Initiation of Administrative Action for Levy; Required Information in Notice to Financial Institution
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Law
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Georgia Code
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Domestic Relations
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Enforcement of Duty of Support
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Child Support Recovery Act
- Initiation of Administrative Action for Levy; Required Information in Notice to Financial Institution
- If an obligor is subject to the provisions of Code Section 19-11-32, the child support enforcement agency may initiate an administrative action to levy against the account or accounts of the obligor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action.
- The child support enforcement agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the child support enforcement agency or its collection services center. The notice shall be sent by certified mail or statutory overnight delivery.
- The notice to the financial institution shall contain all of the following information:
- The name and social security number of the obligor;
- A statement that the obligor is believed to have one or more accounts at the financial institution;
- A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the child support enforcement agency or its collection services center;
- The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor;
- The prescribed time frame which the financial institution must meet in forwarding amounts;
- The address of the child support enforcement agency which will process the moneys forwarded; and
- A telephone number, address, and contact name of the child support enforcement office contact initiating the action.
(Code 1981, §19-11-35, enacted by Ga. L. 1997, p. 1613, § 31; Ga. L. 2000, p. 1589, § 3; Ga. L. 2017, p. 646, § 2-3/SB 137.)
The 2017 amendment, effective July 1, 2017, substituted "child support enforcement agency" for "IV-D agency" throughout this Code section.
Law reviews. - For article on the 1997 enactment of this Code section, see 14 Ga. St. U.L. Rev. 121 (1997).
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