2018 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 4 - Miscellaneous Regulated Industries
Chapter 115 - Arkansas Scholarship Lottery Act
Subchapter 10 - Debtors Owing Money to the State
§ 23-115-1004. List of debtors -- Withholding winnings -- Ranking of liens

(a)

• (1) A claimant agency may submit to the Office of the Arkansas Lottery a list of the names of all debtors owing in excess of one hundred dollars ($100) to the claimant agency or to persons on whose behalf the claimant agency is acting.

• (2) The full amount of the debt is collectible from any prize without regard to limitations on the amounts that may be collectible in increments through garnishment or other proceedings.

• (3) The list shall constitute a valid lien upon and claim of lien against the prize of any debtor named in the list.

• (4) The list shall contain:

  • (A) The name of each debtor;

  • (B) The Social Security number of each debtor if available; and

  • (C) Any other information that would assist the office in identifying each debtor named in the list.

(b)

• (1) The office shall withhold any prizes subject to the lien created by this section and send notice to the winner by certified mail, return receipt requested, of the action and the reason the prizes were withheld.

• (2)

  • (A) However, if the winner appears and claims prizes in person, the office shall notify the winner at that time by hand delivery of the action.

  • (B) If the debtor does not protest the withholding of the prizes in writing within thirty (30) days of receipt of the notice, the office shall pay the prizes subject to the lien to the claimant agency.

  • (C) If the debtor protests the withholding of the prizes subject to the lien within thirty (30) days of receipt of the notice, the office shall:

    • (i) File an action in interpleader in the circuit court of the county where the debtor resides;

    • (ii) Pay the disputed sum into the registry of the circuit court; and

    • (iii) Give notice to the claimant agency and debtor of the initiation of the action.

(c) The liens created by this section are ranked by priority as follows:

• (1) Taxes due the state;

• (2) Delinquent child support; and

• (3) All other judgments and liens in order of the date entered or perfected.

(d) The office is not required to deduct claimed debts from prizes paid out by retailers or entities other than the office.

(e) Any list of debt provided under this section shall be provided periodically as the office shall provide by rule, and the office is not obligated to retain the lists or deduct debts appearing on the lists beyond the period determined by the rules.

(f) The office may prescribe forms and promulgate rules it deems necessary to implement this section.

(g) The office and any claimant agency shall incur no civil or criminal liability for good faith adherence to this section.

(h) The claimant agency shall pay the office for all costs incurred by the office in setting off debts in the manner provided in this subchapter.