16D.01 CITATION AND SCOPE. Subdivision 1. Citation. This chapter may be cited as the “Debt Collection Act.” Subd. 2. Scope. The collection procedures and remedies under this chapter are in addition to any other procedure or remedy available by law. If the referring agency’s applicable state or federal law provides for the use of a […]
16D.02 DEFINITIONS. Subdivision 1. Application. The definitions in this section apply to this chapter. Subd. 2. Commissioner. “Commissioner” means the commissioner of revenue. Subd. 3. Debt. “Debt” means an amount owed to the state directly, or through a state agency, on account of a fee, duty, lease, direct loan, loan insured or guaranteed by the […]
16D.03 SUPERVISION OF STATE DEBT COLLECTION. Subdivision 1. Responsibility. The commissioner of management and budget shall supervise and report on state debt collection. Subd. 2. State agency reports. State agencies shall report quarterly to the commissioner of management and budget the debts owed to them. The commissioner of management and budget, in consultation with the […]
16D.04 COLLECTION ACTIVITIES. Subdivision 1. Duties. The commissioner shall provide services to the state and referring agencies to collect debts referred for collection under this chapter. The commissioner is not a collection agency as defined by section 332.31, subdivision 3, and is not licensed, bonded, or regulated by the commissioner of commerce under sections 332.31 […]
16D.045 STAFF. If there is an increase in the complement of collectors employed by the commissioner of revenue to work for the Minnesota collection enterprise above the complement employed on June 30, 1998, the new complement of collectors must be located in the Ely office. History: 1998 c 366 s 32; 1998 c 408 s […]
16D.05 PRIORITY OF SATISFACTION OF DEBTS. Subdivision 1. Multiple debts. If two or more debts owed by the same debtor are submitted to the commissioner, amounts collected on those debts must be applied as prescribed in this section. Subd. 2. Enforcement of liens. If the money received is collected on a judgment lien under chapter […]
16D.06 DEBTOR INFORMATION. Subdivision 1. Access to government data not public. Notwithstanding chapter 13 or any other state law classifying or restricting access to government data, upon request from the commissioner or the attorney general, state agencies, political subdivisions, and statewide systems shall disseminate not public data to the commissioner or the attorney general for […]
16D.07 NOTICE TO DEBTOR. The referring agency shall send notice to the debtor by United States mail or personal delivery at the debtor’s last known address at least 20 days before the debt is referred to the commissioner. The notice must state the nature and amount of the debt, identify to whom the debt is […]
16D.08 COLLECTION DUTIES AND POWERS. Subdivision 1. Duties. The commissioner shall take all reasonable and cost-effective actions to collect debts referred to the commissioner. Subd. 2. Powers. (a) In addition to the collection remedies available to private collection agencies in this state, the commissioner, with legal assistance from the attorney general, may utilize any statutory […]
16D.09 UNCOLLECTIBLE DEBTS. Subdivision 1. Generally. (a) When a debt is determined by a state agency to be uncollectible, the debt may be written off by the state agency from the state agency’s financial accounting records and no longer recognized as an account receivable for financial reporting purposes. A debt is considered to be uncollectible […]
16D.10 CASE REVIEWER. Subdivision 1. Duties. The commissioner shall make a case reviewer available to debtors. The reviewer must be available to answer a debtor’s questions concerning the collection process and to review the collection activity taken. If the reviewer reasonably believes that the particular action being taken is unreasonable or unfair, the reviewer may […]
16D.11 COLLECTION COSTS. Subdivision 1. Imposition. As determined by the commissioner of revenue, collection costs shall be added to the debts referred to the commissioner or private collection agency for collection. Collection costs are collectible by the commissioner or private agency from the debtor at the same time and in the same manner as the […]
16D.12 PAYMENT OF COLLECTION AGENCY FEES. Unless otherwise expressly prohibited by law, a state agency may pay for the services of the commissioner or a private collection agency from the money collected. The portion of the money collected which must be paid to the commissioner or the collection agency as its collection fee is appropriated […]
16D.13 INTEREST. Subdivision 1. Authority. Unless otherwise provided by a contract out of which the debt arises, by state or federal law, or by a written justification from an agency and approved by the Department of Management and Budget showing the costs of charging interest exceed the benefit, a state agency shall charge simple interest […]
16D.14 VENUE. Subdivision 1. Authorization. The commissioner or the attorney general may bring an action to recover debts owed to the state in Ramsey County District Court or Ramsey County Conciliation Court at the discretion of the state. In order to bring a cause of action under this section in any county other than the […]
16D.15 COMPROMISE OF DEBT. Unless expressly prohibited by other federal or state law, a state agency may compromise debts owed to the state, whether reduced to judgment or not, where the state agency determines that it is in the best interests of the state to do so. History: 1995 c 254 art 5 s 13
16D.16 SETOFFS. Subdivision 1. Authorization. Unless prohibited by other law, the state agency utilizes a more specific setoff statute, or the state payments are subject to a more specific setoff statute, the commissioner or a state agency may automatically deduct the amount of a debt owed to the state from any state payment due to […]
16D.17 ENFORCEMENT OF STATUTORY PENALTIES. A state agency may enforce a final penalty order imposed for violations of state law in the same manner as a district court judgment if: (1) notice and opportunity for a hearing on the penalty has been provided and the notice gives at least 30 days to request a hearing, […]
16D.18 RECIPROCAL AGREEMENT. (a) The commissioner is authorized to enter into agreements with the federal Department of the Treasury that provide for offsetting state payments against federal nontax obligations. Except as provided in paragraph (d), the commissioner may charge a fee of $20 per transaction for such offsets and may collect this offset fee from […]
