049-1 Wyo. Code R. § 1-11

Current through April 27, 2019

Section 1-11 - Legal Actions- Small Claims

(a) FO-DFS/DFS-ORP shall take appropriate cases to small claims court.

(b) FO-DFS/DFS-ORP shall determine the following cases appropriate to take to small claims court:

• (i) the client is living in the same county as the field office; and

• (ii) the total unpaid balance of all programs is $2,000.00 or less or as prescribed by the statutory limits excluding costs; and

• (iii) the assistance unit has defaulted on the Installment Contract by not making a payment within sixty (60) days of the due date; or

• (iv) the assistance unit has refused to sign an Installment contract and failed to make payments within sixty (60) days of the first notice of overpayment for all programs excluding Food Stamps agency errors.

(c) FO-DFS/DFS-ORP shall prepare all necessary documents.

(d) FO-DFS/DFS-ORP shall file in the court of appropriate jurisdiction as follows:

• (i) county court when there is one; or

• (ii) justice of the peace court; or

• (iii) municipal court.

(e) FO-DFS/DFS-ORP shall contact the clerk of the appropriate court and obtain the needed forms to process the claims or use the forms provided in the DFS-ORP Manual, whichever is appropriate.

(f) FO-DFS/DFS-ORP shall complete the information requested on the Small Claims Affidavit by:

• (i) entering the Plaintiff as the STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES; and

• (ii) including the small claims filing fee and the service of process fees in the explanation; and/or

• (iii) in the claim use the words "plus court costs;" and

• (iv) exclude the court costs in Food Stamp only cases.

(g) FO-DFS/DFS-ORP shall complete the information requested on the Summons with Return and shall enter the Plaintiff as THE STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES.

(h) FO-DFS/DFS-ORP shall file the claim by taking the following to the clerk of the appropriate court:

• (i) the Small Claims Affidavit; and

• (ii) the Summons and Return; and

• (iii) money or a check for the filing fees paid from the Field Office petty cash fund. This money will be reimbursed upon receipt of repayment for;
  • (A) an appearance fee if requested; and/or
  • (B) a filing fee; and

• (iv) two copies of the proof or evidence prepared earlier.

(i) Service of process shall be complete when the summons is signed and received by the clerk of the court and can be done by;

• (i) leaving a copy with the clerk who will send it to the defendant by registered mail; or

• (ii) leaving a copy with the local sheriff's office and paying the service fee out of the Field Office petty cash.

(j) FO-DFS/DFS-ORP shall ascertain the court date set by the judge on the Summons.

(k) FO-DFS/DFS-ORP shall notify the clerk of the appropriate court to vacate the hearing when prior to the hearing;

• (i) the client responds; and

• (ii) restitution is made in full.

(l) A representative of FO-DFS/DFS-ORP shall attend the trial and present the following:

• (i) a signed copy of the Summons and Return; and

• (ii) proof of the overpayment including all original documents; and

• (iii) proof of the unpaid balance due;

• (iv) proof of the attempts to contact the client.

(m) A representative of FO-DFS/DFS-ORP shall testify on the Agency's actions and/or position.

(n) FO-DFS/DFS-ORP shall await the judgment awarded by the court and take the appropriate collection action when the defendant refuses to pay.

(o) All judgments shall be automatically reported to consumer credit agencies and shall affect the individual's credit rating.

049-1 Wyo. Code R. § 1-11