1. (1) Nonpursuit. A county department or the department may not engage in efforts to collect from a liable individual whose maximum monthly payment amount is $0.

2. (2) Delinquent account.

   1. (a) A county department or the department may consider an account to be delinquent if all of the following have occurred:

      1. 1. The monthly payment due has not been received for 90 consecutive days.
      2. 2. Notices stating that the monthly payment amount has not been received were sent to all liable persons after 30 days, 60 days, and 90 days of noncompliance.
   2. (b) The county department or the department shall maintain documentation of notices sent under par. (a) 2.
3. (3) Tax intercept. A county department or the department may certify a fee debt for setoff by the department of revenue under s. 71.93 or 71.935, Stats., if the liable person has been provided with reasonable notice and an opportunity to be heard with regard to the debt.
4. (4) Collection agencies. A county department or the department may establish an agreement with a collection agency in compliance with s. 218.04, Stats., to collect a fee debt. The county department or the department shall monitor accounts sent to the collection agency.

5. (5) Statute of limitations.

   1. (a) A county department or the department may collect a fee debt within the following timeframes:

      1. 1. Within 10 years after the cause of action accrues as provided under s. 893.87, Stats.
      2. 2. Within 20 years after a judgment is entered as provided under s. 893.40, Stats.

   2. (b) For purposes of par. (a) 1., the cause of action accrues in the month that the service is provided.

      Note: Under s. DCF 1.04 (3) (b), a county department or the department may waive liability for all or part of fee debt for a reason specified in s. DCF 1.04 (3) (a) at any time.

History

History: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.