa How Would You Rule ?Machol/Johannes Legal Greg Process/Rules-Cancel/Adjust/Ecliptics/WRO CommunicationsTeam Other DPA Resources/Wrap-up/Questions/Happy TrailsSlide4
Introductions
Who are
You? What’s Your Title ?What Agency are you from?How Long have you Been There?What’s the Best thing about Working There?If you had a 3 week all expenses paid Vacation anywhere in the World for you and your entire family, Where would you go? Slide5
Who
??
Who has Been to the Most CCS Regional Conferences? Who Came the Greatest Distance?Which Agency has the Most Attendees here?Who Carpooled? Who came Last Night?Who is Staying over Tonight? Through the Weekend?Slide6
CCS
ColoradoBob JarosState ControllerVision for DPA / SCO / CCSSlide7
CCS
Colorado
Greg MechemCentral Collection ServicesManagerVision for CCSSlide8
CCS
Vision
Projects: New Collection System Focus: Collecting $$ Customer Service Work All AccountsSlide9
The Beginning of CCS
1975
– CRS 24-30-202.4 requires State Controller to assist in the recovery of delinquent debts1985 – Tax-Offset is added to collection process1987 - Central Collections moves to Division of Central ServicesSlide10
The Beginning of CCS
1992
– State agencies are required to assign accounts to Central Collections2002 - Central Collections moves to Division of Finance & Procurement2007 - CCS granted authority to add collection costs to all accounts – create “–AD” client codesJuly 2014 - CCS moves to State Controller’s Office Slide11
Essential
Collections Staff
OPERATIONS TEAMGREG Manager CHERYL Collections SupervisorESTELA Accounting Supervisor KEN Systems AdministratorDAWN Legal CoordinatorSTEPHANIE Administrative Support/Consumer Customer Service/EclipticsACCOUNTING TEAMTHERESA Revenue Accountant JESSIE Forward Liaison JULIE Client Cust Service/Ecliptics LORI Cancellations/Projects
COLLECTION TEAM
SAM
Higher Education MIKE Labor & EmploymentLUCIA Higher Education JOYCE Labor & EmploymentKENDELL Higher Education SANDRA Political Subdivisions JUDY Judicial/Corrections MARSHA Political SubdivisionsSlide12
CCS
Ecliptics
Julie Schipper Stephanie ParsonsDeveloping & Implementing Standard Guidelines To Improve EfficiencyOnline Account ManagementSlide13
Ecliptics
Place New AccountsSlide14
Ecliptics
Place New AccountsSlide15
Ecliptics
Place New Accounts
Always use the –AD client code.Use the last known good address.If you don’t know a phone number or SSN, leave it blank.Slide16
Ecliptics
Place New Accounts
Don’t forget to click “Process Pending”Click Search to view a list of new placements in your pending queue.Slide17
Ecliptics
Upload Accounts
Adding a description helps in our collection efforts and reduces backup requests!Slide18
Ecliptics
Upload AccountsSlide19
Ecliptics
Upload AccountsSlide20
Ecliptics
Search for AccountsSlide21
Ecliptics
Search for Accounts
If your agency assigned more than one account you might see a packet number that you can click on to view all accounts in the packet.Slide22
Ecliptics
Account Detail TabsSlide23
Ecliptics
Account Detail TabsSlide24
Ecliptics
Account Detail TabsSlide25
Ecliptics
Account Detail TabsSlide26
Ecliptics
Account Detail TabsSlide27
Ecliptics
Account Detail TabsSlide28
Ecliptics
Account Detail TabsSlide29
Ecliptics
Add PaymentSlide30
Ecliptics
Add PaymentSlide31
Ecliptics
Increase Adjustment
Other options availableSlide32
Ecliptics
Decrease AdjustmentSlide33
Ecliptics
Request CancellationSlide34
Ecliptics
Request CancellationSlide35
Ecliptics
Mass Cancellation
You can use the client inventory report to request a mass cancellation.Please always include the CCS account number.The status code is also required. For example, we may need to recall accounts from forward collection agencies or legal.Slide36
Ecliptics
Retrieve StatementsSlide37
Ecliptics
Retrieve StatementsSlide38
Ecliptics
Retrieve Statements
Select your client code(s) in the Client Number drop-down menu.Slide39
Ecliptics
Inventory ReportsSlide40
Ecliptics
Inventory ReportsThis report is set up to show accounts that have had payments within 30 days. You can change the date range to meet your requirements.Slide41
Ecliptics
Write Off
ReportsSlide42
Ecliptics
Write Off Reports
You can delete rows, but please don’t delete columns.Type your name in the appropriate spaces.Make sure the write off is signed by the appropriate member of your agency.Send the signed Excel document to CCS via Ecliptics message to: "Write Off Accounts CCS"Slide43
Ecliptics
Backup Requests
NEW in FY16!Slide44
Ecliptics
Backup RequestsSlide45
Ecliptics
Upload Back Up
Make sure backup is sufficient to prove the debt in a court of law.Insufficient or incorrect backup will not make it through a tax offset hearing.Please provide backup in a timely manner – 3-5 business days.If backup cannot be provided, please cancel the account. (It can always be reassigned later if you locate documents.)Slide46
Ecliptics
Encrypted Messages
Click New Messages to Compose a new message.Click Manage Messages to view older messages you’ve received.Slide47
Ecliptics
Encrypted Messages
Ecliptics is set up for security, so all messages are sent secure and encrypted. We can’t see if you send the message to more than one person, so make sure to either mention everyone in the greeting or note it in a CC. Also no record of sent or received, once deleted.If it’s confidential, use EclipticsOtherwise, use GoogleThanks!Slide48
ESSENTIAL
Management Life Cycle of Collections Account Successful CollectionsWorking Together To Improve EfficiencyCheryl DePriest Greg MechemWhat happens once an account is assigned?SHOW ME THE MONEY ! ! ! Slide49
CLIENT
RESPONSIBILITIES
HELP US HELP YOUExpectationsProcess Statements When ReceivedPost Payments to Your System Review Inventory Reports Confirm Validity of AccountVerify Balances Correct Available Backup Documentation Submit PayDirects Immediately Report Discrepancies Right AwayInclude all Information at AssignmentEnter Notes In Comment FieldsSlide50
