713.13 Court Adjudicated Claims (FSM)

SR 95-47 Dated 07/95

Previous Policy

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If a court finds an individual guilty of fraud, collection action may be pursued. If an individual is found innocent of fraud, collection action may nevertheless be pursued to recover any overissuance. In short, collection action can be pursued whenever the courts verdict does not disallow it.

When the court itself orders an individual to repay an overissuance, the courts directive on the method and schedule of repayment is followed. An individual who fails to follow the courts directive may be held in contempt of court upon petition by DHHS.

The Attorney Generals Office keeps DHHS informed about court decisions. Collection of repayments ordered by the court through the Department of Corrections, Division of Field Services, is the responsibility of the Division of Field Services.