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Commission approves small lien compromise, denies larger lien compromise request
Summary
The commission approved Resolution MC20-51 to partially release a $626.35 county lien upon payment of $123.50 and denied a separate request to release a $78,912.96 lien for $1,000, citing insufficient payment and precedent concerns.
The Minnehaha County Commission on July 14 approved a limited compromise of a county lien and declined a separate compromise request for a larger lien.
Melinda Storley, Commission Assistant, briefed the board on a compromise application for DPNO 68708. The board adopted Resolution MC20-51, authorizing release of the lien from the applicant and the real property upon payment of $123.50, while leaving the lien in the lienee’s name for the remaining $502.85. Senior Deputy State’s Attorney Margaret Gillespie explained that liens may be cross-filed with other counties for collection purposes. The motion to approve Resolution MC20-51 passed by roll call vote: 4 ayes.
Storley later presented a separate compromise request for DPNO 96689, an alleged county lien totaling $78,912.96 filed in May 2019. The applicant requested full release upon payment of $1,000 and provided financial information showing annual income of $30,000, hourly wage of $14.50, assets of $3,719 and liabilities of $16,112. Commissioners expressed concern about the low payment offer, the lack of payments on the lien, the absence of interest accrual on the lien, and precedent from prior cases in which compromises equaled at least half the legal fees. On a motion by Commissioner Karsky, seconded by Commissioner Beninga, the commission denied the compromise request for DPNO 96689. By roll call vote: 4 ayes.
During public comment, Nikki Arrington of Sioux Falls thanked the commission for denying the larger compromise and described impacts the lienee’s actions had on her family.
The commission’s actions are recorded in the meeting minutes and in Resolution MC20-51.
