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MUNINET Home

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MUNINET  October 2008

MUNINET October 2008

Subject:

Re: tax sales - Small Claims Court

From:

Melissa Ross <[log in to unmask]>

Reply-To:

Vermont Municipal Government Discussion Network <[log in to unmask]>

Date:

Fri, 3 Oct 2008 08:57:01 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (102 lines)

Thank you! That is encouraging and I'll give it a try.

Missy

Melissa Ross
Town of Hinesburg
P.O. Box 133
Hinesburg, VT  05461
(802)482-2281

-----Original Message-----
From: Vermont Municipal Government Discussion Network
[mailto:[log in to unmask]]On Behalf Of Jim Leyton
Sent: Thursday, October 02, 2008 5:34 PM
To: [log in to unmask]
Subject: Re: tax sales - Small Claims Court


We recently had great success with our first use of this process.  We called
the Clerk of the Superior Court in our County, who sent us a very complete
and informative booklet and a claim form.  Our commercial debt was slightly
over $1100 so our fee was $75 (up recently from $60).  Within 10 days of
filing our claim, we got paid in full, INcluding the $75 filing fee.  No
lawyer involved.

Good luck.

Jim Leyton, Director of Marketing
Eastern Systems Group
Business Printing and Software - since 1959
5197 Main Street, Unit 7
Waitsfield, VT  05673
V: 800.223.0101 F: 800.421.0101 C: 802.793.2900
[log in to unmask]  www.GoEastern.com


-----Original Message-----
From: Vermont Municipal Government Discussion Network
[mailto:[log in to unmask]]On Behalf Of Karen Richard, Town Clerk
Sent: Thursday, October 02, 2008 2:14 PM
To: [log in to unmask]
Subject: Re: tax sales


Since we have more than 700 mobiles home in Colchester, and we struggle to
collect the delinquent taxes, we have tried everything. Tax sales typically
do not work, as there is too much risk involved. During the year redemption
period a mobile home can become damaged due to neglect. If the heat is
turned off and the pipes freeze it could even become uninhabitable.

We do contact the mobile home park owner and invite them to the tax sale,
and that has worked a few times.

We have used small claims court, with some success. We were able to clear up
a mobile with 9 years of back taxes after we brought them to small claims
court. At first,  they ignored the judgement. we went back to small claims
court and the court asked them to come with all of their financial info. At
that point they agreed to a payment plan that cleared up 9 years of taxes in
about 2 years.

We did some of the paperwork on our own, and at times we did use the town
attorney when we became frustrated that the judgements were being ignored.
There is paperwork and a filing fee (Ithink about $50). We filed the
judgement in the land records. Sometimes you get paid and sometimes you
don't.

One thing that has been somewhat successful is the autodebit program. When
we sit down with the delinquent taxpayer we suggest that we debit their bank
account. We have five different days of the month that we debit, so we can
accomodate most pay periods, whether it is monthly, weekly, biweekly etc.

I wish there could be an a different process for mobile homes. The tax sale
process is not the answer.

Karen Richard



----- Original Message -----
From: "Melissa Ross" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, October 02, 2008 10:27 AM
Subject: tax sales


> Hello- We just had a tax sale this morning and had a mobile home that no
> one
> bid on, not surprisingly.  I was wondering if anyone had any experience
> taking people to small claims court for collection of delinquent taxes in
> such an instance?  What is the process and whom would I initially contact
> to
> start that process?  Do we need to hire a lawyer??  Thanks in advance for
> any info!
>
> Missy
>
> Melissa Ross
> Town of Hinesburg
> P.O. Box 133
> Hinesburg, VT  05461
> (802)482-2281

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