§ 147-86.25. Setoff debt collection. - North Carolina Statutes

§147‑86.25.  Setoff debt collection.

The State Controller shallimplement a statewide setoff debt collection program to provide for collectionof accounts receivable that have been written off.  The statewide program shallsupplement the Setoff Debt Collection Act, Chapter 105A of the GeneralStatutes, and shall provide for written‑off accounts receivable to be setoff against payments the State owes to debtors, other than payments ofindividual income tax refunds and payroll.

A program shall provide that,before final setoff can occur, the State agency servicing the debt must notifythe debtor of the proposed setoff and of the debtor's right to contest thesetoff through an administrative hearing and judicial review.  A proposedsetoff by a State agency that is a "claimant agency" under Chapter105A of the General Statutes shall be conducted in accordance with theprocedures the State agency must follow under that Chapter.  A proposed setoffby a State agency that is not a "claimant agency" under Chapter 105Aof the General Statutes shall be conducted under Articles 3 and 4 of Chapter150B of the General Statutes. (1993, c. 512, s. 1.)