Louisiana § RS 32:8 - Final delinquent debt; office of motor vehicles

§ RS 32:8. Final delinquent debt; office of motor vehicles

            A. For purposes of this Section, the following words shall have the following meanings unless the context clearly indicates otherwise:

            (1) "Debt" means any legally collectible liquidated sum due and owed to the Department of Public Safety and Corrections, office of motor vehicles, pursuant to R.S. 32:57.1, 863, or 863.1.

            (2) "Delinquent debt" means a debt that is one hundred eighty days or more past due.

            (3) "Final debt" means that the debtor has no further right of administrative and judicial review regarding the amount.

            (4) "Office of motor vehicles" means the Department of Public Safety and Corrections, office of motor vehicles.

            B. The office of motor vehicles may refer a final delinquent debt for which a debtor has not entered into an installment agreement for payment to the office of debt recovery as provided in R.S. 47:1676. Final delinquent debt referrals shall include data and information in the required format necessary to institute collection procedures. All delinquent debts shall be authenticated by the office of motor vehicles prior to being referred to the office of debt recovery. Once the delinquent debt becomes final and prior to referral to the office of debt recovery, the office of motor vehicles shall notify the debtor in writing that failure to pay the debt in full within sixty days shall subject the debt to the amount owed, as specified in R.S. 32:57.1(B), 863(A)(3)(a), and 863.1, together with the additional fee collected by the office of debt recovery provided for in R.S. 47:1676. Such notice shall also inform the debtor that the debtor may qualify to pay sums due by installment agreement, if eligible, and shall include instructions on how to inquire with the office of motor vehicles to determine eligibility and terms.

            C. The office of motor vehicles may promulgate rules and regulations in accordance with the Administrative Procedure Act necessary to implement the provisions of this Section, including rules for referring final delinquent debt.

            D. The office of motor vehicles, through the commissioner, may compromise and settle all debt, whether such debt is delinquent debt, final debt, or a debt that has been referred to the office of debt recovery as a final delinquent debt to avoid litigation and further collection expenses of the state upon satisfactory showing of substantial compliance with the law and determination that no fee or lesser fee is due.

            Acts 2015, No. 414, §1; Acts 2016, 1^st E.S., No. 11, §1, eff. March 9, 2016; Acts 2016, No. 397, §1, eff. June 8, 2016; Acts 2024, No. 629, §1, eff. June 11, 2024.