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DISCLAIMER: Letters must "substantially" follow the language in the Setoff Debt Collection Act.  Below are suggested letters.  Participants should check with their own attorneys for acceptable language before sending out any letters.

 
Notification of intent to place in the Setoff Program;
Notification of intent to place in the Setoff and GEAR Programs;
Notification of Status of debts

 

NOTIFICATION OF INTENT TO PLACE IN THE SETOFF DEBT PROGRAM  (View WORD version)

 

DATE: <<today’s date>>

DEBTOR NAME
STREET
CITY, ST ZIP

SSN:
Date of Service:
Account #:

Subject: Collection of Debt

According to our records, you owe <<ENTITY NAME>> a debt in the amount of <<$ DEBT TOTAL>> , plus accruing interest, if applicable, for <<PURPOSE OF DEBT>>. You are hereby notified of <<ENTITY NAME>> intention to submit or resubmit this debt to the South Carolina Department of Revenue (SCDOR) to set off against your individual income tax refunds until the debt is paid in full, as authorized under the Setoff Debt Collection Act.

The Setoff Debt Collection Act allows the SCDOR to deduct, from any refund this amount plus an additional $25 administrative fee each for SCDOR and the S.C. Association of Counties that will be added to your debt in accordance with sections 12-56-60 and 12-56-63 of the Act. If you file a joint return with your spouse, this amount will be deducted from the total joint refund without regard to which spouse incurred the debt or actually withheld the taxes.

The Department will utilize the powers granted under Title 12 of the S.C. Code unless you file a written protest, within thirty (30) days from the date of this notice, with the information contained below:

1. Your name;
2. Your address;
3. Your social security number;
4. The type of debt in dispute; and
5. A detailed statement of all reasons you disagree with the debt amount or dispute that you owe the debt.

The original written protest must be mailed to <<ENTITY NAME>> at the following address:

<<ENTITY ADDRESS>>

If you do not dispute or protest this debt, you may pay the amount owed within thirty (30) days of the date of this notice by sending payment to <<ENTITY ADDRESS >>.

Sincerely,

Setoff Debt/GEAR Collection Coordinator

 


 


    NOTIFICATION OF INTENT TO PLACE IN THE SETOFF AND GEAR PROGRAM  (View WORD version)

 

 

DATE: <<today’s date>>

DEBTOR NAME
STREET
CITY, ST ZIP

SSN:
Date of Service:
Account #:

Subject: Collection of Debt

According to our records, you owe <<ENTITY NAME>> a debt in the amount of <<$ DEBT TOTAL>> , plus accruing interest, if applicable, for <<PURPOSE OF DEBT>>. You are hereby notified of <<ENTITY NAME>> intention to submit or resubmit this debt to the South Carolina Department of Revenue (SCDOR) for collection until the debt is paid in full. SCDOR can accomplish this setoff through either the Setoff Debt Collection Act or the Governmental Enterprise Accounts Receivable Program (GEAR).

The Setoff Debt Collection Act allows the SCDOR to deduct, from any refund this amount plus an additional $25 administrative fee each for SCDOR and the S.C. Association of Counties that will be added to your debt in accordance with sections 12-56-60 and 12-56-63 of the ACT. If you file a joint return with your spouse, this amount will be deducted from the total joint refund without regard to which spouse incurred the debt or actually withheld the taxes.

The GEAR Program, S.C. Code Section 12-4-580, authorizes the Department of Revenue to utilize all rights and powers of collection allowed it under Title 12 in collection of the above debt. These powers include the setoff of individual income tax refunds, garnishment of wages, seizure of bank accounts, sales of real or personal property, and the revocation of any license.

The Department will utilize the powers granted under Title 12 of the S.C. Code unless you file a written protest, within thirty (30) days from the date of this notice, with the information contained below:

1. Your name;
2. Your address;
3. Your social security number;
4. The type of debt in dispute; and
5. A detailed statement of all reasons you disagree with the debt amount or dispute that you owe the debt.

The original written protest must be mailed to <<ENTITY NAME>> at the following address:

<<ENTITY ADDRESS>>

If you do not dispute or protest this debt, you may pay the amount owed within thirty (30) days of the date of this notice by sending payment to <<ENTITY ADDRESS >>.

Sincerely,

Setoff Debt/GEAR Collection Coordinator

 

 

 


NOTIFICATION OF DEBT STATUS AFTER AN INCOME TAX RETURN IS GARNISHED  (View WORD version)

 

DATE: <<today’s date>>

DEBTOR NAME
STREET
CITY, ST ZIP

SSN:
Date of Service:
Account #:

Subject: Collection of Debt

The <<Entity Name>> in accordance with State Law previously notified you that your delinquent debt would be submitted to the South Carolina Department of Revenue to be setoff against your State income tax refund. The Department of Revenue has now notified <<Entity Name>> that it has setoff the sum of <<DEBT AMOUNT>> against your State income tax refund.

The funds received from the South Carolina Department of Revenue have been applied against your account. After application of these funds, the balance of your account is now <<CURRENT BALANCE>>. If you believe the balance is incorrect, please send a written notice to the following address:

Setoff Debt Coordinator
<<Entity Name>>
<Entity Address>>
<<City>>, <<State>> <<Zip Code>>

Sincerely,

Setoff Debt/GEAR Collection Coordinator

 

 

 


 

 

 

 

 

    Important Information !
     SCAC Debt Services
     Setoff Debt Collection Act
     GEAR Collection Act
     About Setoff Debt
     About GEAR
     Steps to Participate-Setoff
     Steps to Participate - GEAR
     Dates to Note
     Workshop Information
     Contact Information
   
Questions ...
    
800-922-6081
     melinda@scac.state.sc.us 

 

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Last Updated: 04/18/2012
South Carolina Association of Counties
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