ESSENTIAL
Management
Life Cycle of Collections Account Ways To Send New Accounts On-Line Through Ecliptics, Customized New Account Spreadsheet flat ASCII File Format Accounts Are Loaded Into System Collection Costs Are Added Interest Rate Added, If Appropriate Check For Correct Address Check SSN / Bankruptcy / Deceased Account SCORED – Bronze, Silver, Gold, PlatinumNotice Series Initiated Credit Bureau Reporting After 30 Day Dispute PeriodSlide51
COMPREHENSIVE
Services
Collection Strategy Identify The DebtorIdentify Self Confirm/Update Demographic Information Request Payment In Full Psychological Pause, “Deafening Silence” Can Be Very UsefulDiscover Problem Of Non-Payment Work Together To Find A Reasonable Solution Close The Call – Confirm Agreements and ActionsSlide52
COMPREHENSIVE
Services
Prioritized Collection ActivityReview All Required WorkBroken PromisesNew BusinessContact Debtors By Phone And MailVerify And Update Account InformationSolicit Payment In FullSet up & Maintain Payment PlansSkip TraceSlide53
CCS
Resources
Private Collection AgenciesVSG – Virtuoso Sourcing GroupEOS/CCA – Collecto IncACSI – Automated Collection Services IncMSB – Municipal Services BureauUCB – United Collection BureauPrivate Contract AttorneysMachol & JohannesSlide54
CCS
OffsetsCollecting Accounts Through Offset ProgramsSlide55
OFFSET
Programs
TAX OFFSET In Partnership With Dept. of RevenueLOTTERY OFFSET In Partnership With Dept. of RevenueGAMING OFFSET In Partnership With Dept. of Revenue Hosted By Statewide Internet Portal AuthorityFEDERAL OFFSET In Partnership With Federal Bureau of Public DebtVENDOR OFFSET In Partnership With State CORE ProgramSlide56
HIGH
Recovery Rate
Total Offsets Collected For Colorado $11 MillionTo Date This Year 2015$55.7 MillionSince Inception Slide57
TAX OFFSET
Guidelines & Notifications
Statutes 24-30-202.4 and 39-21-108(3)(A)(1)Notify Debtor Of Intention To OFFSET Letters Go Out To Good Addresses With Valid SSNsFinal Agency Determination/Reduce To JUDGMENT Debtor May Not Dispute Validity Of DebtRequest Hearing NOTIFICATION Hearing Process During Fall SeasonSlide58
MAIL
Returns
Accounts With Bad Or No AddressSSN’s Are Matched With Department of RevenueDebtor Notified By DOR As Tax Returns Are ReceivedRight To Hearing If No Prior NotificationRecent Clean Up of MR Bad AddressesSlide59
HIGH
Recovery Rate
Total Tax Offset Monies Collected$8,289,912 So Far This Year $43,705,863Since Inception in 1985Slide60
TAX
Offset Injured Spouse
Joint Returns & Innocent Injured Spouse If Debt is Not Jointly Owned, The Innocent Injured Spouse May Request A Refund Of Their Portion Of The TaxesInnocent Injured Spouse Form IIS Form is submitted by Spouse To DOR Up To 3 Years After Interception of Taxes DOR Recalculates Tax Refund Based On Contribution of Each And Reclaims Funds Back From CCS And Sends To Injured Spouse – CCS in turn Reclaims from ClientFederal Offset No time limit for filing IIS formSlide61
LOTTERY
Offset
WinningsEasy Come Easy Go Amazingly Lucky Winnings Intercepted From Colorado LotteryThreshold for Interception Same As For IRS And DOR$1,200.00 (Debtor Must Owe Minimum $300)Behind Child Support And Judicial Restitution$159,519 Last Year$247,684 Since InceptionSlide62
GAMING
Offset WinningsEasy Come Easy Go Amazingly Lucky Gaming Winnings Intercepted From Casinos And Racetracks Threshold For Interception Same As For IRS And DOR $600.00 (No Minimum)Behind Child Support And Judicial Restitution$45 Charge to Consumer ($20 SIPA + $25 Casino)$642,359 Last Year$1,303,564 Since InceptionSlide63
VENDOR
OFFSET
COREEasy Come Easy Go State Payments To Vendors Intercepted Through CORE, After Required 30 Day Notification$73,098 Last Year$1,835,878Since InceptionSlide64
FEDERAL
Offset
Programs3 Different Types of Federal Offset ProgramsFederal Tax - IRS And State Tax - DOR IRS Intercepts from DOR DOR Intercepts from IRSTOPS Offset Federal Tax Refund IRS In Partnership With Colorado Department Of Labor & Employment, UI Fraud Unreported EarningReciprocal Program Federal Offsets For State Debt Similar To State Vendor Offset Program Requires State Legislation – Passed Last Year Allow Federal Offset of State Payments - ReciprocalSlide65
RECIPROCAL
Program
SB 13-247 -Passed In 2013Offset Non-Tax Federal Vendor Payments For DEBTS OWED TO CCSOffset State Tax Refunds & State Vendor Offset For DEBTS OWED TO FEDERAL GOVERNMENT Offset State Tax Funds & State Vendor Offset For DEBTS OWED TO PARTICIPATING STATESCan Offset For Political SubdivisionsSlide66
HIGH
Recovery Rate
Total Federal Offset Collected CDLE UI - Fraud & Unreported Earnings$1,900,089 Last Year$8,592,135 Since Inception 2013Slide67
LUNCHSlide68
GROUP PHOTOSlide69Slide70
CCS
Legal
DeptDawn Zarubnicky – Legal Coordinator – CCSMelissa Sergent – New Claims Specialist Machol & JohannesBruce Mechura – Paralegal Machol & JohannesSlide71
CCS
Contract AttorneysMachol & Johannes – CCS Contract AttorneysJamie Kaplan – Bankruptcy AttorneyArianne Gronowski – Litigation AttorneySlide72
LEGAL
Dept. Responsibilities
Managing the Bankruptcy ProcessProcessing Deceased Debtor Information Preparing for and Attending Tax Offset Hearings Managing Suit Authorizations and Accounts in LitigationSlide73
BANKRUPTCY
Process Overview
CCS Notified of Bankruptcy filing via Bankruptcy Court, Client or Consumer/Debtor.Accounts are put in Bankruptcy Status and Client is Notified of Bankruptcy Filing. Automatic Stay goes into Effect. All Collection Activity must Cease until Bankruptcy Process is Complete. CCS Notified when Bankruptcy is Discharged: Generally 3-4 Months for a Chapter 7 Bankruptcy.Can be Several Years for a Chapter 13.CCS sends Bankruptcy Discharge Notice to Client. Client will Determine if Debt is Dischargeable or Non-Dischargeable in Bankruptcy. If Discharged, CCS will Cancel the Debt. If not Discharged, CCS will Resume Collection.Slide74
