The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
012
:
SETOFF DEBT COLLECTION
(Cite as: 32 V.S.A. § 5936)
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§ 5936. Hearing procedure
(a) If a debtor applies in writing for a hearing before a claimant agency within 30 days
of the date of mailing of the notice described in subsection 5934(c) of this chapter,
the claimant agency shall conduct a hearing to determine the validity and amount of
debt owed by the debtor. The hearing shall be held in accordance with 3 V.S.A. §§ 809 through 813.
(b) The final determination of any claimant agency regarding the validity and amount of
any debt may be appealed within 30 days to the Civil Division of the Superior Court
of the unit in which the taxpayer resides, except that if the claimant agency is the
Office of Child Support, the appeal shall be to the Family Division of the Superior
Court. Upon appeal, the provisions of the Vermont Rules of Civil Procedure or the
Vermont Rules for Family Proceedings, as appropriate, shall apply, and the court shall
proceed de novo to determine the debt owed.
(c) Upon conclusion of the hearings and appeals granted under this section, and upon notification
by the Commissioner of the result of any appeal under section 5935 of this chapter,
a claimant agency shall notify each taxpayer whose refund is set off that a final
setoff has occurred. The notice shall include the amount of refund transferred to
the claimant agency, the amount of debt finally determined to be owed to the claimant
agency, the amount of refund, if any, returned to a non-debtor spouse, and the amount
of any outstanding balance due the debtor after final setoff. The claimant agency
shall disburse any outstanding balance due the debtor along with the notice of the
final setoff. (Added 1981, No. 228 (Adj. Sess.), § 1, eff. May 4, 1982; amended 1997, No. 63, § 20, eff. Sept. 1, 1997; 2009, No. 154 (Adj. Sess.), § 217.)