049-1 Wyo. Code R. § 1-10

Current through April 27, 2019

Section 1-10 - Legal Actions- Civil

(a) DFS-ORP shall have the legal authority to take civil action on a case. FO-DFS shall refer cases to DFS-ORP for civil action when:

(i) the assistance unit has defaulted on the Installment Contract by not making a payment within the last sixty (60) days of the due date; or

(ii) the assistance unit has refused to sign an Installment Contract and failed to make payments within sixty (60) days of the first notice of overpayment, and

(iii) the total unpaid balance of all programs is within statutory limits excluding costs.

(b) The Assistant Attorney General shall file the civil action asking for the full amount of the overpayment plus court costs in the court of appropriate jurisdiction.

(c) FO-DFS shall cooperate by providing evidence, information and/or testimony when requested by the Assistant Attorney General and/or the court.

(d) FO-DFS shall wait for a copy of the court order from DFS-ORP and shall take the following action;

(i) if it is found that the defendant has not committed an Intentional Program Violation, FO-DFS shall take the action specified in the court order and/or pursue a household error; or

(ii) if it is found that the defendant has committed an Intentional Program Violation, FO-DFS shall monitor the client's compliance with the restitution plan and notify DFS-ORP as soon as the assistance unit or provider fails to make a payment for sixty (60) days.

(e) DFS-ORP shall try to enforce the judgment by garnishment or execution on the assets of the assistance unit or provider.

(f) FO-DFS shall automatically report all judgments to consumer credit agencies and the judgment will affect the individual's credit rating.

049-1 Wyo. Code R. § 1-10