The certification process provided for in Section
213.031 of the Texas Unemployment Compensation Act (TUCA) will be used
only in unusual circumstances as most collection activity is handled by
the assessment process. Possible reasons for certification to the Attorney
General are the discharge or dismissal of a bankruptcy with large amounts
due on statute quarters, or a suit filed against the Commission.
In the case of a bankruptcy discharge or dismissal, the Special Actions
Unit will begin the process by requesting a default notice to the employing
unit(s). After the default notice has been mailed, the Civil Action Unit
will set up the necessary records in the delinquency names/addresses screen,
and mark the records for appropriate usages.
If the due date of the default notice passes without remittance, the account
can be certified. Request appropriate certification warning letter (FL-39)
and letter to the Attorney General (FL-174) documents and the sworn statement
of employer account (Form C-25) using the certification C-25 request screen.
If specific quarters need to be included on the Form C-25, they should also
be keyed on this screen.
The documents will be produced and a Court Record will be established in
the next day's Tax run and the packet should be assembled and forwarded
to the Attorney General.
When the suit has been filed and the Attorney General has returned the
docket sheet, the appropriate information (suit filed date, cause number,
court number, etc.) should be keyed to the appropriate court record via
the court record maintenance screen.
When/if a judgment is received, follow the Recording Judgments Procedure.
When a suit is filed against the Commission and a certification document
form (C-25) is needed but a court record is not necessary, a "print
C-25 only" request can be made via the certification C-25 request screen,
or the C-25 can be hand scheduled. Send it to the Attorney General with
a cover letter and copies of the documents indicated in the letter.
After certifying the account in the above situation, add a comment to the
delinquency comments screen explaining the lawsuit.
