§1446. Provision of support enforcement services by a private child support collection agency; prerequisites

A. Before commencing support enforcement services, a private child support collection agency shall obtain from the obligee all of the following:

(1) A certified copy of the order of support.

(2) A statement executed by the obligee under oath containing the arrears balance and the dates during which the arrears balance accrued.

(3) Any judgments in existence at the time the contract is signed by the obligee setting the arrears owed.

(4) A statement executed by the obligee under oath stating that the obligee is not receiving FITAP for, or on behalf of, himself or another individual.

B. In addition to Subsection A of this Section, before commencing support enforcement services, the collection agency shall send the obligor a written notice no later than five days after the obligee and collection agency sign a contract. The notice shall include all of the following:

(1) The name of the obligee.

(2) A statement of the amount of the child support arrears, including any associated interest, late payment fee, or other charge authorized by law, and the current child support owed by the obligor.

(3) A statement that the collection agency assumes that the obligor owes child support or arrears to the obligee and that the amounts owed as described in the statement are correct, unless the obligor disputes the existence or amount of the child support obligation within thirty days after receipt of the notice.

(4) A statement that if the obligor provides written notice to the collection agency within the time period provided in Paragraph (3) of this Subsection, disputing the existence or amount of the child support obligation or arrears, the collection agency shall cease efforts to collect the support until it obtains and mails to the obligor written verification of the existence or amount of the obligation.

(5) A statement that the arrears balance reflected does not include any amounts owed to the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.

C. A statement in accordance with Paragraph (B)(4) of this Section shall not affect the enforceability of a valid income-withholding order or assignment issued by the department or any other state agency administering a state plan approved under Title IV-D of the Federal Social Security Act, as amended.

D. The failure of an obligor to dispute the amount or existence of child support or arrears shall not be construed as an admission of liability by the obligor.

Acts 2010, No. 872, §2, eff. July 2, 2010.