§ 19-11-35.Initiation of administrative action for levy; required information in notice to financial institution

By sending a notice to the financial institution where the obligor’s account is held. If the obligor is subject to § 19-11-32, the agency may initiate an administrative action to levy and send the bank a notice, by certified mail or statutory overnight delivery, directing it to forward all or part of the money in the obligor’s accounts to the agency or its collection services center.

Not before the levy starts. If notice was previously provided under § 19-11-33, either in your support order or by regular mail, further notice is not required before the agency initiates the levy. After the action is taken, though, § 19-11-36 requires the agency to notify you of it.

Seven items: your name and Social Security number; a statement that you are believed to have accounts there; a statement that your accounts are subject to seizure and the bank must forward money; the maximum amount to forward; the time frame for forwarding; the address of the agency office processing the money; and a telephone number, address and contact name for the office that started the action.

Yes. The notice must state the maximum amount to be forwarded, and that amount shall not exceed the delinquent or accrued support owed. Section 19-11-32(c) sets the same cap on whatever a financial institution forwards. The notice may direct the bank to forward all or only a portion of the money in the accounts.

By certified mail or statutory overnight delivery. The section requires one of those two methods for the notice to the financial institution, which generally gives the agency a record of when the bank received it. That date matters, because § 19-11-38 counts the bank’s forwarding window from it. The earlier notice to the parent under § 19-11-33 may go by regular mail.