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§1233.__Collection by levy on 3rd parties |
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| | | 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. |
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| | | 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. |
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| | | 2.__Notification and freezing assets.__Upon receipt of a | | notice provided under this section, the person receiving the | | notice: |
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| | | 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 |
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| | | 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. |
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| | | 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. |
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| | | 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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