<div dir="ltr"><div><strong></strong><br></div><div><strong>Thank you all for your prompt replies. I have included all the responses I received as each one is slightly different and will help others in setting policies. In summary, most responding libraries use Unique Management for collections and write off all bankruptcy fees. Some libraries give the bankruptcy patron a clean slate with all privileges restored, other options are listed. </strong></div><div><strong></strong><br></div><div><strong></strong><br></div><div><strong>Canton Public Library:</strong><br></div><p id="yui_3_16_0_1_1439828488888_7648"><span> </span>1. No we in Canton do not get the authorities involved to get our materials back if they are legally checked out. We have involved them in cases of theft or card use fraud.<br></p><p id="yui_3_16_0_1_1439828488888_7656"><span> </span>2. When I get the first notice of bankruptcy, I place a note in the patron record instructing my staff to not attempt to collect money owed, but to encourage the patron to return the material (we only use a collection agency when materials have been billed). Once I get the notice of the result of the bankruptcy, I will remove the note if the result is that it has been dismissed; or, waive all fines and replacement costs if the result is discharged, and I add a note to the patron record addressing the fact that all fines have been waived per order of bankruptcy. We have chosen to waive all fines instead of just fees for billed material-wipe the slate clean, so to speak-instead of forgiving just the fine portion of the balance. We do not block the patron in any way once the fines have been waived.<br></p><div><span> </span>3.We use Unique Management as our collection agency and have chosen $35 as our threshold, however, as I said earlier, we do not send anyone for fines only. Only when a patron has fines on their account, and then are billed for an item that brings the balance over the threshold, or if the materials for which they have been billed equals $35 or more, will their name be submitted. </div><div><br></div><div><br clear="all"><strong>Brighton District Library:</strong></div><div><div class="gmail_default" style="font-size:small"> </div><div class="gmail_default" style="font-size:small"> The Brighton District Library has used Unique Collection agency since about 1998. We have had a significant amount of materials returned, as a result. We send patrons to collection only for LOST items, including the $5.00 Processing Fee. The combined cost needs to be $25 or more.</div><div class="gmail_default" style="font-size:small"> What I have learned from Unique in regards to bankruptcies is that once a bankruptcy has been discharged (granted), fines and fees need to be waived, including the $10.00 Referral Fee. LOST items are not waived/forgiven; bankruptcy does not apply to items that are owned by another entity, such as a library. If the item is returned, then the overdue fine needs to be waived. This applies only to fines/bills <u>prior</u> to the file date for bankruptcy. All of this would apply to the accounts of any children involved, as well. </div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small"><strong>Mulliken District Library</strong><br><br><div>Hello! I can speak first hand about getting reimbursed for materials and fines. I just started here as Director in January. My previous job was in law enforcement, so I kind of had the upper hand in knowing how to go about collecting fines, etc., and not letting people get away with not returning items (my example would be to rent a carpet cleaning machine from Meijer and not return it and see how THAT goes)! HA!</div><div><br></div><div>Anyway, our prosecutor (Eaton County) has a special unit that handles "failure to return rental property", and they even came to a meeting of the Eaton County libraries and did a presentation (long before I started) on how to go about collecting payment, etc. I had a patron who had a HUGE amount of fees, and the materials taken out were very expensive. At any rate, it took from February to this week, but I got reimbursed for all materials that were NOT returned and outstanding fines (magically she managed to return some of the materials when the prosecutor got involved....however, she ignored all my calls and registered letters I sent to her). So yes, it is possible to collect. Had she not paid up, there would have been a warrant for her arrest. It does and can happen! Contact your local prosecutor, and I would guess they have a special unit for the same type of thing.</div><div><br></div><div>I haven't had to deal with any bankruptcy issues yet. Not sure how that would be handled, but hopefully I won't have to deal with it. </div></div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small"><strong>St. Charles District Library</strong></div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small"><p class="MsoNormal"><span style="color:rgb(31,73,125);font-family:"Calibri","sans-serif";font-size:11pt">We use Unique Management debt collection service for any materials or fines over $25.00. If the patron does not pay, they would be reported to a credit agency.<u></u><u></u></span></p><p class="MsoNormal"><span style="color:rgb(31,73,125);font-family:"Calibri","sans-serif";font-size:11pt"><u></u> <u></u></span></p><p class="MsoNormal"><span style="color:rgb(31,73,125);font-family:"Calibri","sans-serif";font-size:11pt">Bankruptcies would still be banned from checking items out if their fines exceed $5.00. They had ample opportunity to get their account issues resolved and materials returned before they went to collections or incurred any fines or fees. <u></u><u></u></span></p><p class="MsoNormal"><span style="color:rgb(31,73,125);font-family:"Calibri","sans-serif";font-size:11pt"><u></u> </span></p><p class="MsoNormal"><span style="color:rgb(31,73,125);font-family:"Calibri","sans-serif";font-size:11pt"><br></span></p></div><div class="gmail_default" style="font-size:small"><div><div><strong>Commerce Library:</strong><br><br></div>We work with Unique Management Systems for delinquent accounts of $25.00 or more. They work exclusively with libraries and I would highly recommend them if you are thinking of sending patrons into collections. <br><br></div>Every month we get reports from Unique regarding bankruptcies. Any patrons who have their bankruptcies discharged (approved) , we cancel all outstanding fees and fines on the account. The library account is then unblocked and