Maine Alliance for Road Associations
I need to send the 60 day warning letter of non payment. I found this in the Resources. Is this the current template to follow?
NOTICE OF CLAIM-Updated Margins.docx
Thank you for your question. The answer is No. The one you have is a Notice of Claim (NOC). You want a “20-Day Collection Notice” which is also on the Resources page. Fill this out and send this first, Cert mail, Return Receipt requested, then, if you have not received payment within the next 20 days, you must wait an additional 10 days before recording the NOC in the registry.
Thank you but this indicates to wait 20 days. and you are suggesting 10 days. Please clarify
Yes, thank you. The "20 days" refers to the time the delinquent owner has to pay up. If his/her payment is not received within this 20 days, the NOC will be recorded after a 10 day "grace period". It's really a 30 day notice but the Statute calls for a 20 day notice, then wait 10 days before filing. I hope this clarifies --it's a bit confusing!
Yes, This does clarify the issue. Thank you - Emily
The statute doesn't actually require certified mail, although just using first class mail you don't know for sure if it was delivered successfully. We have found that some people will not sign to get certified mail delivered, so it just comes back. If you use certified mail but opt for no signature required, you get confirmation back that it was delivered, which is evidence that you have fulfilled your obligation to provide notice.
Our experience with Return Receipt Requested echoes Roberta's in that most often (not always) the unopened envelope is returned with the Return Receipt unused. I attach the envelope to the mailing in the delinquent owner's record for later use.
I like Roberta's idea of using Certified mail alone to confirm delivery and plan to use this method in the future.
Sandy's answer is a good reminder - be sure to keep the Post Office's Proof of Delivery in your file in case you ever need to prove you sent the Notice. Under the statutes, the notice is to be sent to "the addresses set forth in the municipal tax records" so that's the address to use. Although if you suspect they may have moved, and you can find out what their new address is, it's worth sending it to both, to make sure you both fulfill the law and make sure they actually receive it. We had one person who had not been paying, and we finally found out she had a new address. We mailed notice there, and wonder of wonders, she is now paid in full!
The Maine Alliance for Road Associations