See Rule 515, Note. difference between cilia and pili. Federal law requires the state to attempt to recover the long-term care benefits from a Medicaid recipient's estate after the recipient's death. Subdivision A of this rule is intended to make clear that the magisterial district judge shall not enter a default judgment in a possessory action, including a judgment for money only. 2199; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. (a)the term for which the property was leased or rented is fully ended, or, (b)a forfeiture has resulted by reason of a breach of the conditions of the lease, or. Delaware County, presently consisting of over 184 square miles divided into forty-nine . 1893 and 1900; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. C.A money judgment may be rendered for the tenant on a cross-complaint filed by the tenant if the amount found due thereon exceeds any amount found due the landlord on the landlords complaint. In theory, co-owners can make compensatory claims all the way back to the start of the joint ownership period. 250.513, established a 10-day appeal period from a judgment for possession of real estate arising out of a residential lease. If you, and all occupants of this property not authorized by the owner to be present thereon, do not vacate this property within 10 days after the date of this notice, the law authorizes me to use such force as may be necessary to enter upon the property by the breaking in of any door or otherwise, and to eject you and all unauthorized occupants. Substance Abuse and Recovery Task Force; Delco Alert; About Delaware County. the whole or part of the real property possession of which is sought to be recov-ered is located. Hope this helps. The provisions of this Rule 511 amended April 25, 1979, effective May 25, 1979, 9 Pa.B. 2266; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. Probate is a legal process that administers the distribution of a deceased person's assets. The officer receiving the copy shall serve it by handing it to the landlord or to an adult person in charge for the time being of the landlords residence or usual place of business. 4502; amended October 20, 2021, effective January 1, 2022, 51 Pa.B. B. Ct. App. 1950). After seeking public comment and additional feedback on the modified rules, the Supreme Court recently announced it is modifying the . (3)Victim of domestic violence means a person who has obtained a protection from abuse order against another individual or can provide other evidence of abuse. Current through Register Vol. 1700-1, which states that [n]o tenant shall be evicted for any reason whatsoever while rent is deposited in escrow because the dwelling in question has been certified as unfit for human habitation by the appropriate city or county agency. The provisions of this Rule 506 adopted October 15, 1969, effective January 1, 1970; amended July 8, 1975, effective immediately; amended October 17, 1975, effective in 90 days; amended January 29, 1976, effective in 30 days; amended April 25, 1979, effective in 30 days; amended June 30, 1982, effective 30 days after July 17, 1982; amended July 16, 2001, effective August 1, 2001; amended January 6, 2005, effective January 29, 2005; amended June 2, 2008, effective June 9, 2008; amended December 20, 2013, effective February 20, 2014, 44 Pa.B. D.The magisterial district court shall enter the domestic violence affidavit on the docket of the residential lease action. 1893 and 1900; amended March 15, 1994, effective upon publication, 24 Pa.B. 53, 42 P.S. 250.301) and to defalcate (307 of the Act, 68 P.S. In California, joint owners to real property may file a lawsuit seeking to have their joint interest in the property partitioned. 4491. If the tenant declares in writing, on oath or affirmation, that the title to the real property is disputed and claimed by some named person other than the landlord by virtue of a right or title accruing by descent from or deed or will of the landlord since the commencement of the lease, and if that person, whether or not appearing before the magisterial district judge, also declares in writing, on oath or affirmation, a true belief of entitlement to the real property, the magisterial district judge shall stay the proceedings, provided the person claiming title files in the court of common pleas of the county in which the real property is located a bond, satisfactory to that court, conditioned upon prosecuting the claim in the court of common pleas. Pa.R.A.P. Immediately preceding text appears at serial pages (403578) to (403579). A. Act 47 Program Page; Strategic Management Planning Program; Local Tax Info. 4904 relating to unsworn falsification to authorities. 206 sets forth those costs recoverable by the prevailing party. Subdivision A of this rule requires that the landlord appear and give testimony to prove the complaint before the magisterial district judge can enter judgment against the tenant, even when the tenant fails to appear for the hearing. 4491. See Rule 514A and Note. 4491. All Acts of Assembly or parts thereof inconsistent with the rules governing practice and procedure in actions before magisterial district judges for the recovery of possession of real property are suspended to the extent of such inconsistency. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. If the tenant does not file a domestic violence affidavit with the magisterial district court within 21 days following the date of entry of judgment, the tenant is at risk of eviction. 293 (1929). 2266. Providing housing. The stay will terminate as of the filing of an appeal with the prothonotary pursuant to Rule 1002, 30 days after the date of entry of the judgment, or by order of the court of common pleas, whichever is earlier. (c)rent reserved and due has, upon demand, remained unsatisfied. (4)notice that unless the judgment is entered in the court of common pleas anyone interested in the judgment may file a request for entry of satisfaction with the magisterial district judge if the debtor pays in full, settles, or otherwise complies with the judgment. 