Section 3. Subject to the limitations contained in this chapter, the department shall, upon the request of the claimant agency, render assistance in the collection of debts owed to the obligee. This assistance shall be provided by setting off refunds due the debtor from the department by the sum certified by the claimant agency as due and owing.
Upon application of an obligee, or upon its own initiative, the claimant agency shall include the claim of such obligee for the debt with such requests for assistance; provided that such a debt shall have arisen under a court order or an adjudication by the division of medical assistance; and provided further, that in the case of a court order such order is ordered to be collected by the probation department, or the claimant agency. The claimant agency is authorized to request sufficient information from the obligee as needed to carry out the purposes of this chapter and to require such obligee to certify the amount of such debt. In the event there is a debt owed to the department of transitional assistance and to the obligee, the claimant agency shall notify the obligee of the amounts certified, the respective dates the debts were incurred and that the most recently owed obligation will be satisfied first. The claimant agency shall thereafter distribute any amounts intercepted between the department of transitional assistance and the obligee so that the most recently owed obligation is satisfied first, subject to the provisions of sections five and six of this chapter. In the event that the department charges a fee for such assistance to the claimant agency, the claimant agency is authorized to charge a fee to the obligor.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 62d - Set-Off Debt Collection
Section 2 - Minimum Amount for Set-Off and Collection
Section 3 - Assistance in Collection Rendered by Department; Distribution
Section 4 - Notice and Furnishing of Information to Department by Claimant Agency; Notice to Debtor
Section 5 - Transfer of Funds Owed to Claimant Agency; Deposit in Escrow Account; Notice to Taxpayer
Section 6 - Hearing on Disputed Claims
Section 7 - Right of Appeal; Finalization of Set-Off
Section 9 - Notice to Debtor of Finalization of Set-Off; Disbursement of Outstanding Balance Due
Section 10 - Disclosure of Information; Use
Section 10a - Wage Information Sharing; Reciprocal Agreements With Other States
Section 11 - Rules and Regulations
Section 12 - Additional Remedies
Section 13 - Priority of Set-Off
Section 14 - Deposit of Reimbursements
Section 15 - Offset Agreement With Secretary of the Treasury