Augusta Utilities will select one or more qualified private collection agencies to assist in the collection of delinquent water and sewer accounts. In order to be considered for inclusion, the collection agency must agree to the conditions set forth in this policy. The amount retained by any Agency for the collection of a debt shall be negotiated between Augusta Utilities and the Agency. The Agency shall account for and remit to Augusta Utilities the net proceeds of any amounts recovered at least once every 30 days.
Augusta Utilities shall be provided with a written report, by month and fiscal year to date, on collection activities including the following information with respect to each current collection matter:
- The number and dollar value of each debt to be collected, the name of the individual, the account ID number, and the month in which the debt was received for collection.
- All amounts actually collected on each debt, or a statement that the debt was adjusted or that a debt is uncollectible, if such is the case.
- The date any lawsuit was filed for collection, and the date any judgement was obtained against the debtor.
- The average total debt balance of all accounts, dollar amount collected, recovery rate, and commission percentage and amount. All figures shall be related to the month in which the debt was received.
- Other reports which Augusta Utilities may require.
Monies due to Augusta Utilities shall be deposited and maintained in a non-interest-bearing trust account and must be remitted to Augusta Utilities within 30 days of receipt by the Agency. The Agency shall establish the trust account in the name of Augusta Utilities, or ensure that Augusta Utilities is identified in its bond agreement.
All debt assigned the Agency for collection by Augusta Utilities is subject to the terms and conditions as set forth in this policy.
- The Agency shall, at its own expense, employ legal counsel to handle litigation necessary to collect the debt.
- If litigation is filed, all costs associated with the litigation are the sole responsibility of the Agency filing the litigation.
- The Agency may not adjust or settle any debt so assigned without prior approval of Augusta Utilities.
- Augusta Utilities must be notified within three days of any threatened or actual legal action naming the City of Augusta, Augusta Utilities, or any of its employees or officers as party.
Any agency selected shall remain licensed under its respective occupational licensing statutes or regulation during the term of its contract with Augusta Utilities. The Agency shall at all times act in compliance with the provisions of the Fair Debt Collection Practices Act and any applicable federal and state statutes.
Approved by the Augusta Commission on October, 5, 1999