6882; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. (1)Judgment shall be given at the conclusion of the hearing or within three days thereafter. A party seeking reconsideration of a determination of abandonment made concurrent with a judgment for possession must file the statement of objection in addition to the notice of appeal. Setting the Date for Hearing; Delivery for Service. 461 (1860). (5)That notice to remove was given to the tenant in accordance with law, or that no notice was required under the terms of the lease. Nos. The order for possession was successfully served July 6, documents show. C.The complaint shall be signed by the landlord or landlords agent and verified as follows: The facts set forth in this complaint are true and correct to the best of my knowledge, information and belief. Additional service attempts by the sheriff or constable may result in additional fees. 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. In subdivision B(8) the landlord is permitted to claim, in addition to the specific amount of rent due and unpaid at the date of filing, whatever unspecified amount of rent will remain due and unpaid at the date of the hearing. 1st Dist. (2)If an order for possession is issued and subsequently superseded by an appeal, writ of certiorari, supersedeas, or a stay pursuant to a bankruptcy proceeding or other federal or state law or Rule 514.1C, and, (a)the appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated; or, (b)the bankruptcy or other stay is lifted; and. July 19th, 2021. Subdivision B of this rule is the same as Rule 321 of the civil action rules. If, on or after the 11th day following the service of the order for possession in cases arising out of a residential lease, the tenant or any unauthorized occupant remains on the real property, the officer executing the order for possession shall use such force as may be necessary to enter upon the property, by the breaking in of any door or otherwise, and to eject the tenant and any unauthorized occupant and shall deliver possession of the real property to the landlord or the landlords agent. what is a recovery of real property hearing pa. edward said definition of orientalism . 3337. 598 (1913). The numbering and filing of complaints shall be in accordance with Rule 306. 20002(a). 3901 et seq. See Rule 217. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. See also 42 Pa.C.S. Truth be told, she'd like to move. The provisions of this Rule 518 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. Subdivision C of this rule provides for a money judgment for the tenant if the tenant prevails in a greater amount on the tenants cross-complaint. I live in Cumbetnd County Pa. Lawyer's Assistant: What state is the property located in? If the tenant is a victim of domestic violence, he or she may file a domestic violence affidavit to stay the execution of the order for possession until the tenant files an appeal with the prothonotary pursuant to Rule 1002, 30 days after the date of entry of the judgment, or by order of the court of common pleas, whichever is earlier. 6080; amended June 1, 2006, effective October 1, 2006, 36 Pa.B. (3)The time and date of any forcible entry and ejectment, or that no entry for the purpose of ejectment had to be made. Actions to recover possession of real estate may be brought in the courts of common pleas or in magisterial court. Mail service need not be by certified or registered mail. Rule 504 - Setting the Date for Hearing; Delivery for Service. The time limits in which the landlord must request an order for possession imposed in subdivision B apply only in cases arising out of residential leases and in no way affect the landlords ability to execute on the money judgment. Tenant Landlord Rights Responsibilities Manual August 2013 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. The provisions of this Rule 508 amended through April 25, 1979, effective May 25, 1979, 9 Pa.B. At the time the landlord files the request for an order for possession, the magisterial district court should collect server fees for all actions through delivery of possession. Amended July 30, 1982, effective 30 days after July 17, 1982; March 28, 1996, effective March 29, 1996. enjoy the land " no . 4663. 4491. As in the other rules of civil procedure for magisterial district judges, the complaint will be on a printed form. 4491. As to subdivision E(3), see Rule 402D and Note. 3337. Below is a comparison between our most recent version and the prior quarterly release. The various issues that the magisterial district judge must determine at the hearing include: whether notice to quit was given to the tenant in accordance with law or that no notice was required under the terms of the lease; the amount or rent due, if any; damages to the leasehold premises, if any; the amount found to constitute the monthly rental; and, the amount of the security deposit held by the landlord, if any. As to subdivision A of this rule, see Rule 504, Note. 2252; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. The appearance of a tenant in person or by representative or the filing of a claim in the case shall be deemed a waiver of any defect in service but not a waiver of a defect in venue. The Code of Civil Procedure gives the trial court jurisdiction to resolve claims for compensatory adjustments after completion of the sale of the real property. If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. Gone are the days of relying on outdated tools like chalkboards and paper attendance sheets. The magisterial district judge, at the time the complaint is filed, shall: (1)Set a hearing date that shall be not less than seven or more than fifteen days from the date the complaint is filed. As to claiming damages for injury to property, compare Pa.R.C.P. The officer receiving the copy shall serve it by handing it to the tenant or to an adult person in charge for the time being of the premises possession of which is sought to be recovered or, if none of the above is found, by posting it conspicuously on those premises. (1)Except as otherwise provided in subdivision B(2), if the magisterial district judge has rendered a judgment arising out of a residential lease that the real property be delivered up to the landlord, the landlord may after the 10th day but within 120 days following the date of the entry of the judgment, file with the magisterial district judge a request for an order for possession. escheat. 