Page 1069

COMBINED MANUAL

ISSUE DATE 12/2014

JOL - DOCKETING & RENEWING

0025.21.08

Overpayments established through the Judgment by Operation of Law (JOL) process can be docketed and renewed when needed. See 0025.21.07 (JOL – Establishing Claims). A local agency may enter a JOL for docketing 90 days after delivery of the overpayment notice or 90 days after terminating the benefits causing the overpayment, whichever occurs later. It does not prevent docketing a JOL against a person responsible on the claim who is no longer a member of the household that is subject to recoupment. If a satisfactory repayment plan can be completed in the 3 month period after recoupment ends, docketing the judgment can be further postponed as long as the debtor complies with the repayment plan.

To docket a JOL, the collection or accounting officer must:

1. Complete a Notice of Entry of Judgment for the JOL, an Affidavit of Default, an Affidavit of Identification and an Affidavit of Non-Military Status. A combined affidavit can include all of these features. Use Judgment by Operation of Law Notice of Entry of Judgment and Affidavit of Default and Affidavit of Identification Affidavit of Non-Military Status (DHS-5290E) (PDF), (Combined Affidavit of JOL Entry and Default).

2. Send a copy of the Judgment by Operation of Law Notice of Entry of Judgment and Affidavit of Default and Affidavit of Identification Affidavit of Non-Military Status (DHS-5290E) (PDF) by first class mail to the debtor at the address where the JOL notice was received. If the debtor has since moved, mail a copy to the new address. Complete a notarized Affidavit of Service by Mail (DHS-5290D) (PDF) that the DHS-5290E has been mailed.

3. Affidavits can also be hand delivered to the debtor. Complete the appropriate Affidavit of Service by Personal Service (DHS- 5290B) (PDF) for a paid process server or Affidavit of Personal Service (DHS-5290C) (PDF) for personal service by an agency worker.

4. Route the following documents to the court administrator, making certain that you send the original documents:

- The signature (green) card from the certified mail if that was the method of delivery.

- The JOL overpayment notice.

- The Affidavit of Service of the initial JOL notice. (Affidavit of Service by Certified Mail (DHS-5290A) (PDF), Affidavit of Service by Personal Service (DHS-5290B) (PDF), or Affidavit of Personal Service (DHS-5290C) (PDF)).

- The Combined Affidavit of JOL Entry and Default. (Judgment by Operation of Law Notice of Entry of Judgment and Affidavit of Default and Affidavit of Identification Affidavit of Non-Military Status (DHS-5290E) (PDF)).

- The Affidavit of Service for Combined Affidavit of JOL Entry and Default. (Affidavit of Service by Mail (DHS-5290D) (PDF)).

- Any appeal decisions supporting the entry of this claim as a JOL.

Upon completing the JOL docketing, the court administrator should provide notice to the agency that indicates:

● A JOL was established.

● The county where the judgment is docketed.

● The court file number.

● The docket number, if given.

● The docket date.

● The dollar amount docketed.