16D.09 UNCOLLECTIBLE DEBTS.
Subdivision 1. Generally.
When a debt is determined by a state agency to be uncollectible,
the debt may be written off by the state agency from the state agency's financial accounting
records and no longer recognized as an account receivable for financial reporting purposes. A debt
is considered to be uncollectible when (1) all reasonable collection efforts have been exhausted,
(2) the cost of further collection action will exceed the amount recoverable, (3) the debt is
legally without merit or cannot be substantiated by evidence, (4) the debtor cannot be located,
(5) the available assets or income, current or anticipated, that may be available for payment
of the debt are insufficient, (6) the debt has been discharged in bankruptcy, (7) the applicable
statute of limitations for collection of the debt has expired, or (8) it is not in the public interest
to pursue collection of the debt. The determination of the uncollectibility of a debt must be
reported by the state agency along with the basis for that decision as part of its quarterly reports
to the commissioner of finance. Determining that the debt is uncollectible does not cancel the
legal obligation of the debtor to pay the debt.
Subd. 2.[Repealed, 2003 c 112 art 1 s 19
History: 1994 c 632 art 3 s 43; 1996 c 390 s 22; 1999 c 243 art 2 s 1; 2000 c 490 art 13
s 3; 2003 c 112 art 1 s 14