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3/7/2012 11:05:36 AM
 
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Section 5: OPA Board Subject: OPA Loses IRS Case Msg# 823961
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In the case of your example, I agree OPA should have pursued all avenues for collection, including wage garnishment if the option was available.
The legal costs versus possible return must still be a consideration, however. |
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For reference, the above message is a reply to a message where: Joe: "Agreed, but only to the extent that the cost to try and collect is reasonable relative to the possibility of collection" What do you mean? I agree that if the member is going bankrupt we need to throw in the towel and write off the debt. We are to late. However, shy of that scenario, there is always the "possibility of collection" and any and all costs can and should be posted against the delinquent member.An example if I may. There was a case of a delinquent member who successfully bankrupted OPA for well over $8,000.00 in unpaid assessments and related costs. We then wrote it off. Within two years the same individual owed us over $3,000.00 in unpaid assessments and related costs. This individual was employed by county government. I can assure you that had we filed suit and been awarded a judgement we would have had no problem attaching his paycheck. Of course it would have never come to that because my guess is as soon as we filed he would have paid OPA instead of his cable TV or private club dues. Marty |
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