When referring to revenue recapture, the Statute of Limitations (SOL) is the length of time an agency may use the revenue recapture process to offset refunds and pay debts. Once the SOL expires, you must cancel the recapture claim.
State law governs most debt collection and sets the SOL to six years from the date of debt. (See Minnesota Statute 541.05.)
Some situations change the SOL for a debt. These include:
- Agency-specific statutes based on the debt type collected. For example, child support arrearage and restitution debts do not expire. If your agency governs under a statute that allows a longer SOL, contact the Revenue Recapture Program with this information.
- Filing judgments before the SOL has expired. This allows revenue recapture until the debt is paid.
- Voluntary payments or a signed waiver before the SOL has expired. This restarts the SOL.
Revenue requires agencies to add the SOL date on any new claim and when editing an existing claim without one. We close expired claims and notify the agency within 60 days.
Agencies must verify claims before they expire and remove expired claims. If an agency fails to remove claims before expiration, we may suspend them from using Revenue Recapture.
Key Statute of Limitations Dates:
| Date claim was entered |
Important information |
|---|
| Prior to December 12, 2018 |
- Date of Debt and SOL were not a required field
- Agencies used plus and minus to increase or decrease claims
- Electronic claims could be submitted for less than $25
- Agencies monitored and removed claims prior to expiration
- A unique control number up to nine characters long was required for each claim
|
| After December 12, 2018 |
- Date of Debt is a required field and cannot be edited
- SOL is a required field and is editable
- If a claim entered prior to December 12, 2018, is edited, an SOL is now required
- Agencies must enter the current balance of the claim
- Electronic claims must be $25 or greater
- A unique control number up to 18 characters long is required for each claim
- Claims are zeroed out and a hold added one day prior to expiration
- The hold will cease and the case will close after 90 days
- Agencies must review and close their claims without SOLs prior to expiration
- Agencies must verify the claims with SOLs automatically close
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