Q Can the amount due on a delinquent account be reduced by the cost of collection?

A No. The entire amount due to be remitted to a municipality (Section 21-17-1(6)) or a county (19-3-41(2)) by a collection agency must be remitted by the collection agency, including the statutorily mandated surcharge, and such amount cannot be reduced by the contingency fee. The contingency fee due to the collection agency would be calculated as provided for in their contract. (Attorney Generalís Opinion to Williams dated January 29, 2010)