Chapter 1: Administrative Actions Unit |
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A default notice provides due notice to an employer that legal action will be taken unless arrangements
are made to liquidate the past due debt. Default Notices produce on accounts with a monetary
delinquency equal to or more than the preset departmental criteria .
A daily scheduled computer program that produces the Default Notice Input/Output Record and
the Certified Mail Log Numbers register.
The Input record for default notices is an account number order listing of default notices that
produce in the daily tax run. This record is helpful in determining if foreign default notices
(Canada) produced, as these require special handling and additional postage. Also, this record
can be perused to locate individual accounts with multiple names (husband and wife accounts)
and additional default notices can be issued to each for next day production.
Edit listing lists the accounts in which a default notice attempted to produce, but failed for
a variety of reasons. This listing provides the reason for the failure.
The default notice candidate list provides entity Types 02 and 06. These types of accounts usually
have more that one liable party and it is a requirement that each liable party be issued their
own default notice.
This log is a list of default notices by certified mail numbers for the post office. This list
will be returned to the mailroom with the "certified mail" default notices.
Default notices produce in this daily program. The employer is mailed a copy of their default
notice and a copy is archived by TWC.
Day 21 of ACAPdefault notices produce automatically on Day 21 of ACAP and are addressed
to the address of the Employer Master File screen or to any active Name/Address marked for default
notice.
Keyed default noticesany examiner authorized may key a default notice for next day production.
RACF Authorization for the following screens is necessary.
State Office Default Notice
Field Default Notice
The Statement of Account screen shows that a default notice was issued and it reflects the following:
date, address, balance and quarters.
The Delinquency Names/Addresses screen marks the name and address to which the default notice(s)
were sent.
The Delinquency Action History screen is the action history screen and shows the date and the
amount of the default notice.
All liable parties must be provided due notice of impending action.
Send default notice to the owner/spouse at the address of record.
If there is a spouse listed, treat the same as a partnership and issue a default notice to both.
Each partner is individually and jointly liable for the entire indebtedness of the account.
A default notice must be sent to the Partnership at the address of record on the Master Record
screen and to each partner at their residence, if available, or to the address of record on the
Master Record.
Review Status Report (C-1) for list of partners.
If C-1 is marked as a Partnership but only one partner is listed, a field assignment should
be made requesting the information.
Review the Delinquency Names/Addresses to insure that there are not any existing address IIDs
for partners/partnership that are inactive that may be used.
If there are existing address IIDs for partner(s) that are inactive, activate the appropriate
address IID(s) and place an "X" in front of DFLT NTC in the use section on the Delinquency
Names/Address Update Screen.
Key default notice(s) on the State Office Default Notice Request Screen for address of record.
(Blank transaction type)
A default notice will produce for each active IID marked for default notice.
If there are no appropriate IIDs for the partnership/partners on the Delinquency Names/Addresses
screen, key default notices on State Office Default Notice Request screen using Transaction Type
1 (name and address only).
A default notice will produce for each one requested.
Inactivate any and all active IIDs that are incorrect.
If a default notice is needed because other appropriate parties have not been notified, there
is more than one active IID marked for a default notice, inactivate the IID(s) you do not want
default notices sent to and request a default notice via State Office Default Notice screen using
the "Blank Transaction Type".
The following day, activate the appropriate IIDs (marked for default notice) that were inactivated
so all the liable parties will receive a default notice the next time the account goes through
the ACAP process.
The styling of the default notices should look similar to the samples below:
John Smith and
David Doe
Business Name
Address
City, State Zip +4
John Smith
Business Name
Address
City, State Zip + 4
David Doe
Business Name
Address
City, State Zip+4
Default notice is issued to the corporation at the address of record.
Review the styling on the C-1 and compare with the Secretary of State styling. If the styling
on the SOS is different from the C-1, use the styling of the SOS with the C-1 styling as the dba.
List assumed names as dba and recent name changes as "formerly known as".
Style the default notice similar to the examples below:
ABC Products Co., Inc.
dba (if different from corporate name)
P.O. Box 123
Houston, TX 77000-0123
or
ABC Products, Inc.
dba (if different from corporate name)
P.O. Box 123
Houston, TX 77000-0123
Default notices are issued to the Partnership at address of record and all General Partners to
address as listed on Secretary of State only.
- Review the C-1 for listing of General Partners.
- Review Secretary of State for listing of General Partners.
- Review S.O.S. for styling.
DO NOT send default notices to Limited Partners.