DECEASED
StatusWhat Is The Process For HandlingAccounts With A Deceased Status?When A Debtor Dies After The Account Is Assigned To CollectionsUpon Notification of Death we Verify the Information through our Skip Tracing service or by Requesting a Copy of the Death Certificate.Contact Originating Agency and update Account Status to DEC. CCS will keep account through one Tax Season for Tax Offset purposes. Then, CCS will Cancel the Account and the Originating Agency will be Notified. When The Debtor Dies Before The Account Is In Collections If the Debtor has been Deceased Less than One Year, send the Account to CCS and notify our Legal Department (dawn.zarubnicky@state.co.us) that the Debtor is Deceased.We will Update the Status to DEC and keep the Account through one Tax Season for Tax Offset purposes. Slide75
TAX
Offset
Hearings A TAX OFFSET HEARING IS NOT TO DISPUTE THE VALIDITY OF THE DEBT BUT TO DETERMINE IF THE TAX INTERCEPT IS PROPER.Overview Of Hearing ProcessRECEIVE Written Hearing Request From DebtorNOTIFY Originating Agency of Hearing DateREQUEST Back-Up Documentation And Signed Notarized AffidavitSCHEDULE Hearing With Office Of Administrative Courts NOTIFY Debtor of Hearing Date.MEET With Debtor Prior To HearingTESTIFY On Behalf Of Originating Agency At The HearingPRESENT All Information To Administrative Law JudgeSlide76
TAX
Offset
Post HearingAdministrative Law Judge Makes Determination if the Tax Intercept is Valid According to Facts Presented and Notifies CCS of the Outcome via an Initial Decision which is forwarded to our Client and the Debtor.Initial Decision can be Disputed by Either Party by Submitting Dispute to State Controller within 15 Days. CCS Submits to Attorney General’s Office for Review.Slide77
TAX
Offset
Post HearingState ControllerReviews Case File and Transcript of Hearing and Provides Final Decision. If Final Decision against State, CCS Refunds Tax Offset, Cancels and Returns Account to Originating Agency***PLEASE NOTE*** This does not mean the Debt should always be Cancelled by the Originating Agency. Often, there is not Sufficient Documentation to Prove the Debtor was Properly Notified of the Debt. The Originating Agency should Properly Notify the Debtor of the Outstanding Debt to give them an Opportunity to Pay the Debt Directly, without any Added Fees.Slide78
TAX
Offset
GuidanceBack-Up Documentation Sufficient to ProveOwnership of the Debt in Court of Law If Unavailable or Insufficient the Debt is Considered Invalid and Should be Cancelled, per FDCPA and CFDCPA.IF Judge Accepts Final Agency Determination Validity of Debt is not Considered at Hearing. Outcome of Hearing only Affects Tax Offset MoniesSlide79
CCS
LitigationOverview of Legal ProcessProfessional Legal ServicesSlide80
LITIGATION
AccountsWhen Do Accounts Go Into Litigation?Upon Client RequestAccount or Packet Over $500.00Assets VerifiedReview of Legal Tier – Bronze, Silver, Gold, PlatinumWithin Statute of Limitations to Obtain JudgmentSlide81
LITIGATION
AccountsWhat’s In The Legal Packet?Signed Suit AuthorizationBack-Up Documentation CDLE W-6 Screen Shots – Verified AssetsCUBS Information and NotesSlide82
SUIT
AuthorizationClient ChecklistVerified BalanceSigned Authorization FormAttached Supporting Back-Up Documentation Sufficient to Prove the Debt in a Court of Law Included Policies in Place during Term of Debt (For Higher Education Accounts ex. Copies of Student Handbook)Slide83
EXPIRED
Judgments
Do Judgments Have An Expiration Date?All Judgments Have Date of Expiration pursuant to C.R.S. § 13-52-102(2) District Court - 20 Years - $15,000 or more Due on Account pursuant to C.R.Civ.P Rule 54(h) County Court - 6 Years – Accounts Under $15,000 pursuant to C.R.Civ.P Rule 354(h)As Judgment nears Expiration Date, Machol & Johannes can “revive” the Judgment for another term. No limit to how many times a Judgment can be revived so long as consumer can be personally served with renewed Judgment paperwork. All Judgment liens expire 6 (or 20) years after entry of the Judgment unless the Judgment is revived and the revived Judgment is recorded before the Judgment lien expires, pursuant to C.R.S. § 13-521-102(1).If Debtor Cannot Be Located Prior To Expiration Date Of Judgment, the Judgment Expires And Debt Is Deemed Satisfied pursuant to C.R.S. § 13-52-102(2) CCS Will Notify Client Of Expired Judgment CCS Will Cancel Account Very few Judgments actually expireSlide84
BACKUP
DOCUMENTATIONYou be the Judge! In the following scenarios, Is the Backup Documentation Sufficient to Prove the Debt Valid before a Judge in a Court of Law? The Court Is Now In SessionSlide85
What should be sent?
How Would You Rule?Slide86
Will the Judge Rule in Our Favor?
Case File 001
Client sends five accounts for the same consumer to CCS with a total combined balance of $1098.00. Accounts have been sent to legal to obtain judgment.Backup documentation received on accounts shows consumer was notified of a debt due and owing of $1089.00.Is the backup documentation valid because:There is only a $9.00 difference and the back up documentation shows less than is actually due on the account so the judge will rule in favor of a judgment for $1089.00?ORIs the backup documentation not valid? Slide87
The Ruling
Case File 001
The backup documentation is not valid.The amount placed and the amount on the backup documentation do not match. The amount was transposed from $1089.00 on the documents to $1098.00 when placed with CCS.To correct this administrative error: Either the amount placed with CCS needs to be adjusted to $1089.00.OrThe backup documentation needs to be adjusted to $1098.00 and sent to the consumer before collection efforts can continue.Slide88
What should be sent?
