Laserfiche WebLink
Addendum D - Summary of Notification and Appeals Process <br /> <br />Setoff Debt Collection Notice Requirements <br /> (N. C. G.S. 105 A-5) <br /> <br />o <br /> <br />A local agency may not submit a debt for set off collection until the local agency has' <br />given notice to the debtor and the claim has been finally determined. <br /> <br />The local agency must send Written Notice to the debtor that t. he local agency <br />intends to submit the debt owed by the debtor for collection by set-off. <br /> <br />The Notice <br /> <br />Co <br /> <br />fo <br /> <br />jo <br /> <br /> must: <br />explain the basis for the agency's claim to. the debt; <br />inform the debtor that the agency intends to apply the debtor's tax refund <br />against the debt; i <br />inform the debtor that the debtor has right to contest the matter by filing a <br />request for a hearing with the local agency; <br />inform the debtor that the debtor has 30 days to file a written request for <br />a hearing with the local agency, beginning with the date the local agency <br />mails the notice of the proposed action to the debtor; <br />inform the debtor that a decision made after a hearing must determine <br />whether a debt is owed to the local agency and the amount of the debt; <br />inform the debtor that a request for a hearing is considered to be filed <br />when it is delivered for mailing with postage prepaid and properly <br />addressed; <br />inform the debtor that failure to request a hearing within the required time <br />will result in setoff of the debt against the debtor's tax refund; <br />inform the debtor that after the hearing, the local agency will mail to the <br />debtor's last known address, a written decision as to whether the debt is <br />owed and the amount; <br />inform the debtor that if the debtor disagrees with the decision of the <br />governing body or the person designated by the governing body to hold <br />the requested hearing, the debtor may file a petition for a contested case <br />under Article 3 of Chapter 150B of the General Statutes (the <br />Administrative Procedure Act); and <br />inform the debtor that the petition for a cOntested case must be filed within <br />30 days after the debtor receives a copy of the local decision. <br /> <br />Addendum D - 1 <br /> <br /> <br />