is treated the same as any other account. We don't have very many of these, maybe two or three a year. <br><br></div><div class="gmail_default" style="font-size:small">As for prosecutions, we have never done that and I don't expect that it's something that will be on the table any time soon. It always has the potential of generating bad PR for the library. But if you are in a situation where some patrons have huge amounts of unreturned materials costing hundreds of dollars. I could see where a library may decide to go ahead with it. </div><div class="gmail_default" style="font-size:small"><div class="yj6qo ajU"></div></div><div class="gmail_default" style="font-size:small"><strong> Berrian Springs:</strong></div><div class="gmail_default" style="font-size:small"><br></div><div class="gmail_default" style="font-size:small"><div><font color="#000000" face="Garamond,sans-serif" size="3" style="font-size:12pt">We haven't prosecuted anyone for materials or fines. </font></div><div><font color="#000000" face="Garamond,sans-serif" size="3" style="font-size:12pt"><br></font></div><div><font color="#000000" face="Garamond,sans-serif"><span style="font-size:12pt">We have received bankruptcies...one. All that was owed on that account was late fees. The fees were cleared and the patron left active, able to check material out and use the computer. We don't have a written policy regarding this. If the library were to receive more </span>bankruptcy filings I would most likely clear the account and allow the patron to check material out. <span style="font-size:12pt"> </span></font></div><div><font color="#000000" face="Garamond,sans-serif" size="3" style="font-size:12pt"><br></font></div><div><font color="#000000" face="Garamond,sans-serif" size="3" style="font-size:12pt">More then ten years ago a former director looked into using a collection agency-Unique Management-but the library didn't contract with them and haven't looked into it since.</font></div><div><font color="#000000" face="Garamond" size="3"><br></font></div><div><font color="#000000" face="Garamond" size="3"><strong>Roseville Public Library:</strong></font></div><div><font color="#000000" face="Garamond" size="3"><br></font></div><div><font color="#000000" face="Garamond" size="3"><p>I met with the Roseville City Manager, Roseville City Attorney and the Library Commission this past spring to discuss patrons with large bills.</p><p>We have used a collection agency (Unique Management) for the past seven years. Cards are blocked at $5.00 or more in bills and accounts are sent to the collection agency for any bills that reach the threshold of $25.00.</p><p>When patrons file for bankruptcy, the library either receives notification from the U.S. Bankruptcy Court or from Unique Management, depending on who the patron listed as the creditor. We immediately stop the collections process,however patrons may not use their cards until the judgment has been decided. If the bankruptcy is discharged, the library's attorney has stated that we must clear all bills. If the bankruptcy is denied, we continue the collections process.</p><p>The library has many patrons with bills in the hundreds of dollars, quite a few owing over $500 for either an individual or a family. We set a limit of $500. When a patron or family owes $500 or more, I contact the City Attorney and he sends a dunning notice by regular U.S. first-class mail. We do not take the patron to small claims court for a number of reasons:</p><p>First, the attorney cannot be involved. I would essentially be taking the patron to small claims court, with all of the work involved for possibly little return. The library must pay to have a process server delivery notification of the small claims court case. If the patron refuses to accept the notice, the money and ime have been wasted. <br></p><p>If the small claims court finding is in the library's favor:</p><p>Often the patrons do not have wages to garnish, while tax refunds may be garnished</p><p>Tax refunds may be garnished, but it is a long shot</p><p>The Library Commission determined not to have me pursue these large accounts beyond having a dunning letter sent.</p><p>I asked the directors from the 22 libraries in the cooperative if they go further than a collection agency and no one does.<br><br>I choose not to involve the Roseville police, although the Chief of Police has stated that he is very willing to pursue criminal cases with warrants if I ask him to, because our local police are short-staffed and very busy.</p><p></p></font></div><div><font color="#000000" face="Garamond,sans-serif" size="3" style="font-size:12pt"><strong>Saranac Public Library</strong><br><font size="2"><font color="#222222" face="Arial"> We have never pursued warrants to get our materials back. I have heard of it but I am not aware of any libraries that use this type of approach in my area (West Michigan). <br>2. I have yet to deal with bankruptcies either although I do know that if we receive information that someone is in bankruptcy that we have to let our collection agency know as they can no longer attempt to collect the money. <br>3. We have a $40 limit before they go to collections. We are charged $8.95 for every person that goes to the collection agency- which is then charged back to them so if they pay, we do see the money back eventually. This is regardless of whether this is just fines or if they still have material out. I had one new patron who checked out 70 books, then brought them back 1 week late. 70 x 1.05= a whole lot of fines. She went into collections because she didn't pay it for several months. I felt bad but at the same time....the books were late. </font><br></font><br></font><br></div></div></div><div class="gmail_signature"><div dir="ltr"><div><font color="#8e7cc3" face="verdana,sans-serif"><img width="96" height="83" src="http://farm3.static.flickr.com/2024/2231885222_76cb96751b.jpg"></font></div><div><font color="#674ea7" face="verdana,sans-serif"><strong><em>Myla-Jean Stuart, Director</em></strong></font></div><div><font color="#674ea7" face="Verdana"><strong><em> </em></strong></font> </div><div><font face="Verdana">Comstock Township Library</font></div><div><font face="Verdana">6130 King Highway</font></div><div><font face="Verdana">PO Box 25</font></div><div><font face="Verdana">Comstock, Michigan 49041</font></div><div><font face="Verdana"></font> </div><div><font face="Verdana">269-345-0136</font></div></div></div>
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