How Would You Rule?Slide89
Will the Judge Rule in Our Favor?
Case File 002
Client sends account to CCS with an original principal balance of $1481.76. School receives very late federal funding that reduces the balance owed by the student to $681.76.Backup documentation provided is an invoice sent to the student showing $1481.76 due and owing.Is the backup documentation valid because the student knew of a debt owed and did not pay it?ORIs the backup documentation not valid because the balances don’t match on what is currently due and owing?Slide90
The Ruling
Case File 002
The backup documentation is not valid.The principal balances do not match, and With regard to crediting of late financial aid, it would be appropriate for schools to send a new bill with the adjusted balance and give the student (30) thirty additional days to pay before referring the account to CCS. Debts are to be referred to CCS within (30) thirty days after the debts have become past due. C.R.C. § 24-30-202.4(2). Slide91
What should be sent?
How Would You Rule?Slide92
Will the Judge Rule in Our Favor?
Case File 003
Client sends account to CCS with an original principal balance of $1013.01.Backup documentation for account shows a Statement addressed to consumer with a zero balance in the “Please Pay This Amount” line item.Statement shows zero balance due and owing because amount sent to CCS has been adjusted from the account.Is the backup documentation valid because the Judge will see the adjustments on the invoice and understand it is still due and owing at CCS and to the client?OR Is the backup documentation not valid because the balances don’t match and amount due and owing is now zero? Slide93
ExampleSlide94
The Ruling
Case File 003
The backup documentation is not valid.The Invoice states a zero balance due.TO CORRECT…The client needs to provide an explanation regarding the adjustments made to their Statement and explain that the balance due of $1,013.01 is due to CCS because the account has been placed with their office for collection.ORRevise their account Statement to reflect a balance due and owing of $1,013.01.Slide95
What should be sent?
How Would You Rule?Slide96
Will the Judge Rule in Our Favor?
Case File 004
Client sends account to CCS with an original principal balance of $3883.65. CCS has collected $334.56 on the original principal and the current principal balance due is $3549.09.Backup documentation provided for account is a Computer Screen Shot of an Account Detail showing $3883.65 originally sent to Collections. Current balance due is $3549.09. Is the backup documentation valid because balances match?OrOr is the backup documentation not valid? Slide97
ExampleSlide98
The Ruling
Case File 004
Trick QuestionThe backup documentation is not valid.The Information contained on the invoice is all correct and accurate, however, there is no information about the originating agency on the invoice. It should have something official on the documentation showing the agency, their logo, etc.. Slide99
Backup Documentation for Legal
Invoice/Statement that was sent to consumer
Underlying Agreement, Contract, Order, Promissory NoteInstrument providing the terms of pre/post judgment interest rates that fall outside of the statutory guidelines.Account Summary/Ledger of balance due and owingExplanation of what the charges are forReview that the documentation being provided has not been written on or altered once it has been sent/provided to the consumer and that it is on official letterhead or other identification of the agency Slide100
Denver Regional Conference
July 30, 2015
© Machol & Johannes, LLC - 2012Slide101
© Machol & Johannes, LLC - 2012
Principals of M&J, LLCSlide102
M&J has been in business since 9/15/1952
Almost 63 yearsCollection law only (no national dialer or agency work)Third generation firm with
small family business feel180 employeesLargest debt collection law firm in ColoradoM&J invests heavily in technologyA national leader in post-judgment payer rates and liquidation rates for many clients© Machol & Johannes, LLC - 2011Firm HistorySlide103
Compliance
High performanceExceptional client serviceIndustry leadershipEthicsGrowthTransparency© Machol & Johannes, LLC - 2011
Core ValuesSlide104
We
are the top performing firm for each of our clients We care about compliance and treat our consumers as we would like to be treatedWe are forward looking and will not accept systematic errors
© Machol & Johannes, LLC - 2011MissionsSlide105
M&J has a dedicated team of account representatives and paralegal staff that handle only government accounts.
This team is trained in the specifics of these accounts from placement ; which includes collection, litigation and post-judgment work© Machol & Johannes, LLC - 2012
Government TeamSlide106
© Machol & Johannes, LLC - 2012
Litigation OverviewSlide107
§ 24-30-202. 4. Collection of debts due the state--controller's duties--creation of debt collection
fundCollection Fee Add On Provision© Machol & Johannes, LLC - 2012
C.R.S. § 24-30-202.4Slide108
8)(a) The department of personnel may add a collection fee to the amount of a debt's principal and accruing interest referred to the state controller pursuant to this section except where other specific statutory authority, requirements under federal programs, or written agreement with the debtor provide otherwise. The department shall determine upon annual review the amount of the collection fee, which shall approximate the reasonable costs incurred by the controller in collecting debts. The collection fee may include a fee to recover the collection costs incurred by either the controller, private counsel, or private collection agencies, but in no case shall the aggregate fee for the controller or private collection agencies exceed twenty-one percent and in no
case shall the aggregate fee for private counsel exceed twenty-five percent
© Machol & Johannes, LLC - 2012Collection Fee: Contractual Slide109
(b) The debtor shall be liable for repayment of the total amount of a debt due to the state, including the collection fee plus allowable fees and costs pursuant to paragraph (c) of this subsection (8) and the delinquency charge pursuant to section 24-79.5-102. Any court-ordered award that is insufficient to cover the total amount outstanding shall be applied first to the principal amount owed, then to court costs, then to attorney fees, then to interest, and then to any delinquency charge
.(c) If such a debt due to the state is litigated and the state prevails, in addition to the collection fee, the debtor shall also be liable for the following:(I) Reasonable attorney fees as may be determined by the court
;(II) Court costs as described in section 13-16-122, C.R.S.; and(III) Fees incurred by the state's attorney in processing the litigation and collection of any judgment.© Machol & Johannes, LLC - 2012Collection Fee: Contractual Slide110
(2) When there is no agreement as to the rate thereof, creditors shall be allowed to receive interest at the rate of eight percent per annum compounded annually for all
monies after they become due on any instrument of writing, or money due on mutual settlement of accounts from the date of such settlement and on money due on account from the date when the same became due.
