§ 19-11-37.Challenges to levy; mistakes; procedures; reimbursement

This is the section to read if your bank account has been frozen for child support. Only an obligor or an account holder of interest may challenge an administrative levy for child support arrearage. These levy actions are not subject to the Georgia Administrative Procedure Act, so there is no administrative hearing. The only hearing after the bank receives the levy notice is in superior court under this section.

Step one: the written challenge. A person who wants to challenge must submit a written challenge within ten working days of the date of the notice, directed to the contact person named in the notice. The agency shall then review the facts with the challenger. Only a mistake of fact counts as a reason to dismiss or modify the levy — including, but not limited to, a mistake in the obligor’s identity, in who owns the funds, or in the amount of delinquent support due. Joint account holders face a hurdle: the law presumes the funds in a joint account belong to the obligor, and that presumption may be rebutted only by clear and convincing evidence.

Step two: the agency’s decision. If the agency finds a mistake of identity, or that the obligor is not delinquent in an amount equal to one month’s payment, it shall notify the bank that the levy is released and send the obligor a copy by first-class mail. If the obligor owes less than the notice said, the agency shall send the bank the revised amount, with a copy to the obligor by regular mail; on written instructions, the bank releases the excess to the obligor and the rest is processed under § 19-11-38. If the agency finds no mistake, it notifies the challenger by regular mail.

Step three: court. If the challenger then makes a written request, the agency shall request a hearing in the superior court of the county where the underlying support order is filed. The bank must keep the money frozen, and the clerk schedules a hearing no later than 30 calendar days after the request is filed. The court may extend that by up to 30 days only for good cause. After the hearing, the levy is released if the court finds a mistake of identity or no delinquent support owed; excess is released and the rest forwarded if the support was overstated; and the frozen money is forwarded if the amount is correct. If the obligor or another interested party fails to appear, the court may find the challenger in default and shall ratify a levy that is valid on its face. Several limits apply. Visitation, custody and other matters unrelated to the levy are not grounds for a hearing. The hearing cannot modify the support order, and findings about the amount owed don’t change it either. An order entered under this section for a levy has priority over a levy for any purpose other than supporting the dependents in the order being enforced. The obligor may withdraw a challenge in writing, and the agency may withdraw the levy any time before the hearing. If all funds are refunded because of a mistake of fact or a court ruling, the agency shall reimburse the account for fees the bank assessed, unless the mistake was in the amount of support. For that reimbursement, each certificate of deposit counts as a separate account.