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NOTICE PURSUANT TO GOVERNMENT CODE SEC. 2254.1036
WHEREAS, Lubbock County, will consider entering into a contingent fee contract with the law firm of Perdue, Brandon, Fielder, Collins & Mott, L.L.P. (“Firm”) and hereby posts this notice pursuant to Sec. 2254.106 of the Government Code.
WHEREAS, this notice shall be posted before or at the time of giving the written notice required by Government Code Sec. 551.041 for a meeting described by Sec. 2254.1036(2) of the Government Code and shall announce the following:
A. Lubbock County is pursuing a contract with the Firm for the collection of the County’s delinquent Court Fines and Fees, and through this contract, Lubbock County seeks to increase recovery of its delinquent debts in as expeditious a manner as possible. GOVT. CODE § 2254.1036(1)(A).
B. Lubbock County believes the Firm has the competency, qualifications, and experience necessary to fulfill this contract. GOVT. CODE § 2254.1036(1)(B). The Firm has represented Lubbock County since 1986 in the collection of delinquent ad valorem property taxes, through the Lubbock Central Appraisal District, and since 2017 in the collection of delinquent Beer and Liquor License Fees. The Firm has collected delinquent government receivables for 50 years, including, more recently, the collection of delinquent Beer and Liquor License Fees. The Firm currently has 12 primary offices and multiple satellite offices throughout Texas, Oklahoma, and Florida. It employs more than 400 individuals, including 52 attorneys. It uses a multi-office, fully integrated team approach allowing Lubbock County access to all its offices and resources. Its collection team consists of long-term Firm employees, including attorneys, call center associates, paralegals, law clerks, legal secretaries, collection support personnel and information technology experts.
C. The nature of any relationship between Lubbock County and the Firm is as follows: The Firm has represented Lubbock County since 1986 in the collection of delinquent ad valorem property taxes, through the Lubbock Central Appraisal District, and since 2017 in the collection of delinquent Beer and Liquor License Fees. GOVT. CODE § 2254.1036(1)(C).
D. Lubbock County is unable to perform collection of its delinquent Court Fines and Fees. GOVT. CODE § 2254.1036(1)(D). Lubbock County currently does not have adequate support staff, computer software/programming, or experience to internally conduct these collection services and acquiring these will result in substantial expense to Lubbock County.
E. These collection services cannot be provided for an hourly fee. GOVT. CODE § 2254.1036(1)(E). The collection of delinquent Court Fines and Fees requires a significant amount of research, mailing, and handling of outbound/inbound calls. An hourly fee for such work will likely exceed the amount of delinquent Court Fines and Fees due. A contingent fee allows Lubbock County to only pay on those accounts that are collected and to pay nothing on those accounts that are worked extensively, but not able to be collected due to various factors. Further, effective June 18, 2003, the Texas Code of Criminal Procedure § 103.0031, allows that a private attorney may assess a collection charge at the cost of the debtor, and at no cost to Lubbock County.
F. The Commissioners Court of Lubbock County believes this contingent fee contract is in the best interest of the residents of Lubbock County. GOVT. CODE § 2254.1036(1)(F). Under the contingent fee contract, the Firm will be paid the amount of the percentage-based collection fee, regardless the number of hours the Firm spends researching, contacting and mailing to collect the delinquent debt.
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