© Machol & Johannes, LLC - 2012Statutory Interest C.R.S. § 5-12-102Slide111
The statute of limitations for state agency claims differ based on the underlying contract and/or claim. The statute ranges from one year to six years, and some claims are not subject to the statute of limitations.
In order to determine the statute of limitations for specific claims, please contact Dawn immediately to have M&J review the account to ensure timely filing of your claim.
© Machol & Johannes, LLC - 2012Statute of LimitationsSlide112
In order to prevail in a litigation case, documentation is essential
If the claim is based on a contract, the underlying contract is necessaryIf the claim is based on an unpaid balance i.e.; bounced check, tuition, student loan, the supporting documentation must be provided to proceed with a lawsuit© Machol & Johannes, LLC - 2012
Documentation to support claims in litigationSlide113
It has long been the law in Colorado that a party attempting to recover on a claim for breach of contract must prove the following elements: (1) the existence of a contract; (2) performance by the plaintiff or some justification for nonperformance; (3) failure to perform the contract by the defendant; and (4) resulting damages to the plaintiff.
© Machol & Johannes, LLC - 2012
ELEMENTS TO PROVE AT TRIALSlide114
An express contract is one evidenced by the parties’ written or oral
words. An implied contract is an agreement in which the parties by a course of conduct have shown an intention to be bound by the agreement.
© Machol & Johannes, LLC - 2012ELEMENTS TO PROVE AT TRIALSlide115
Existence of Contract
Prove the consumer entered into an agreement with the State/Agency with a signed contract or using other documentation to prove an implied contract exists, ie: invoices, notices, checks, billing historiesWhat other proof exists that the consumer owes a balance or agreed to pay fees and charges
© Machol & Johannes, LLC - 2012ELEMENTS TO PROVE AT TRIALSlide116
Performance by plaintiff
What proof exists that the consumer entered into the contract with the State/Agency What proof exists balance and/or charges are appropriate© Machol & Johannes, LLC - 2012
ELEMENTS TO PROVE AT TRIALSlide117
Failure to perform the contract by the defendant
Payment History - No payment received from defendantProve defendant didn’t drop classesWhat about late withdrawal?© Machol & Johannes, LLC - 2012
ELEMENTS TO PROVE AT TRIALSlide118
Resulting damages to the plaintiff
What proof does State/Agency have that the damages are appropriate, either by law or by contractWhat proof exists that fees and charges were agreed toPROOF OF PRICE TERM FOR CONTRACT:Quantum Merit (reasonable value)Stated Price
© Machol & Johannes, LLC - 2012ELEMENTS TO PROVE AT TRIALSlide119
© Machol & Johannes, LLC - 2012
CEASE COMMUNICATIONSlide120
15 U.S.C.A. 1692c(c
) Ceasing communication“If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt,
except—to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.”© Machol & Johannes, LLC - 2012CEASE COMMUNICATION REQUESTSSlide121
Pursuant to the Colorado FDCPA, C.R.S. 12-14-105(e),
the Machol & Johannes initial demand letter states that: “A consumer has the right to request in writing that a debt collector or collection or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking action authorized by law to collect the debt.” However, the federal and Colorado FDCPA both provide that if a consumer notifies a debt collector in writing that the consumer refuses to pay a debt
or that the consumer wishes the debt collector to cease further communication with the consumer, the cease communication directive applies.© Machol & Johannes, LLC - 2012NOTICE OF RIGHT TO MAKE CEASE COMMUNICATION REQUESTSlide122
So,
if Machol & Johannes receives a written notice to cease communication, or a written notice that the consumer refuses to pay the debt: (1) We should note in Priority Notes that there is a cease communication on the account, and we should not communicate with the consumer, whether or not the written notice requests no communication by mail, or by telephone, or both, until such time as Machol & Johannes receives a clear waiver of the cease communication request.
(2) If the cease communication request is made within 30 days after receipt of the initial demand letter and includes a dispute of the debt, we should not communicate with the consumer, except to provide a verification of the debt, until such time as Machol & Johannes receives a clear waiver of the cease communication request.(3) If Machol & Johannes does receive a clear waiver of a cease communication request, the nature of the waiver should be noted in Priority Notes, and we should only communicate with the debtor in compliance with the waiver.© Machol & Johannes, LLC - 2012Machol & Johannes Procedures for Cease Communication Requests and WaiversSlide123
© Machol & Johannes, LLC - 2012
Post Judgment OverviewSlide124
High-level approach
Find assets and garnishFind assets via…Public databasesPrivate databasesDebtor examsDetailed approachSee following slide
© Machol & Johannes, LLC - 2012Post Judgment ProcessSlide125
Our
success is based on collecting Post Judgment (PJ) accountsPJ accounts are constantly being researched and worked
to locate assetsWork efforts include:Reviewing information found by way of research and requesting garnishments and liens where appropriateAttempting to contact the consumer to set up voluntary payments© Machol & Johannes, LLC - 2012Post Judgment CollectionSlide126
© Machol & Johannes, LLC - 2012
M&J Percentage of Monthly CollectionsSlide127
© Machol & Johannes, LLC - 2012
QUESTIONSSlide128
CREDITORS'
RIGHTS AND OBLIGATIONS
IN BANKRUPTCY CASESState of Colorado Central Collection ServicesDenver Regional ConferenceJuly 30, 2015© Machol & Johannes, LLC - 2012Slide129
A. Chapter
7 - Liquidation. All non-exempt assets are sold and the proceeds are distributed to creditors. A discharge is usually entered approximately 4 to 6 months after the case is filed.B. Chapter 11 - Reorganization. Debtor may be an individual, partnership or corporation. Debtor develops plan to repay or otherwise reorganize debts.C. Chapter
