MISSOURI INCOME TAX INTERCEPT – DEBT OFFSET NOTICE FAQ:

The Debt Offset Notice References “Overpayment.” Does That Mean I Am Getting A Refund? 

No, it does not mean you are getting a refund.  The term “Overpayment” means you overpaid the amount you owed in Missouri income tax for the tax filing year.  A portion or all of the “overpayment” that you anticipated to receive as a refund has been intercepted to partially or fully satisfy a debt for public defender services.

The box in the center of the Debt Offset Notice describes the debt.  The last box is labeled “Amount of Refund.”  The dollar amount of any refund would be in this box.  If the Amount of Refund box, indicates $0.00, you will not be receiving a refund.  If there is a dollar amount indicated in the box, the Missouri Department of Revenue will issue a refund of the amount to the taxpayer.

Aren’t Public Defender Services Free?

The Missouri State Public Defender System is required under Section 600.090 RSMo to charge a fee for services to persons represented by the Public Defender.  The fee was assessed at the conclusion of case representation by the public defender in accordance with the fee schedule set by the Public Defender Commission.

Are My Federal Income Taxes Also Subject To Intercept to Satisfy My Public Defender Fee?

No, your federal income tax refund is not subject to intercept to satisfy your public defender fee.

Missouri state income tax refunds and Missouri lottery winnings are subject to intercept to pay off outstanding public defender fees.

How Long Is A Public Defender Fee Subject to Involuntary Intercept? 

An outstanding public defender fee is subject to involuntary intercept of Missouri lottery winnings and Missouri income tax refund for 10 years following the conclusion of case representation by the Public Defender System.

What If I Disagree That I Owe The Fee?

You have 30 days from the date on your Debt Offset Notice to dispute the intercept.  The dispute must be in writing, contained the information requested in the Notice, and sent to the address noted in the Debt Offset Notice.

What Are The Reasons I Can Dispute An Involuntary Intercept?

You can dispute an involuntary intercept if 1) you were never represented by the Public Defender System; 2) you were represented but the wrong fee was assessed at the conclusion of case representation (case fee based on most serious case type charge); or 3) you are indigent (subject to financial hardship review).  Your level satisfaction with public defender services is not a valid dispute of an involuntary intercept.

What Are My Options For Paying the Remaining Balance?  Can I Setup A Payment Plan?

There is not a payment plan option.  To make a payment, a person can pay online at https://publicdefender.mo.gov/payments/ or send a check or money order to Missouri Public Defender; P.O. Box 10282; Columbia, MO 65205.  Please DO NOT SEND CASH.

Why Am I Being Charged For Services, I Hired A Private Attorney? 

If you asked the Public Defender to represent you and then later decided to hire a private attorney, you still owe the Public Defender fee.

Questions About Fees and Account Balances?

Please call 1-573-777-9944 if you have questions concerning public defender fees or client account balances.