57-38.3-04. Collection of debts through setoff

57-38.3-04. Collection of debts through setoff

1. A claimant agency may submit any debts in excess of twenty-five dollars to the

commissioner for collection through setoff, together with any information the

commissioner may require, under the procedure established by this chapter, except in

cases in which the validity of the debt is legitimately in dispute, an alternate means of

collection is pending and believed to be adequate, or such collection would result in a

loss of federal funds or federal assistance.

2. Upon request of a claimant agency, the commissioner shall set off any refund, as

defined herein, against the sum certified by the claimant agency as provided in this

chapter.

3. A claim made by any child support unit of the department of health and human

services has priority in setting off any refund. Other claims rank by date of certification

under section 57-38.3-05 in the office of the commissioner with the claim earlier

certified having priority.