12 - Repayment plan for family farmer with annual income. Similar provisions to Chapter 13.D. Chapter 13 - Repayment plan for individuals with regular income, unsecured debts of less than $383,175 and secured debt of less than $1,149,525. Section 109(e) and 104. Can include business operations and business debts. A Chapter 13 plan lasts for 3 to 5 years. A discharge is not entered until after the Chapter 13 plan has been completed.- Cannot include corporations- Note that individuals do not “do business as” corporations© Machol & Johannes, LLC - 2012TYPES OF BANKRUPTCYSlide130
A. Effect
of Automatic StayThe automatic stay prohibits: 1. Enforcement of pre-petition debts and pre-petition judgment liens, including proceedings that could have been commenced before the
bankruptcy was filed and proceedings to recover claims that arose before the bankruptcy was filed. Section 362(a)(1), (2), (5) and (6).2. Enforcement of any debt, whether pre-petition, or post-petition against property of the estate. Section 362 (a)(3)and (4).3. Property of the bankruptcy estate. Section 541.Chapter 7 - substantially all property of the debtor, as of the date of filing the petition. Does not include earnings from post-petition services of individual debtor. Section 541(a)(6).Chapter 13 - substantially all property of the debtor, including post-petition earnings. Section 1306(a). © Machol & Johannes, LLC - 2012AUTOMATIC STAYSlide131
Effect
of Automatic Stay. It is established that withholding school transcripts for unpaid student loans is an effort to collect the student loans, which is stayed under Section 362 of the Bankruptcy Code. In re Gustafson,111 B.R. 282 (9th
Cir.BAP 1990), reversed on other grounds, 934 F.2d. 216.© Machol & Johannes, LLC - 2012EFFECT OF AUTOMATIC STAY AND BANKRUPTCY DISCHARGE ON WITHHOLDING STUDENT TRANSCRIPTSSlide132
(1) Once
a discharge has been entered and the automatic stay under Section 362 has terminated, it has been held that, where the debtor’s student loans are nondischargeable, withholding the student’s transcript is not a violation of the post-discharge governmental anti-discrimination provisions of Section 525 of the Bankruptcy Code, and the college would not be required to turn over the debtor’s transcripts where the debtor had failed to pay his nondischargeable student loans. Johnson v. Edinboro
State College, 728 F.2d 163 (3rd Cir. 1984).(2) In re Hernandez, 2005 WL 1000059 (Bankr.S.D.Tex. 2005) - Notes that the vast majority of cases find that withholding a transcript is a violation of the automatic stay - So, the rule remains that schools cannot withhold transcripts for failure to pay a student loan without seeking relief from the automatic stay.© Machol & Johannes, LLC - 2012EFFECT OF AUTOMATIC STAY AND BANKRUPTCY DISCHARGE ON WITHHOLDING STUDENT TRANSCRIPTS (cont’d)Slide133
Pursuant
to Section 362 (c), automatic stay ends: 1. As to property, when property is no longer property of estate; or 2. When bankruptcy case is closed, dismissed or discharge is entered
.Note that when a bankruptcy case is dismissed, there is no discharge entered. Effect of Bankruptcy Stay on Co-Debtors: 1. No co-debtor stay in Chapter 7 or 11, regardless of whether co-debtors are spouses or individual guarantors of corporate or LLC debts. 2. Co-debtor stay only exists in Chapter 13 for consumer debts. (a) Pursuant to 11 U.S.C. §1301(a), a Chapter 13 filing by one debtor creates an automatic stay of enforcement against any co- debtor on a consumer debt. - pursuant to Section 1301(a)(1), co-debtor stay does not apply to business debt© Machol & Johannes, LLC - 2012AUTOMATIC STAYSlide134
A. If
an overpayment is with CCS, and the overpayment has not been referred to Machol & Johannes, CCS is responsible for filing a proof of claim, if the debt and the bankruptcy fit the CCS criteria for filing a proof of claim.B. If an overpayment account is referred by CCS to Machol & Johannes, M& J is responsible for filing a proof of claim, if the debt and the bankruptcy fit the M&J criteria for filing a proof of claim. M&J criteria for filing proofs of claim:
1. Proof of claim will be filed in all Chapter 13 cases. 2. Proof of claim will only be filed in Chapter 7 cases in which there are assets sufficient to produce a dividend for creditors© Machol & Johannes, LLC - 2012PROOFS OF CLAIMSlide135
A. The
automatic stay will apply in both Chapter 7 and Chapter 13 cases, even if the creditor is not listed in the bankruptcy. As soon as the creditor learns of the bankruptcy, the creditor must cease collection activity until the case is over.B. No discharge for debts omitted in a Chapter 7 or a Chapter 13 case from schedules where omission impairs the creditor's right to file a proof of claim or to request a determination of nondischargeability. Section 523(a)(3).
C. If a complaint to determine dischargeability is an issue, and the creditor was omitted from the schedules, a creditor may pursue a determination of non-dischargeability after the 60 day deadline in Bankruptcy Rule 4007(c). Section 523(a)(3)(B), 523(c)(1) and Bankruptcy Rule 4007(b). In re Candidos, 327 B.R. 112 (Bankr.E.D.N.Y. 2005).D. In a no asset case where a complaint to determine dischargeability is not an issue, the omitted debt is not excepted from discharge, and the debt is discharged without the need to reopen the case. Section 523(a)(3)(A). In re Padilla, 84 B.R. 194 (Bankr.D.Colo. 1987).E. Pre-petition debts that are not listed in a Chapter 13, and which are not provided for by a Chapter 13 plan, will not be discharged. Section 1328(a)(2) and (c)(2). © Machol & Johannes, LLC - 2012EFFECT OF BANKRUPTCY ON DEBTS OMITTED FROM BANKRUPTCYSlide136
A. Government
fines and penalties - Section 523(a)(7)1. Nondischargeable if payable to a governmental unit and is not compensation for actual pecuniary loss. Nondischargeable without the need for filing a complaint to determine dischargeability, pursuant to Section 523(c)(1).B. Nondischargeable
debts in Chapter 13. 1. The list of debts excepted from a Chapter 13 discharge under the previous Section 1328(a) has been expanded to include debts defined by §523(a)(1)(B) and (C), (a)(2) and (a)(3), unfiled, late-filed, and fraudulent tax returns, fraud, failure to notify creditors of the bankruptcy in time to allow filing a proof of claim or to file a complaint to determine dischargeability of debt, but government fines and penalties under 523(a)(7) are dischargeable in Chapter 13. © Machol & Johannes, LLC - 2012ADDITIONAL NONDISCHARGEABILITY ISSUESSlide137
Fraudulent unemployment overpayments.
