Anyone who thinks they got away with blowing off a citation written in Fulton County -- even a decade ago -- should think again.
Starting this month, unpaid tickets for speeding, running red lights and other minor offenses will be coming back to haunt scofflaws in a major way, and it won't matter whether the infractions happened as far back as the year 2000.
With an eye on millions of dollars in potential revenue, Fulton County is turning over to collection firms the names of offenders who have skated on fines. The bounty: roughly $7 million in unpaid code enforcement and traffic tickets.
Expect letters and phone calls from strangers who don't give up easily.
Concerns have been raised about the potential for harassment by profit-driven debt collectors as well as the possibility of errors on cases that are so old. But Fulton is seeking ways to improve efficiency to ward off a tax hike, and officials say abusive tactics won't be tolerated.
While the use of collections agencies by governments is nothing new, Fulton's effort is notable for breadth and abruptness. The hunt begins this month for scofflaws responsible for about 43,000 outstanding traffic tickets dating to 2000 and almost 540 unpaid code enforcement violations going back to 2001.
Fulton estimates that, even if with modest returns, the effort will bring in an additional $2 million to $3 million. The four hired firms will keep about 20 percent of what they collect.
"I can only hope that the decision made to outsource with these companies will bring in money," said Barbara Payne, executive director of the Fulton County Taxpayers Foundation, "without dragging taxpayers through the mud."
The county has hired Chicago-based Harris & Harris, Texas-based Linebarger Goggan Blair & Sampson, Texas-based Municipal Services Bureau and Pennsylvania-based Penn Credit Corp. All four have generated complaints in other parts of the country, such as claims of people being hassled to pay tickets they already settled.
Phineas Baxandall, an analyst with the Georgia Public Interest Research Group, a consumer advocacy organization, said that with the firms going so far back, there are bound to be thousands of people who don't get the letters because they've moved. There could be erroneous claims and cases of mistaken identity, he said.
He would prefer governments keep collections in-house.
"This might be the easiest and fastest way," Baxandall said, "but they should do it in a way that would be best for residents."
Up to now, Fulton has placed liens against properties when code enforcement fines aren't paid. But there are no consequences unless the property changes hands.
The recourse for traffic offenses is to turn the motorist over to the state Department of Driver Services, which suspends licenses.
But for those struggling to make ends meet, some might opt to take their chances, facing the difficult decision of whether to pay a $300 fine or buy groceries, State Court Chief Judge Patsy Porter said.
DeKalb County and the cities of Alpharetta, Atlanta, Roswell are among the local governments that already use collection agencies.
Sentinel Offender Services brings in about $3,000 for Gwinnett County each month, Recorders Court Clerk Jeff West said.
"Everyone's trying to squeeze the last penny out of the dollar," West said.
Fulton's State Court judges -- who oversee Magistrate Court, which handles traffic offenses -- didn't enter into the relationship with debt collectors lightly. The County Commission hired the companies in September, but their start-up has been delayed amid concerns about treating defendants fairly.
The judges insisted that the firms first send letters giving defendants 10 business days to set a new court date or pay the fine, with the $50 to $100 late fee waived.
"We serve the people," Porter said, "so we can't be oppressive."
But Sergei Lemberg, a Connecticut attorney who represents debtors in harassment claims, said residents will be in a precarious position because the federal Fair Debt Collection Practices Act doesn't cover government fines. The law forbids calls past 9 p.m., abusive language, and pretending to be attorneys or police, among other things.
Fulton officials said they'll require the firms to follow the terms of the federal law. Commissioner Bill Edwards said any harassment or intimidation will lead to dismissal.
Concerns have also been raised that hiring debt collectors could further sour feelings toward the county government. Fulton's Tax Commissioner's Office has faced criticism for selling tax liens to collection firms. Those complaints weren't about harassment, but rather because the companies didn't do enough to inform people that they owed money while penalties rang up.
Cobb County State Court doesn't use debt collectors, although Clerk Diane Webb said companies have aggressively solicited its business. Suspending licenses is enough, she said, because eventually offenders have to settle their tickets.
“I just cannot work it through my mind," Webb said, "letting go of that responsibility, doing that to the defendant."
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