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Maine Alliance for Road Associations

Notice of Claim, partial payment received 3 days prior to recording NOC

  • 02 Jul 2022 12:21 PM
    Message # 12836175

    We recently received a partial payment (20%) just prior to recording a NOC on a member’s property. Should we not file the document, file it with an adjusted amount reflecting the partial payment or refuse any partial payments?  

    Last modified: 03 Jul 2022 6:00 AM | Anonymous member (Administrator)
  • 03 Jul 2022 6:13 AM
    Reply # 12836535 on 12836175
    Anonymous member (Administrator)

    Don't ever refuse money owed! (Smile)

    I suggest talking to the delinquent owner and setting up a payment plan, or failing that and depending on past history, recording the NOC with an adjusted amount. 

  • 04 Jul 2022 4:30 PM
    Reply # 12837896 on 12836175
    Anonymous member (Administrator)

    I agree - accept what they sent and then see if you can work out a payment plan.  Partial payment is better than none, and shows some intent to pay.  My experience is that there are people who struggle to pay, and people who have no intention of paying.  The fact that they sent partial payment is a good sign.  We have had some people who agreed to a payment plan after being threatened with a notice of claim.  We have also had people who never contacted us in response to our offer to set up a payment plan, but who started sending in payments whenever they could, and eventually got caught up.  We gave them the benefit of the doubt and did not file the Notice of Claim, but told them that as long as they were showing an effort to pay, we'd hold off on it - but that if payments stopped, we would have to file.  As of a few years ago we had five long-term non-payers.  We are now down to just one, who has never responded to us at all, other than just once accepting a certified letter.  Town records show that he never pays his property taxes either, until the town sends him a lien.

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