1. The 65% penalty under C.R.S. §8-81-101(4)(a)(II) is nondischargeable under 11 U.S.C. §523(a)(7), as a penalty payable to and for the benefit of a governmental unit that is not compensation for actual pecuniary loss. The 65% penalty for unemployment fraud is also nondischargeable as ancillary to the fraud. So, the penalty is also nondischargeable in Chapter 13 under Section 523(a)(2).
© Machol & Johannes, LLC - 2012ADDITIONAL NONDISCHARGEABILITY ISSUES (cont’d)Slide138
Liens
of secured debts, including judgment liens, if not avoided in the bankruptcy case, generally survive bankruptcy. Dewsnup v. Timm, 502 U.S. 410, 112 S.Ct. 773, 116 L.Ed.2d 903 (1992).
2. Under Section 524, a bankruptcy discharge constitutes a permanent injunction against enforcement of a discharged debt as the personal liability of the debtor, but a discharge does not prohibit in rem enforcement of a lien against the property which secures a secured debt. In re Wrenn, 40 F.3d 1162 (11th Cir. 1994).© Machol & Johannes, LLC - 2012POST-DISCHARGE ENFORCEMENT OF NON-AVOIDED LIENSSlide139
Although there is no case on point, it appears that such post-discharge lien enforcement could include revival of a judgment for the limited purpose of extending the six-year duration of a judgment lien in Colorado.
3. There does not appear to be a time limit for avoiding liens, as liens may be avoided after the bankruptcy case is closed, if the lien impairs an exemption, based on the value of the property when the case was filed.
© Machol & Johannes, LLC - 2012POST-DISCHARGE ENFORCEMENT OF NON-AVOIDED LIENS (cond’t)Slide140
1. No
co-debtor stay in Chapter 7 or 11, regardless of whether co-debtors are spouses or individual guarantors of corporate or LLC debts.2. Co-debtor stay only exists in Chapter 13 for consumer debts.a. Pursuant to 11 U.S.C. 1301(a), a Chapter 13 filing by one debtor creates an automatic stay of enforcement against any co-debtor on a consumer debt.
© Machol & Johannes, LLC - 2012EFFECT OF BANKRUPTCY ON CO-DEBTORSSlide141
No
co-debtor stay except in Chapter 13.No co-debtor stay in Chapter 7 or 11, even on consumer
debts.No co-debtor discharge for LLC or corporation when officer, director or shareholder files bankruptcy.No co-debtor discharge for corporation when individual files as o/d/s (officer, director or shareholder)-o/d/s designation makes no difference. The corporation is unaffected by the individual’s bankruptcy filing.No co-debtor discharge for officer, director or shareholder when corporation or LLC files bankruptcy© Machol & Johannes, LLC - 2012EFFECT OF BANKRUPTCY ON CO-DEBTORS (cont’d)Slide142
Definition of a student loan.
Bankruptcy Code Section 523(a)(8), an educational loan is nondischargeable if it is: (A)(i
) a debt for an educational benefit overpayment or loan made, insured or guaranteed by a governmental unit or made under any program funded in whole or in part by a governmental unit or nonprofit institution; or(ii) for an obligation to repay funds received as an educational benefit, scholarship or stipend; or(B) any other educational loan that is qualified education loan, as defined in Section 221(d)(1) of the Internal Revenue Code of 1986.unless excepting such debt from discharge under this paragraph will impose an undue hardship on the debtor and the debtor’s dependents.11 U.S.C. §523(a)(8). © Machol & Johannes, LLC - 2012NONDISCHARGEABILITY OF STUDENT LOAN DEBTS – SECTION 523(a)(8)Slide143
1.
There is no longer any limit on dischargeability of student loans with respect to the age of the loan. The time limit provision in Section 523(a)(8) of the Bankruptcy Code was removed in 1999.
2. Student loan debts are not dischargeable in Chapter 7 or Chapter 13, unless there is a finding of undue hardship. Section 1328(a)(2).3. Educational loans are presumed to be nondischargeable. - No requirement for creditor to file a complaint to determine dischargeability. In re Gustafson, 111 B.R. 282 (9th Cir.BAP 1990). 4. A debtor may file a complaint to determine dischargeability of a student loan, based on hardship to the debtor and dependents under Section 523(a)(8). Educational Management Corporation v. Polleys, 356 F.3d 1302 (10th Cir. 2004) and In re Woodcock, 149 B.R. 957 (Bankr.D.Colo. 1993).© Machol & Johannes, LLC - 2012NONDISCHARGEABILITY OF STUDENT LOAN DEBTS – SECTION 523(a)(8) (cont’d)Slide144
...
11 U.S.C. § 523(a)(8), which provides that student loan debts guaranteed by governmental units are not included in a general discharge order unless excepting the debt from the order would impose an “undue hardship” on the debtor. See also § 727(b) (providing that a discharge under § 727(a) discharges the debtor from all prepetition debts except as listed in § 523(a)).[5]
Section 523(a)(8) is “self-executing.” [citations omitted] . Unless the debtor affirmatively secures a hardship determination, the discharge order will not include a student loan debt. Tenn. Student Assistance Corp. v. Hood, 541 U.S. 440, 450, 124 S. Ct. 1905, 158 L. Ed. 2d 764 (2004).© Machol & Johannes, LLC - 2012STUDENT LOANS AS PRESUMPTIVELY NONDISCHARGEABLE IN BANKRUPTCYSlide145
Use
of Chapter 13 Plan to pay student loan debts.1. A Chapter 13 Plan which provides that the unpaid portion of student loan debts will be discharged based on undue hardship
will effect a discharge of the student loan debts, if the Plan is confirmed and the student loan creditor fails to object to confirmation. In re Anderson, 215 B.R. 792 (10th Cir. BAP 1998).But the Chapter 13 Plan must specifically assert undue hardship for the student loan to be discharged. In re Kaufman, 122 Fed.Appx. 815 (6th Cir. 2004)2. A Chapter 13 Plan may provide for partial payment of student loan debts, but the unpaid portion will not be discharged, unless the debtor obtains a determination of undue hardship under Section 523(a)(8). In re Taylor, 223 B.R. 747 (9th Cir. BAP 1998).© Machol & Johannes, LLC - 2012CHAPTER 13 PLAN TREATMENT OF STUDENT LOAN DEBTSSlide146
- Note special nondischargeability exception for Health Education Assistance Loans (HEAL), 42 U.S.C. §292f(g). HEAL loans are presumed nondischargeable, unless the Bankruptcy Court finds that it would be
unconscionable not to discharge the loan. A debtor cannot request a discharge of HEAL loan until at least 7 years after the loan first becomes due. In re Zierden-Landmesser, 214 B.R. 300 (Bankr.M.D.Pa. 1997). See also U.S. Dept. of Health and Human Services v. Smitley, 347 F.3d 109 (4th Cir. 2003)© Machol & Johannes, LLC - 2012EXCEPTIONS TO DISCHARGE - 11 U.S.C. §523Slide147
The
majority of courts have concluded that student loans obtained by a parent for the educational benefit of a child are nondischargeable. Obligation debtor incurred for her children's education was educational loan within meaning of statutory exception to discharge and that exception applies to both debts of student borrowers and to obligations incurred by their non-student co-obligors);....
