Civil recovery includes obtaining a judgment and pursuing it through garnishment, attaching property, etc. Specific procedures for civil recovery may vary by county and are set by the county attorney or collections unit.
The county may initiate civil recovery up to 6 years after the overpayment occurred. The county agency can obtain a judgment for civil recovery while a client is still receiving assistance. However, the county agency cannot pursue recovery while the person is a participant or until 6 months after eligibility ends. See 0025.27 (Protection From Garnishment).
Once the court awards a judgment, recovery is not subject to the statute of limitations, but the county must renew the judgment every 10 years. An action to obtain a judgment must be initiated within the 6-year statute of limitations, and the county must renew the judgment every 10 years.
The court-ordered repayment amount may differ from the actual overpayment because the judgment may include interest after the judgment is docketed, in which case the interest applies back to the date the judgment was obtained.
The Judgment by Operation of Law (JOL) is another form of civil recovery for establishing overpayments and securing judgments on selected MAXIS claims. See 0025.21.07 (JOL - Establishing Claims), 0025.21.08 (JOL - Docketing & Renewing).
MFIP, DWP, MSA, GA:
Clients may make voluntary payments to the county while they are on or off assistance. Subtract all payments from the balance of the overpayment.
When a client fails to pay, contact the county attorney immediately. The county attorney or collections unit may decide to obtain a judgment to ensure collections after the statute of limitation expires.
Do not recoup any interest the judgment accrues. The client must pay the interest separately to the county. Recoup the actual overpayment only.
If the client makes payments to the county, subtract the payments from the overpayment balance.
If the judgment accrues interest, do not recoup the interest. The client must pay the interest separately to the county.