LD 1970
pg. 15
Page 14 of 17 An Act to Address the Solvency of the Unemployment Compensation Fund Page 16 of 17
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LR 3037
Item 1

 
§1233.__Collection by levy on 3rd parties

 
1.__Notice of levy.__If an employer fails to pay any part of
the contribution, interest or penalties due under this chapter,
the Director of Unemployment Compensation may notify by mail a
3rd party who has possession or control of property in which the
delinquent employer may have an interest or who may owe a debt to
the delinquent employer, other than earnings.

 
A.__A notice under this section may be given any time after
the amount due under this Title becomes delinquent.__The
notice must state the aggregate amount of contributions,
penalties, interest or other amounts due and any additional
amount that will accrue by operation of law in a period not
to exceed the computation ending date of the month in which
the notice is given and, in the case of a credit, bank, or
savings account or deposit, is effective only up to that
amount.

 
2.__Notification and freezing assets.__Upon receipt of a
notice provided under this section, the person receiving the
notice:

 
A.__Shall advise the Director of Unemployment Compensation
no later than 20 calendar days after the date the notice was
sent of any property belonging to the delinquent employer
that is possessed or controlled by the person receiving the
notice and of any debt owed by the person receiving the
notice to the delinquent employer, except earnings; and

 
B.__May not transfer or dispose of the property or debt
possessed, controlled or owed by the person receiving the
notice during the period of 60 calendar days after the date
the notice was sent.

 
A notice sent under this section that attempts to prohibit the
transfer or disposition of any property possessed or controlled
by a bank is effective if it is mailed to the principal or any
branch office of the bank, including any office of the bank at
which the deposit is carried or the credit or property is held.

 
A person who has received a notice under this section and who
transfers or disposes of any property or debt in a manner that
violates this section is liable to the Director of Unemployment
Compensation for the amount of the indebtedness of the delinquent
person with respect to whose obligation the notice was given to
the extent of the value of that property or debt.


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