Occ. Code 2592100

COLLECTION AND CIVIL PROSECUTION SPECIALIST 1, GRADE 14	2592100
COLLECTION AND CIVIL PROSECUTION SPECIALIST 2, GRADE 17	2592200

New York State Department of Civil Service

Classification Standard

In close association with an attorney or attorneys, Collection and Civil Prosecution Specialists trace, locate and contact debtors referred for nonpayment of their State obligations, and upon making contact, either arrange voluntary compliance or extract it through income executions, fines and court action. They also perform related paralegal work, such as monitoring files in which legal process has been served, drafting papers for review by attorneys, performing occasional legal research, monitoring enforcement of judgment and closing files. These positions are only found in the Department of Law.

COLLECTION AND CIVIL PROSECUTION SPECIALIST 1: performance level; as directed by an attorney or Collection and Civil Prosecution Specialist 2, independently processes debtor accounts valued under $10,000 and assists attorneys in the prosecution of larger accounts.

COLLECTION AND CIVIL PROSECUTION SPECIALIST 2: supervisory level; as directed by an attorney, supervises a group of Collection and Civil Prosecution Specialists 1 in collection and related paralegal and record-keeping activities.

Legal Assistants perform a variety of paralegal activities that require formal education and certification as a paralegal.

Consumer Frauds Representatives mediate consumer complaints, perform field investigations and conduct consumer education and outreach programs.

 ILLUSTRATIVE DUTIES

COLLECTION AND CIVIL PROSECUTION SPECIALIST 1

Under the general direction of an Assistant Attorney General and reporting administratively to a Collection and Civil Prosecution Specialist 2:

• Reviews unpaid accounts referred by such State agencies as State University, Higher Education Services Corporation, the Department of Health and the Department of Agriculture & Markets.
• Determines if the account is sufficiently documented and economically feasible to prosecute.
• For accounts in which collection appears unlikely or insubstantial, prepares and supports recommendations for write-off.
• For collectable accounts, investigates and assembles pertinent information, including the legal identities of debtors and liable third parties, evidence of obligation and default, payment histories, credit records and asset inventories.
• Traces the current whereabouts of debtors and liable third parties using various research tools and techniques.
• Seeks contact with debtors and liable third parties or their legal representatives to determine their understanding of the debt and the consequences of failure to pay it.
• Prepares billings for insurance and other third-party payers.
• Negotiates terms of settlement within guidelines authorized by the supervising attorney.
• If unable to obtain debtor compliance, obtains attorney approval to initiate court action to compel compliance, drafting for attorney’s signature the various subpoenas, affidavits, interrogatories, motions and pleadings to secure a judgment.
• Analyzes adversaries' responses for their sufficiency and evaluates any objections received.
• Enforces money judgments by locating debtor assets and initiating various collections procedures such as garnishments and liens.
• Maintains tracking systems to monitor case status, legal developments, repayments and closures.
• Prepares final court documents and releases any remaining restrictions such as salary attachments and transcript holds.
• Assists litigating attorneys in the prosecution of debtor accounts valued over $10,000, by performing legal research, gathering evidence, interviewing witnesses, maintaining liaison with referring agencies, responding to inquiries from defendants and third parties or their representatives, managing trial exhibits, preparing, filing and tracking relevant court papers, and monitoring payment schedules.

COLLECTION AND CIVIL PROSECUTION SPECIALIST 2

Under the general direction of an Assistant Attorney General:

• Supervises a small unit of Collection and Civil Prosecution Specialists 1 and, in some situations, clerical support staff.
• Assists the Assistant Attorney General in charge of the unit with interviewing and selecting new staff.
• Prepares training materials and instructs new staff in unit rules, regulations, policies, standards and methodology.
• Assigns caseloads, monitoring volume and reassigning staff to meet deadlines and achieve equitable work distribution.
• Monitors the quantity and quality of work completed by staff.
• Plans and conducts staff training in response to identified needs or to introduce changes in regulations, case law and procedures.
• Makes periodic evaluations of subordinates’ work performance, identifying areas of weakness, discussing evaluation results with employees, recommending ways to improve work performance, preparing written evaluation reports, counseling and, as necessary, disciplining employees.
• Serves as technical advisor to staff, responding to complex questions brought up by subordinates.
• Prepares narrative and statistical reports reflecting collections and case activity.
• Performs the tasks and activities of a Collection and Civil Prosecution Specialist 1 when handling more complex and difficult cases or routine cases on those occasions that backlogs develop, or when assisting litigating attorneys in the prosecution of higher-value debtor accounts.
• Performs special projects with bureau-wide implications.

COLLECTION AND CIVIL PROSECUTION SPECIALIST 1

Open Competitive: two years of full-range debt-collection work experience OR two years of work experience as a paralegal OR an Associate's or higher degree in paralegal studies OR a general practice legal specialty certificate (normally comprised of at least 150 classroom hours) from an accredited or ABA-cited institution.

COLLECTION AND CIVIL PROSECUTION SPECIALIST 2

Promotion: one year of permanent service as a Collection and Civil Prosecution Specialist 1, Legal Assistant 1 or 2, or Senior Consumer Frauds Representative.

NOTE: Classification Standards illustrate the nature, extent and scope of duties and responsibilities of the classes they describe. Standards cannot and do not include all of the work that might be appropriately performed by a class. The minimum qualifications above are those which were required for appointment at the time the Classification Standard was written. Please contact the Division of Staffing Services for current information on minimum qualification requirements for appointment or examination.

Date: 3/02