Baymont settles innkeeper tax judgment; Country Inn judgment likely uncollectible, county attorney says

DeKalb County Attorney Andrew Cruz reported Sept. 2 that the Baymont hotel has paid its outstanding innkeeper-tax judgment after a writ of execution and a sheriff's enforcement action. The county received payment by three credit-card transactions that cleared the outstanding balance and closed that enforcement matter.

Cruz explained that a second case, a judgment against Country Inn and Suites of about $15,300, appears to be effectively uncollectible at present. He told the commissioners the judgment is against the operating company, which does not own the hotel real estate; the building has been gutted and there is no personal property in the premises to seize. Cruz said the county could pursue investigators or collection firms or attempt to transfer and domesticate the judgment in another state where assets or corporate principals may be located, but those options carry additional costs and uncertain outcomes.

Commissioners discussed the county's existing approach to collections, including using the clerk's established debt-collection processes that take a percentage of recovered funds. Cruz said the county could evaluate whether to engage a collection service or initiate further proceedings if staff can locate assets tied to the judgment.

The board directed staff to explore collection options and to report back; commissioners said they favored using existing collection channels before incurring significant outside legal expense unless there is a reasonable prospect of recovery.