DCF 201.04(5)(ep)1.1. ‘Definition.’ In this paragraph, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions. DCF 201.04(5)(ep)2.a.a. If the department does not receive a debtor’s payment on a debt for repayment of an overpayment by the due date 3 times over the life of a debt, the debt shall be considered delinquent. If a debt is delinquent and no review or appeal rights under s. DCF 201.07 are pending and the time for requesting a review has expired, the department shall give notice to the debtor that the department may pursue legal action for collection of the debt. DCF 201.04(5)(ep)2.b.b. The department shall make the demand for payment and give notice to the debtor at least 10 days prior to the levy, personally or by any type of mail service that requires a signature of acceptance, at the address of the debtor as it appears on the records of the department. The demand for payment and notice shall include a statement of the amount of the debt, including interest and penalties, and the name of the debtor who is liable for the debt. DCF 201.04(5)(ep)2.c.c. The debtor’s refusal or failure to accept or receive the notice does not prevent the department from making the levy. DCF 201.04(5)(ep)2.d.d. Notice prior to levy is not required for a subsequent levy on any debt of the same debtor within one year of the date of service of the original levy. DCF 201.04(5)(ep)3.a.a. The department may collect the debt and the expenses of the levy by levy upon any personal property belonging to the debtor. DCF 201.04(5)(ep)3.b.b. The department shall serve the levy upon the debtor and any 3rd party in possession of or obligated with respect to property or rights to property that is subject to levy by personal service or by any type of mail service that requires a signature of acceptance as provided in s. 49.195 (3n) (m), Stats. The debtor or 3rd party’s failure to accept or receive service of the levy does not invalidate the levy. DCF 201.04(5)(ep)3.c.c. Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227, Stats., within 20 days from the date on the service of levy. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The levy is not stayed pending an appeal where property is secured through the levy. DCF 201.04(5)(ep)4.a.a. Within 20 days from the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation. DCF 201.04(5)(ep)4.b.b. Any person in possession of or obligated with respect to personal property or rights to personal property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the personal property or rights or discharge the obligation to the department, except that part of the personal property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process. DCF 201.04(5)(ep)5.5. ‘Appeal rights before surrendered property is sold.’ If levied personal property that has been surrendered to the department is not a liquid asset in the form of cash, check, or an equivalent that can be applied to the debt without a sale of the asset, the department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before surrendered property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, surrendered property may not be sold before the hearing decision is issued or the hearing request is withdrawn. DCF 201.04(5)(ep)6.a.a. The debtor is entitled to an exemption from levy of the greater of a subsistence allowance of 75 percent of the debtor’s disposable earnings then due and owing, an amount equal to 30 times the federal minimum hourly wage for each full week of the debtor’s pay period, an amount equal to 60 times the federal minimum hourly wage for a two-week pay period, or an amount equal to 130 times the federal minimum hourly wage for a monthly pay period. DCF 201.04(5)(ep)6.b.b. The first $1,000 of an account in a depository institution is exempt from any levy to recover an overpayment. DCF 201.04(5)(ep)7.a.a. The department shall apply all money obtained under this paragraph first against the expenses of the proceedings and then against the liability for which the levy was made and any other liability owed to the department by the debtor. DCF 201.04(5)(ep)7.b.b. Whenever the value of any personal property that has been levied upon under this paragraph is not sufficient to satisfy the claim of the department, the department may levy upon any additional personal property of the debtor until the debt and expenses of the levy are fully paid. DCF 201.04(5)(ep)7.c.c. The department may refund or credit any amount left after the applications under subd. 7. a., upon submission of a claim for that amount and satisfactory proof of the claim, to the person entitled to that amount.
/code/admin_code/dcf/201_252/201
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Department of Children and Families (DCF)
Chs. DCF 201-252; Early Care and Education
administrativecode/DCF 201.04(5)(ep)
administrativecode/DCF 201.04(5)(ep)
section
