Section 165.104  Methods of Involuntary Repayment

If the debtor has failed for 90 days to make regular installment payments to retire the overpayment according to the repayment schedule and a balance due is outstanding, the Department may take any or all of the following actions to collect the overpayment:

a)         Initiation of wage garnishment proceedings, if the overpayment was established by a civil judgment and the Department determines that the debtor is employed.

b)         Referral of the overpayment to a private collection agency for collection.

c)         Referral of the overpayment to the Comptroller of the State of Illinois for collection under Section 10.05 of the State Comptroller Act [15 ILCS 405/10.5].

d)         Initiation of proceedings to obtain a civil judgment under Section 8A-7 of the Illinois Public Aid Code [305 ILCS 5/8A-7].

e)         Referral of the overpayment to the Treasury Offset Program for deduction of the debt from tax refunds and/or other federal warrants in accordance with federal regulations (see 7 CFR 272-273).

f)         Referral of delinquent debt to the Department of Revenue Debt Collection Bureau for collection of debt using all legal authority available to the Department of Revenue to collect debt in accordance with Section 10 of the Illinois State Collection Act of 1986 [30 ILCS 210/10].

(Source:  Amended at 32 Ill. Reg. 7916, effective May 7, 2008)