Have to respond to a Demand?

Caroliso

I know we've discussed this before but i can't find the post.
Do I have to respond to a Demand issued by a state Health and Human Services Agency? This is for information on an employee so that they can pursue child support collection. The demand has the code sections on it, and I'm about to look them up but I thought there was some knowledge on this board about what one is required to respond to by law and what not. I remember people saying that just because a letter says you are required to respond does not mean you are (such as all letters from attorneys just because they are attorneys).

Parabeagle

We respond to requests from governmental agencies, especially in child support issues, because of the uniform new-hire reporting system (all new hires are reported to the state specifically to track down "deadbeat dads/moms"). Someone out there, I'm sure, can quote you chapter and verse, but my rule of thumb has been to respond to requests from IRS, HHS, state dept. of revenue, etc. because they can make your life miserable if you don't.

For example, you would certainly respond to a writ of garnishment, wouldn't you? Same thing. There are penalties if you don't cooperate in these matters.

As for attorneys, I usually don't honor requests for information from them unless they are pursuant to a legal matter in which we are involved (subpoena duces tecum, etc.) or we are otherwise required to respond by the court.

pork1

I concurr, expect that I do not respond without a written document with the EEs signature. The Depat of Human Services is quick to send a fax form for information and stamp the signature portion with Signature on File. The DHS in our county areas know this and thus they are all sending the form with signatures included. I tell them if they want the information without the signature they will need to get a court order.

It works for me, maybe it will work for you.

PORK

Caroliso

Hmm. The form letter I got has no signature anywhere, and the only reference to the employee is in a typed section at the top. It's not even signed by an authorized representative of the agency, there's a 5 digit code on that signature line.

Caroliso

Parabeagle, I'm interested in your "make your life miserable" comment. Do you mean repeated phone calls? I can withstand those if I'm on solid legal ground to refuse (and have a call in to my lawyer on this) but obviously i don't want to break the law or incur penalties. Like you i wouldn't hesitate to respond to court orders, IRS and DOR requests, but wasn't sure state HHS was in the same category.

Whirlwind

It's good to check with your atty., but I'm guessing that HHS is the entity in your state that is statutorily charged with the responsibility and authority to collect delinquent child support. In my state it's the Atty. General's office and we are legally required to comply with their demands.

Parabeagle

In your original post, you mentioned that it was pursuant to a child support enforcement matter. We routinely get orders to withhold for child support from the various state HHS offices and honor them as we would any other garnishment proceeding. If you are uncomfortable because of the sketchy information contained in the document, I would try to contact the HHS office to determine if it's valid.

stilldazed

Our practice is similar to that of Parabeagle--voluntarily respond to state/federal agency documents, require a subpoena from attornes (especially if they represent the "other" side), and require written employee authorization from all others.

We have on many occasions made a quick call to the state/federal agency to confirm validity of the request before giving a response and have found that those folks are informed, helpful, insightful of privacy concerns, and more than willing to cooperate with employer initiatives to confirm validity.