Wash. Admin. Code § 388-14A-5505 - DCS uses a notice of retained support to claim a debt owed to DCS
The division of child support (DCS) serves a notice of retained support setting forth:
(1)
The amount of support money claimed by the department as property of the
department by assignment, subrogation or by operation of law or legal process
under chapter 74.20A
RCW;
(2) The legal basis for the
claim of ownership by the department ;
(3) A description of the person, firm,
corporation, association, or political subdivision who is or has been in
possession of the support moneys together with enough detail to identify the
amounts in issue;
(4) A statement
that, effective with the date of service of the notice, the department will
impound and hold in trust all money not yet disbursed or spent and all similar
money received in the future, pending answer to the notice and any hearing
which is requested;
(5) A statement
that the notice must be answered, under oath and in writing, within twenty days
of the date of service of the notice;
(6) A statement that the answer to the notice
must include true answers to the questions in the notice and must either
acknowledge the department 's right to the money or request an administrative
hearing to determine ownership of the money;
(7) A statement that the burden of proof in a
hearing on a notice of retained support debt under this section is on the
department to establish ownership of the support money claimed;
(8) A statement that, if the person, firm,
corporation, association, or political subdivision or officer or agent thereof
does not answer or make a request for hearing in a timely manner, the
department 's claim will be assessed and determined and subject to collection
action as a support debt according to
chapter
74.20A RCW; and
(9) A statement that the department may
collect a support debt, as assessed and determined, and that the property of
the debtor, without further advance notice or hearing, is subject to lien and
foreclosure, distraint, seizure and sale, or order to withhold and deliver to
satisfy the debt. The department may not take collection action against a
recipient of public assistance during the period of time the recipient remains
on assistance except as provided in
RCW
74.20A.270 and WAC
388-14A-2040.
Notes
Statutory Authority: RCW 74.08.090. 01-03-089, § 388-14A-5505, filed 1/17/01, effective 2/17/01. Formerly WAC 388-13-090.
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