In re Hamblin, 277 B.R. 676, 679 (Bankr.S.D.Miss. 2002).© Machol & Johannes, LLC - 2012STUDENT LOANS AS NONDISCHARGEABLE FOR PARENTS AND STUDENTS IN BANKRUPTCYSlide148
In
In re Parker, the court found that Boston University acted in contempt of the discharge injunction by refusing to allow the debtor to register for classes after the discharge of the debt owed to the university. 334 B.R. at 538. In the recently decided In re Kuehn, the Seventh Circuit likewise found that a private university violated the discharge injunction for its refusal to honor the debtor's state-law right to receive a copy her transcript.
In re Moore, 407 B.R. 855, 859, 861 (Bankr.E.D.Va. 2009).© Machol & Johannes, LLC - 2012EFFECT OF BANKRUPTCY DISCHARGE ON COLLECTION OF STUDENT LOANS AND WITHHOLDING STUDENT TRANSCRIPTSSlide149
...
enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which separated § 523(a)(8) into two independent clauses, i.e, (A)(i) and (A)(ii), ... § 523(a)(8) now has a test under (A)(i) for “an educational benefit ... loan made ... by
a governmental unit” and (A)(ii) for “an obligation to repay funds received as an educational benefit,” ....* * * *Baiocchi, 389 B.R. at 831–32. The Baiocchi court observed that “BAPCPA's separation of the phrase ‘obligation to repay funds received as an educational benefit’ from ... § 523(a)(8)(A)(i), must be read as encompassing a broader range of educational benefit obligations.” 389 B.R. at 831–32. In re Belforte, 2012 WL 4620987 (Bankr.D.Mass. 2012).© Machol & Johannes, LLC - 2012FINANCIAL AID REFUNDS AS NONDISCHARGEABLESlide150
A. A
governmental unit may not deny, revoke or refuse to grant a license or permit to a debtor, deny employment to a debtor, or discriminate with respect such a grant or employment of debtor solely because the debtor has filed bankruptcy, or has not paid a debt that is dischargeable in bankruptcy. Section 525(a).B. A governmental unit that operates a student loan program, and a person that makes loans under an insured or guaranteed student loan program, may not deny a loan or loan guarantee to a debtor because the debtor has filed bankruptcy or has not paid a debt that is dischargeable in bankruptcy. Section 525(c).
C. If the student loan is discharged, refusing to provide a transcript would be an attempt to collect a discharged debt and would be a violation of the discharge injunction under Section 524(a)(2), and a violation of the anti-governmental discrimination provision under Section 525(a).© Machol & Johannes, LLC - 2012GOVERNMENTAL DISCRIMINATION. SECTION 525Slide151
© Machol & Johannes, LLC - 2012
QuestionsSlide152
ESSENTIAL
Management Successful CollectionsWorking Together to Improve EfficiencySlide153
ESSENTIAL
Management Successful Collections Once Accounts Are in CollectionsAutomated Overnight Processes ACTIVE COLLECTIONSLetter Series Begins STATE LETTERHEAD Instruct Callers to Contact CCS RESOLVE STATE DEBTLet us Collect on the Accounts VERIFY ACCURATE BALANCESCollection Calls EFFECTIVE & DIPLOMATICValid SSN/FEIN OFFSET PROGRAMSSlide154
ESSENTIAL
Management
Fiscal Rules and Policy Guidance Cancelling Accounts In Accordance with Fiscal Rules New Account Placed IN ERROR Backup Documentation UNAVAILABLEPaid in Full at Originating Agency 5 DAY GRACE PERIODDefaulted Student Loan SUCCESSFULLY REHABILITATEDDischarged in BANKRUPTCYRefunds CCS Refund Principal and Collection CostsRecoup funds from Client next StatementSlide155
ESSENTIAL
Management
Fiscal Rules and Policy Guidance Adjusting Account BalancesIn Accordance with Fiscal Rules Adjust Assigned Amounts TO CORRECT ERRORS Should Not be Used in Place of PAYMENT NOTIFICATIONSSlide156
ESSENTIAL
Management
Fiscal Rules and Policy Guidance Managing Collection Accounts through EclipticsIn Accordance with Fiscal Rules Designated A/R Representative ACCOUNT MANAGEMENT Primary and Secondary Contacts CURRENT CONTACTS Appropriate Level of Ecliptics Access PROTECT DEBTOR INFONotify CCS when Staff Member Leaves DELETE ACCESSSlide157
ESSENTIAL
Management
Recommended Write Off Accounts Two Types of Recommended Write Off Reports Over $50 & Under $50 Customized Ecliptics ReportsFiscal Procedures Criteria Referred to CCS for Collections Deemed as Uncollectible by CCS Twenty- seven Months of No Payment Activity Through at Least one Tax Offset SeasonWrite Off Accounts Remain Valid, Active and CollectibleSlide158
COMMUNICATIONS
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COMPREHENSIVE
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Thoughts To Ponder. . .Do they have a 4th of July in England? How many birthdays does the average man have? Some months have 31 days; how many have 28?In baseball how many outs are there in an inning?Is it legal for a man in California to marry his widow's sister?Divide 30 by 1/2 and add 10. What is the answer?If there are 3 apples and you take away 2, how many do you have?A doctor gives you three pills telling you to take one every half hour - How many minutes would the pills last?A farmer has 17 sheep, and all but 9 die. How many are left?How many of each kind of animal did Moses take on the ark?How many two cent stamps are there in a dozen?