15 AAC 23.213 - Attachments
Current through April 6, 2022
(a) Notwithstanding the provisions of
AS
43.23.065, 100 percent of a dividend payable
to an individual under
AS
43.23.005-43.23.095 is available for
attachment in the collection of money owed to the United States if the notice
of levy served on the department by an agency of the United States under
federal law preempts state law.
(b)
Except as provided in (h) of this section, a writ of execution issued to
enforce a judgment of the court must be served in the manner set out in Rule
4(c)(1) of the Alaska Rules of Civil Procedure. A service by certified mail,
return receipt requested, may only include one Notice of Levy/Writ of
Execution. Service may be made in writing upon the department on the
department's website, or in person only at locations designated by the
department during the hours the location is open to the public.
(c) As required by
AS
09.35.110, a notice of levy must accompany a
writ of execution. If the notice of levy is made electronically, a CD-ROM
containing the image of the writ of execution must be received by the
department no later than 10 days after successful submission of the levy file.
If the notice of levy is made in person, the writ of execution must be
submitted with the levy file. A notice of levy that is submitted without the
required writ of execution will be rejected.
(d) In order to establish a positive
identification between the attachment and an individual's dividend file, the
department will require a three-point match. All matches between the attachment
and the dividend file must be exact. The matches will be made against any three
of the following:
(1) first name;
(2) date of birth;
(3) social security number; or
(4) last name.
(e) The individual whose dividend was
attached may not maintain a claim against the department for honoring the
attachment.
(f) A levy under a writ
of execution or an equivalent document will be placed only against an
individual's current year dividend. However, the limitation of this subsection
does not apply if the equivalent document is an administrative withholding
order issued by the department's child support services agency for the
collection of child support.
(g)
Notwithstanding the requirements of
AS
43.23.065(c), if the
department is served with an order of a bankruptcy court related to an
individual eligible for a dividend at least 10 days before payment of the
dividend, the department will issue the individual's dividend to the bankruptcy
court or trustee.
(h) A government
agency that has administrative levy power may perform service through its own
agent or by electronic media. All services by electronic media must be
accompanied by
(1) repealed
1/1/2008;
(2) a completed form
provided by the department on which the agency certifies that
(A) the information on the electronic media
is correct and complete;
(B) the
agency has identified the individuals on the electronic media file in
accordance with the criteria of (d) of this section; and
(C) each dividend to be levied is supported
by an administrative levy.
(i) Attachments, garnishments, or levies
served on the department must be received not later than August 31 to be
processed for the first payment of the dividend year. Services received on the
same date and at the same time at any of the following locations will be
processed by the department in the following order:
(1) those submitted electronically on the
department's website, which will be made available at 7:00 a.m. Alaska Daylight
Time on April 1 as described in (j) of this section; for purposes of this
paragraph, the date and time of service are the date and time the submitter
initiated upload of a successful submission of a levy file on the department's
website; successfully submitted levy files will receive a confirmation
number;
(2) those personally
delivered to the department in Juneau;
(3) those personally delivered to the
department in Anchorage;
(4) those
personally delivered to the department in Fairbanks;
(5) those delivered by certified mail to the
department in Juneau.
(j) For the purposes of
AS
43.23.065(d) and this
section, if April 1 falls on a Saturday, Sunday, or state holiday, the date
becomes the next working day.
Notes
As of Register 171 (October 2004), and acting under AS 44.62.125(b)(6) and sec. 12, ch. 107, SLA 2004, the regulations attorney made technical changes to reflect the name change of the child support enforcement agency to the child support services agency made by sec. 1, ch. 107, SLA 2004.
Authority: AS 09.35.330
AS 09.40.030
AS 43.23.055
AS 43.23.065
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