Section 23.20.215. Notice and order to withhold and deliver.

   (a) The department may issue a notice and order to withhold and deliver property of any kind to a person or a political subdivision or department of the state when (1) the department has reason to believe that the person, political subdivision, or department possesses property which is due, owing, or the property of another person; and (2) notice and order of assessment has been served, at least 30 days before the issuance of the notice and order to withhold and deliver.
   (b) A peace officer or an authorized representative of the department may serve the notice to withhold and deliver.  The person, political subdivision, or department upon whom service is made shall answer the notice within 10 days.
   (c) If the person, political subdivision, or department possesses property, credits, or money subject to the claim of the department, it shall deliver the property to the department immediately upon demand.  The department shall hold the property in trust for application on the indebtedness involved or for return, without interest, in accordance with final determination of liability or nonliability, or, in the alternative, there shall be furnished a sufficient bond satisfactory to the department conditioned upon final determination of liability.
   (d) If a person fails to answer the order to withhold and deliver within the time prescribed, the superior court in the judicial district in which the order is served may enter a judgment by default against the person for the full amount claimed by the department in the notice to withhold and deliver, together with costs.

Notes

History

(Sec. 516.1 ch 5 ESLA 1955, added by Sec. 21 ch 169 SLA 1957)