Page 15

Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau. 15 DEPARTMENT OF CHILDREN AND FAMILIES DCF 101.23 (b) Overpayments caused by intentional program violations. If an overpayment of benefits under s. DCF 101.18 (1) (a), (b), or (c), is the result of an intentional violation of ss. 49.141 to 49.161, Stats., or this chapter, the W–2 agency or the department shall recoup the overpayment from the debtor by deducting an amount from the debtor’s benefits received under s. DCF 101.18 (1) (a), (b), or (c) until the overpayment is recovered. The amount to be deducted each month may not exceed the following: 1. For intentional program violations resulting in an overpay- ment that is less than $300, the amount to be deducted may not exceed 10% of the monthly benefit payment. 2. For intentional program violations resulting in an overpay- ment that is at least $300 but less than $1,000, the amount to be deducted may not exceed $75. 3. For intentional program violations resulting in an overpay- ment that is at least $1,000 but less than $2,500, the amount to be deducted may not exceed $100. 4. For intentional program violations resulting in an overpay- ment that is $2,500 or more, the amount to be deducted may not exceed $200. (6) TRIAL EMPLOYMENT MATCH PROGRAM OVERPAYMENTS. The W–2 agency shall recover any overpayment of benefits paid under s. DCF 101.18 (1) (a) from the debtor. The W-2 agency may not recover more than the amount that the W-2 agency or the department paid in wage subsidies for the debtor while the debtor was ineligible to participate under s. DCF 101.16 (2). The W–2 agency shall ask a former participant in a trial employment match program job who received overpayments to voluntarily repay the overpayment. If a former participant does not voluntarily repay the overpayment, the W–2 agency shall refer the debt to the de- partment for further collection action. (7) EFFECT OF RESTITUTION PAYMENTS. A debtor’s payments to the department as part of a restitution agreement under s. 973.20, Stats., arising out of the facts or events that are the basis for the overpayment owed to the department shall be applied to the liability owed to the department, but a debtor’s completion of probation or fulfillment of the restitution agreement shall not limit or impair the ability of the department to collect any re- maining balance on the debt. (8) DELINQUENCY. A debt shall be considered delinquent if the department does not receive a debtor’s payment by the due date 3 times over the life of the debt. A delinquent debt may be subject to warrant and execution under s. 49.195 (3m), Stats.; levy under s. 49.195 (3n), Stats.; setoff against a refund under ss. 49.85 and 71.93, Stats.; and other authorized collection methods. The department may recover a delinquent debt by more than one means of collection at the same time. A delinquent debt retains delinquent status regardless of any future payment on the debt. Note: The limitation on using warrant and execution and levy only when a debtor has not complied with the payment schedule 3 times is not required by statute. Be- cause the department is limiting the use of warrant and execution and levy to debtors who have not complied with a payment schedule, the withdrawal of a warrant when the debtor does comply with the payment schedule under s. 49.195 (3m) (h), Stats., will not occur. (9) WARRANT AND EXECUTION UNDER SECTION 49.195 (3M), STATS. (a) Creation of lien. 1. If a debt for repayment of an overpayment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is delinquent under sub. (8) and no review or appeal rights under sub. (2) are pending and the time for requesting a review has ex- pired, the department may issue a warrant directed to the clerk of circuit court of any county. 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the debtor named in the warrant, the amount for which the warrant is issued, and the date on which the clerk entered the information. 3. The department shall pay the fees required under s. 814.61 (5), Stats., for entering the warrant and shall collect the fees from the debtor named in the warrant when satisfaction or release is presented for entry. 4. A warrant issued under subd. 2. shall be considered in all respects a final judgment constituting a perfected lien upon the debtor’s right, title, and interest in all real and personal property located in the county in which the warrant is entered. 5. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., when a warrant has been issued. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. The department may not withdraw a warrant based on a request for hearing. (b) Execution of the warrant. 1. After the warrant is issued and no review or appeal rights under par. (a) 4. are pending and the time for requesting a review has expired, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to execute the war- rant and sell sufficient real and personal property of the debtor to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not com- mand the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20, Stats. 2. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before property is seized. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the depart- ment is proceeding against and mistaken identity of the debtor. The department may not cease enforcement or seizure based on a request for hearing. 3. The department shall provide the debtor with notice and an opportunity for a hearing under ch. 227, Stats., before seized property is sold. The debtor may request a hearing under ch. 227, Stats., within 20 days from the date on the notice. The appeal shall be limited to questions of prior payment of the debt that the department is proceeding against and mistaken identity of the debtor. If a hearing is requested, the department shall notify the sheriff that seized property may not be sold before the hearing decision is issued or the hearing request is withdrawn. (c) Satisfaction of the warrant. When the amount set forth in the warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall im- mediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfac- tion to the person named in the warrant. (10) LEVY UNDER SECTION 49.195 (3N), STATS. (a) Defini- tion. In this subsection, “personal property” means all tangible and intangible property and rights to such property that is not real estate, including compensation paid or payable for personal ser- vices, whether denominated as wages, salary, commission, bonus or otherwise; periodic payments received pursuant to a pension or retirement program; rents; proceeds of insurance; contract payments; stock and bonds; and accounts in financial institutions. (b) Notice prior to levy. 1. If a debt for repayment of an over- payment under s. 49.148, 49.155, 49.157, or 49.19, Stats., is Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published. Register May 2026 No. 845