Can the North Carolina Attorney General's Office act on behalf of counties under the Set-off Debt Collection Act to collect judgments against social services recipients?

Plain-English summary

A Sampson County social services fraud investigator asked whether the Attorney General's Office could act under the Set-off Debt Collection Act for counties that had obtained judgments against social services recipients. The Attorney General answered no.

The decisive words appear in N.C.G.S. § 105A-2(1)h. That provision makes the Attorney General's Office a “claimant agency” for “acting on behalf of any State agency when the claim has been reduced to a judgment.” The opinion says subdivisions c and d separately define a county as a claimant agency for Medicaid and Title IV-D collections. They do not define a county as a “State agency” for the Attorney General's representation under subdivision h. The opinion therefore concludes that the office may represent only State agencies for Chapter 105A collections and is not authorized to represent counties for that purpose.

The opinion does not decide whether a county can use Chapter 105A for other kinds of debt or describe how counties must represent themselves. It also reports that the Legislative Services Office said the 1982 General Assembly had not amended Chapter 105A.

Currency note

This opinion applies Chapter 105A as it stood in 1982. Check the current statute for a present collection or representation question.

Common questions

Q: Could the Attorney General's Office act under Chapter 105A for a county that had obtained a judgment?
A: The opinion says no. Subdivision h authorizes the office to act for a “State agency” with a judgment, and the opinion does not read that term to include counties.

Q: Did the statute treat counties as claimant agencies for any collections?
A: Yes. The opinion says subdivisions c and d defined counties as claimant agencies for Medicaid and Title IV-D collections. It does not address county claims outside those categories.

Q: Did the opinion choose a representative for county claims?
A: No. It only decides that the Attorney General's Office was not authorized to represent counties for Chapter 105A collections under the cited provision.

Q: Had Chapter 105A changed during the 1982 legislative session?
A: The opinion says the Legislative Services Office informed the Attorney General that it had not been amended in that session.

Background and statutory framework

The opinion turns on the different terms used in the definition of “claimant agency.” Subdivision h refers to the Attorney General's Office acting for a State agency after a claim has become a judgment. Subdivisions c and d refer to counties for Medicaid and Title IV-D collections. The Attorney General concludes that the separate mention of counties does not make them State agencies under subdivision h. That textual distinction supports the narrow conclusion about representation; it does not establish eligibility for other county debts.

Citations

• N.C.G.S. § 105A-2 (claimant agency definitions)
• N.C.G.S. § 105A-2(1)c (counties for Medicaid collections)
• N.C.G.S. § 105A-2(1)d (counties for Title IV-D collections)
• N.C.G.S. § 105A-2(1)h (Attorney General's Office for State agencies with judgments)

Source

• Landing page: https://ncdoj.gov/opinions/counties-social-services-set-off-debt-collection-act/

Original opinion text

Requested By: Lew Gary Darden
Fraud Investigator
Sampson County Department of Social Services

Question: May the Attorney General's Office act on behalf of counties under the Set-off Debt Collection Act?

Conclusion: No.

You have asked whether the Attorney General's Office can act under N.C.G.S. § 105A-2(1)h on behalf of counties that have obtained judgments against social services recipients. We do not construe the applicable statutes to authorize the Attorney General's Office to so act.

N.C.G.S. § 105A-2(1)h provides that the Attorney General's Office is a "claimant agency" for the purpose of "acting on behalf of any State agency when the claim has been reduced to a judgment." (Emphasis added) Under subdivisions c and d of § 105A-2, a county is defined as a "claimant agency" for the purpose of Medicaid and Title IV-D collections. The statute does not, however, define a county as a "State agency" for such purpose.

It is our opinion, therefore, that the Attorney General's Office may represent only State agencies, as that term is generally understood, for collections under Chapter 105A and that it is not authorized to represent counties for such purposes.

You have also inquired whether Chapter 105A was amended by the 1982 Session of the General Assembly. We have been informed by the Legislative Services Office of the General Assembly that Chapter 105A was not amended by the 1982 Session.

Rufus L. Edmisten
Attorney General

Henry T. Rosser
Assistant Attorney General