Montana Code Annotated
Part 2. Administrative Enforcement of Support
40-5-255. Charging off child support debts as uncollectible -- sale of support debts

40-5-255. Charging off child support debts as uncollectible -- sale of support debts. (1) Any support debt due the department from an obligor, which debt the department determines uncollectible, may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset. If a warrant for distraint has been filed and the support debt has subsequently been charged off as uncollectible, the department shall issue a release of lien.
(2) At any time after 10 years from the date of termination of the support obligation or after 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, the department may charge off as uncollectible any support debt upon which the department finds there is no available, practical, or lawful means by which the support debt may be collected. A proceeding or action under the provisions of this part may not be begun after expiration of the 10-year period to institute collection of a support debt. This part may not be construed to render invalid or nonactionable a warrant for distraint issued by the department prior to the expiration of the 10-year period or an assignment of earnings executed prior to the expiration of the 10-year period.
(3) The department may discount and sell to a private collection agency, credit bureau, or other private entity any interest that the state and the department may have in the unpaid balance of the support debt created by 40-5-221 and 53-4-248 or assigned to the department under 53-2-613.
(a) The sale must be by sealed bid to the highest bidder provided that the highest bid is not less than 10% of the value of the support debt subject to the sale.
(b) The sale must be subject to conditions and terms that the department may set out in a sales contract.
(c) The department shall publish notice of the sale in a newspaper having statewide circulation once a week for 4 successive weeks.
(d) Proceeds must be paid into the state treasury to the credit of the child support enforcement division special revenue fund.
History: En. Sec. 27, Ch. 612, L. 1979; amd. Sec. 49, Ch. 439, L. 1981; amd. Sec. 3, Ch. 561, L. 1985; amd. Sec. 25, Ch. 549, L. 1989; amd. Sec. 19, Ch. 631, L. 1993; amd. Sec. 10, Ch. 60, L. 1995; amd. Sec. 6, Ch. 264, L. 1995.

Structure Montana Code Annotated

Montana Code Annotated

Title 40. Family Law

Chapter 5. Enforcement of Support

Part 2. Administrative Enforcement of Support

40-5-201. Definitions

40-5-202. Department of public health and human services -- powers and duties regarding collection of support debt

40-5-203. Child support enforcement services

40-5-204. Cooperation by obligee

40-5-205. Payment of support money collected to department -- notice

40-5-206. Central unit for information and administration -- cooperation enjoined -- availability of records

40-5-207. Department authorized to enforce maintenance awards

40-5-208. Medical support -- obligation enforcement

40-5-209. Child support guidelines -- periodic review

40-5-210. Standardized fee schedule -- rules

40-5-211. Repealed

40-5-212. Repealed

40-5-213. Financial statements by obligor -- penalty

40-5-214. Scale of suggested minimum contributions

40-5-215. through 40-5-220 reserved

40-5-221. Debt to state by obligor -- limitations

40-5-222. Support debt based upon support order -- notice -- contents -- action to collect

40-5-223. Repealed

40-5-224. Finding of support liability based upon payment of public assistance -- support lien -- bond to release warrant -- action to collect

40-5-225. Notice of financial responsibility -- temporary and final support obligations -- administrative procedure

40-5-226. Administrative hearing -- nature -- place -- time -- determinations -- failure to appear -- entry of final decision and order

40-5-227. Filing and docketing of final orders -- orders effective as district court decrees

40-5-228. through 40-5-230 reserved

40-5-231. Jurisdiction and venue

40-5-232. Establishment of paternity -- notice of parental responsibility -- contents

40-5-233. Establishment of paternity -- administrative hearing -- subpoena -- compulsory paternity genetic testing

40-5-234. Paternity genetic tests -- use of expert's affidavit -- effect of test results -- records -- presumption

40-5-235. Effect of order establishing paternity -- birth records -- relief from order

40-5-236. Referral of paternity issue to district court -- record -- parties -- exclusion of other matters -- fees

40-5-237. District court paternity proceedings -- objection to tests -- additional tests -- expert's report -- admissibility of evidence

40-5-238. Confidentiality of paternity hearings and records of proceedings

40-5-239. and 40-5-240 reserved

40-5-241. Repealed

40-5-242. Notice of support lien -- civil liability upon failure to honor support lien or to comply with warrant for distraint

40-5-243. Release of excess to obligor

40-5-244. Repealed

40-5-245. Repealed

40-5-246. Repealed

40-5-247. Warrant for distraint -- effect -- satisfaction of support lien -- redemption

40-5-248. Lien against real and personal property -- effect of lien -- interest -- warrant for distraint

40-5-249. and 40-5-250 reserved

40-5-251. Debt payment schedule

40-5-252. Interest on debts due -- waiver

40-5-253. Administrative findings and order -- administrative remedies -- judicial review

40-5-254. Statutory limitations

40-5-255. Charging off child support debts as uncollectible -- sale of support debts

40-5-256. Employee debtor rights protected -- limitation

40-5-257. Assignment of earnings to be honored -- effect

40-5-258. through 40-5-260 reserved

40-5-261. Procedures for making information available to consumer reporting agencies

40-5-262. Rules

40-5-263. Central clearinghouse -- enforcement services -- powers and duties of the department

40-5-264. Cooperative agreements

40-5-265. through 40-5-270 reserved

40-5-271. Registration of support orders

40-5-272. Application for review of child support orders

40-5-273. Notice of review of child support orders -- order for production of information

40-5-274. Renumbered 40-5-290

40-5-275. Renumbered 40-5-291

40-5-276. Repealed

40-5-277. Administrative review hearing -- final order -- court approval of order

40-5-278. Limited review of support order

40-5-279. through 40-5-289 reserved

40-5-290. Child support payments to follow child

40-5-291. Order to seek employment