Follow the same procedures for keying default notices as General Partnerships.
Styling should look similar to the examples below: (Name must contain the words "Limited
Partnership" or "Limited" or the abbreviation "L.P." or "LTD." as
the last words or letters of the name.
Whatever, Ltd., A Limited Partnership
DBA Whoever Apartments, and
John Smith, General Partner
1234 Main St
Anywhere, TX 12345
Whatever, Ltd., A Limited Partnership
DBA Whoever Apartments
1234 Main St
Anywhere TX 12345
John Smith, General Partner of
Whatever, Ltd., A Limited
Partnership, DBA
Whoever Apartments
1234 Main St
Anywhere, TX 12345
Default notice is issued to both the partnership and each general partner.
- Review C-1 for partnership styling.
- Review Secretary of State records for the correct partnership name and a list of general partners.
The partnership name must contain the words "Registered Limited Liability Partnership" or
the abbreviation "L.L.P." as the last words or letters of its name.
Style the default notices similar to the examples below:
Mickey, Pluto & Donald, L.L.P.,
A Limited Liability Partnership
123 Disney Ave
Austin, TX 78701-1234
Mickey, Pluto & Donald, L.L.P.,
A Limited Liability Partnership, and
John Smith, General Partner
123 Disney Ave
Austin, TX 78701-1234
John Smith, General Partner of
Mickey, Pluto & Donald, L.L.P.,
A Limited Liability Partnership
123 Disney Ave
Austin, TX 78701-1234
- Default notice is issued to both the partnership and each general partner.
- Review C-1 for styling.
- Review Secretary of State records for the correct partnership name and a list of general partners.
- Style the same as a limited partnership except, include the words "Registered Limited Liability
Limited Partnership".
XYZ Business, Ltd.,
A Registered Limited Liability Limited Partnership
123 Street
Somewhere, TX 78733
XYZ Business, Ltd, A Registered Limited
Liability Limited Partnership, and
John Smith, General Partner
123 Street
Somewhere, TX 78733
John Smith, General Partner of
XYZ Business, Ltd., A Registered Limited
Liability Limited Partnership
456 Boulevard
Elsewhere, TX 77777
- Default notice is issued to the Limited Liability Company and not against the members
or owners.
- The name must include "Limited Liability Company", "Limited Company", "LLC",
or "LC". Limited may be abbreviated "Ltd." and Company may be abbreviated "Co.".
1. Review the C-1 and Secretary of State for correct name.
- Style the default notice similar to the example below:
Anybody LLC,
A Limited Liability Company
1234 Main St
Anywhere, TX 78778-1234
- Default notice is issued to the Professional Limited Liability Company.
1. LLC is formed only by professionals to provide a professional service.
- The company name must contain the words, "Professional Limited Liability Company" or
the abbreviation "PLLC".
1. Review the C-1 and Secretary of State for the appropriate name styling.
- Style the default notice similar to the example below:
XYZ, PLLC,
A Professional Limited Liability Company
1234 Avenue
Anywhere, TX 78333
- Default notice is issued to the Professional Association.
- Review the C-1 for name.
- Review Secretary of State if the name appears incomplete on the C-1.
- The name must be followed by "Associated", "Association", "Professional
Association", and "Associates", Assoc." or "P.A.".
- Style the default notice similar to the example shown below:
John Smith and Associates,
A Professional Association
567 Avenue A
Somewhere, TX 75100-1234
Whenever an employer is deceased and we can verify that they are indeed deceased, the account
may be changed to the "Estate of".
Style the default notice similar to the example shown below:
The Estate of Elvis Presley
1234 All Shook Up
Nashville, TN
A joint venture, or joint adventure, is but another name for a special partnership. It might be
distinguished from a general partnership in that the latter is formed for the transaction of a
general business, while a joint venture is usually limited to single transaction. That is, a joint
venture is a special combination of persons in the nature of a partnership engaged in a particular
transaction for mutual benefit or profit.
Style the default notices similar to the examples shown below:
| ABCD Company |
EFGH Company
Summer JV |
ABCD Company and Summer JV EFGH Company |
|
|
Summer JV |
| 1111 Apple |
2222 Orange |
3333 Banana |
| Austin, TX 78700 |
Austin, TX 78711 |
Austin, TX 78722 |
Under the language of the TUCA, the "Trust" is the employing unit.
Style the default notice similar to the example shown below:
HIJK Trust
4444 Kiwi
Austin, TX 78733
When reviewing accounts, AAU examiners determine that additional default notice(s) are feasible
and key for next day production.
