The board may do all of the following to recover moneys owed to the Restitution Fund:
(a) File a civil action against the liable person for the recovery of the amount of moneys owed. This action shall be filed within one year of either of the following events, or within three years of either of the following events if the liable person was overpaid benefits due to fraud, misrepresentation, or nondisclosure as described in paragraph (1) of subdivision (a) of Section 13965:
(1) The mailing or personal service of the notice of the moneys owed if the person affected does not file an appeal with the board or person designated by the board.
(2) The mailing of the decision of the board if the person affected does not initiate a further appeal.
(b) (1) Initiate proceedings for a summary judgment against the liable person. However, this subdivision shall apply only where the board has found, pursuant to Section 13965, that the overpayment may not be waived. The board may, not later than three years after the overpayment became final, file with the clerk of the proper court in the county from which the overpayment of benefits was paid or in the county in which the claimant resides, a certificate containing all of the following:
(A) The amount due, plus interest from the date that the initial determination of the moneys owed was made.
(B) A statement that the board has complied with all the provisions of this chapter prior to the filing of the certificate.
(C) A request that the judgment be entered against the liable person in the amount set forth in the certificate.
(2) The clerk, immediately upon the filing of the certificate, shall enter a judgment for the state against the liable person in the amount set forth in the certificate.
(Added by Stats. 2002, Ch. 1141, Sec. 2. Effective January 1, 2003.)
Last modified: October 25, 2018