99F.19 - SETOFF.
99F.19 SETOFF.
1. A licensee or a person acting on behalf of a licensee shall be
provided electronic access to the names of the persons indebted to a
claimant agency pursuant to the process established pursuant to
section 99F.4, subsection 26. The electronic access provided by the
claimant agency shall include access to the names of the debtors,
their social security numbers, and any other information that assists
the licensee in identifying the debtors. If the name of a debtor
provided to the licensee through electronic access is retrieved by
the licensee and the winnings are equal to or greater than ten
thousand dollars per occurrence, the retrieval of such a name shall
constitute a valid lien upon and claim of lien against the winnings
of the debtor whose name is electronically retrieved from the
claimant agency. If a debtor's winnings are equal to or greater than
ten thousand dollars per occurrence, the full amount of the debt
shall be collectible from any winnings due the debtor without regard
to limitations on the amounts that may be collectible in increments
through setoff or other proceedings.
2. The licensee is authorized and directed to withhold any
winnings of a debtor which are paid out directly by the licensee
subject to the lien created by this section and provide notice of
such withholding to the winner when the winner appears and claims
winnings in person. The licensee shall pay the funds over to the
collection entity which administers the setoff program pursuant to
section 8A.504.
3. Notwithstanding any other provision of law to the contrary,
the licensee may provide to a claimant agency all information
necessary to accomplish and effectuate the intent of this section,
and likewise the claimant agency may provide all information
necessary to accomplish and effectuate the intent of this section.
4. The information obtained by a claimant agency from the
licensee in accordance with this section shall retain its
confidentiality and shall only be used by a claimant agency in the
pursuit of its debt collection duties and practices. An employee or
prior employee of a claimant agency who unlawfully discloses any such
information for any other purpose, except as otherwise specifically
authorized by law, shall be subject to the penalties specified by law
for unauthorized disclosure of confidential information by an agent
or employee of the claimant agency.
5. The information obtained by a licensee from a claimant agency
in accordance with this section shall retain its confidentiality and
only be used by the licensee in the pursuit of debt collection duties
and practices. An employee or prior employee of a licensee who
unlawfully discloses any such information for any other purpose,
except as otherwise specifically authorized by law, shall be subject
to the same penalties specified by law for unauthorized disclosure of
confidential information by an agent or employee of the licensee.
6. Except as otherwise provided in this chapter, attachments,
setoffs, or executions authorized and issued pursuant to law shall be
withheld if timely served upon the licensee.
7. A claimant agency or licensee, acting in good faith, shall not
be liable for actions taken to comply with this section. Section History: Recent Form
2008 Acts, ch 1172, §6