- Blank: Name/Addr of Record
This Transaction Type Selection generates a default notice for any address IID that is active and
marked for a default notice. If there is not an IID marked for a default notice, a default notice
will produce from the address of record on the Master Record Screen. Review the delinquency names/addresses
to inactivate any IID that is "Active" and marked (X) Default Notices or if a names/addresses
has"Default Notice" listed for use but does not have an "X" in front of it,
this use may be removed by using the change delinquency names/addresses screen.
- Type 1: Screen Name/Addr Only
This Transaction Type Selection generates a default notice to the entity/person at the address
entered on the screen and the entered information is automatically transferred to the Delinquency
Name/Address File . If this specific IID is active, a default notice will automatically generate
the next time this account goes through the ACAP sequence.
It is important to review the the delinquency names/addresses screen to insure an IID will not
be duplicated by your request. Failure to do so may duplicate an existing IID file and waste computer
space.
- Type 2: Supplemental Addressee
This Transaction Type Selection should only be used if you intend to send an additional default
notice to an entity/person other than those marked for default notices in the names/addresses files.
Default notices are generated on both your entry and any IID files marked for a default notice
in the names/addresses file. See "BLANK" above for instructions.
- Type 9: Delete
Deletes default notices keyed on the specified employer account number on that same day.
Prevents default notices from being keyed on the specified employer account number that same
day.
The employers account number will appear on the following days Edit List.
- Blank is the standard default notice
- "02" Generates a default notice citing Section 213.031 (civil or assessment action)
only.
- "03" Requested for reimbursing accounts. Generates a default notice similar to the
standard default notice citing Section 213.031 and 213.057 with the exception that charges are
labeled "Reimbursement" instead of "Tax".
- "05" Generates a default notice requesting past due reports only.
- "06" The letter requests past due reports from out-of-state (Tax Area 13) employers.
- "07" The letter requests past due reports and monies due from out-of-state (Tax Area
13) employers. It also inquires as to closing information.
- If a standard "Pay by Date" of 11 (eleven) days is desired, leave this line blank.
- To change the "Pay by Date", shorter or longer.
- Fill in the month, day and year. Note the default notice will edit if the entry is less than
five (5) days from when the default notice is produced.
- If the "Pay by Date" falls on a weekend or holiday, lengthen the date so it falls on
a workday.
- Blank
- The default notice is sent certified mail.
- Entering a 1 (one).
- The default notice is sent regular mail.
ONLY SEND A FIELDASSIGNMENT IF THE BALANCE MEETS ASSESSMENT CRITERIA
IF THE ACCOUNT DOES NOT MEET ASSESSMENT CRITERIA:
- Place comments on Entity Comment screen
Default Notice of (date), address IID was returned (appropriate response)
- Send default notice and envelope to be archived.
- Inactivate any bad addresses.
MOVED LEFT NO ADDRESS (MLNA)
ATTEMPTED NOT KNOWN (ANK)
INSUFFICIENT ADDRESS (ISA)
ADDRESS NOT KNOWN (ANK)
NOT DELIVERABLE AS ADDRESSED (NDAA)
MOVED, FORWARDING ORDER EXPIRED (FOE)
ACCOUNT MEETS ASSESSMENT CRITERIA
- Place comments on Entity Comment screen
Default Notice of (date), address IID was returned (appropriate response) and (include new forwarding
address if given).
- Inactivate the address IID of bad address returns.
- If the returned envelope has a forwarding address do not send an assignment when the address
of record has already been corrected.
- Assignment should read:
The default notice of (date, address IID) was returned by the post office for (the reason listed
on the envelope). The account is being processed through the ACAP system and collection action
may become necessary unless a reason exists for keying a Stop.
Please investigate this account for a possible address change. Verify and correct if appropriate.
If assessment action becomes necessary,
an appropriate address for service must be furnished by placing a comment on FTC screen if different
than address on STS screen.
Do not reply to this assignment.
MANUALLY TYPED DEFAULT NOTICES FROM C. A. U.
Manually typed default notices from the Civil Actions Unit should be placed in their in box.
BANKRUPTCY DEFAULT NOTICES
Work returned default notices the same EXCEPT:
Send only returned default notices with bad addresses or forwarding addresses to S.A.U. when there
is post-petition debt and the bankruptcy is still open and a default notice was previously sent to
the forwarding address.
Last Revision:
October 24, 2007