2266; amended March 28, 1996, effective March 29, 1996, 26 Pa.B. Compare Pa. R.C.P. The landlord shall appear and give testimony to prove the complaint even when the tenant fails to appear for the hearing. B. This information includes the property's recovery class, placed in service date, and basis, as well as the applicable recovery period, convention . 250.503(a). However, upon the filing of an appeal pursuant to Rule 1002, the stay is lifted, and the supersedeas requirements of Rule 1008 shall apply. Notice of Preliminary Objections: Pa. R. C. P. 1028 (c) & Del. 2nd Dist. The Division of Medicaid claim figure is incorrect. See Rule 516, Note, and Rule 521A. Thereafter, if the order for possession is satisfied 48 hours or more prior to a scheduled delivery of possession, a portion of the server costs may be refundable. The provisions of this Rule 502 amended June 30, 1982, effective August 16, 1982, 12 Pa.B. A. Credits include expenditures in excess of the co-tenants fractional share for necessary repairs, improvements that enhance the value of the property, taxes, payments of principal and interest on mortgages, and other liens, insurance for the common benefit, and protection and preservation of title.. During probate, the court will determine whether the will is valid. Mi cuenta; Carrito; Finalizar compra Bring coies of your check and any receipts you . A landlord may not change the locks without a court order. 261, added by Section 2 of the Act of October 24, 2012, P.L. 1499; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. If, after the arbitration, the prothonotary enters an award for possession on the docket in favor of the landlord and the tenant fails to maintain the supersedeas required by Rule 1008 prior to the prothonotary entering judgment on the award, then the landlord may terminate the supersedeas pursuant to Rule 1008B and request an order of possession from the magisterial district judge pursuant to Rule 515. Re: Recovery of Real Property Hearing Notice. On March 15, she's due before District Judge Ralph Kaiser for a Recovery of Real Property Hearing. As used in this chapter: (1) ''Action'' means an action by a landlord against a tenant for the recovery of possession of real property brought before a magisterial district judge. See Rule 1002B(2); see also 68 P.S. The Real Estate Recovery Fund is a fund established by the Real Estate Licensing and Registration Act to provide reimbursement to persons who are victims of fraud, misrepresentation, or deceit committed by real estate licensees during the course of any transaction for which a license is required. 156, 2, 68 P.S. As stated by the Court in Southern Adjustment Bureau v. Nelson, 230 Cal.app.2d 539, 541 (Cal. The request shall include a statement of the judgment amount, return, and all other matters required by these rules. E.The written notice of judgment or dismissal shall contain: (1)notice of the right of the parties to appeal, the time within which the appeal must be taken, and that the appeal is to the court of common pleas; (2)notice that a tenant in a residential lease action who is a victim of domestic violence may appeal the judgment within 30 days of the date of entry of judgment, as well as filing instructions for asserting such an appeal; (3)notice that, except as otherwise provided in the rules, if the judgment holder elects to enter the judgment in the court of common pleas, all further process must come from the court of common pleas and no further process may be issued by the magisterial district judge; and. Partition actions follow an unusual procedure in that the court conducts an initial trial to determine whether the plaintiff has a right to partition the real property. The magisterial district judge shall mail a copy of the order for possession to the tenant by first class mail and shall deliver a copy of it for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated. Pennsylvania Code, Title 246 - MINOR COURT CIVIL RULES, Part I - GENERAL, Chapter 500 - ACTIONS FOR THE RECOVERY OF POSSESSION OF REAL PROPERTY, Rule 501 - Definition. A. Real property includes the physical property of the real estate, but it expands its definition to . The magisterial district judge shall serve the complaint by mailing a copy of it to the tenants last known address by first class mail and noting on the docket the date of such mailing, and by delivering a copy of it for service to the sheriff of, or any certified constable in, the county in which the office of the magisterial district judge is situated. Requirements for Waiver of Claim on Real Property Designated as a . changes effective through 52 Pa.B. The magisterial district judge shall not enter a default judgment in a possessory action, including a judgment for money only. However, equitable principles of laches can apply to these claims. If your property has been damaged, please call 1-800-856-3333 for assistance. 2266; amended July 16, 2001, effective August 1, 2001, 31 Pa.B. . See also 572 of the Act, added by Act of May 3, 1968, P.L. 1691; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. On site energy audits are conducted to assess conditions in homes and to identify the most cost-effective energy saving measures to be installed. 2266. Code of Civil Procedure section 872.810, et seq. 250.501. I received a recovery of real property notice. It seems appropriate to leave the matter of evidencing or pleading such a certification or lack thereof to local court of common pleas rules. And has anyone consulted a local attorney about this? John Davidson Law Office of John A. Davidson. The provisions for Rule 514.1 adopted on August 19, 2020, effective January 1, 2021, 50 Pa.B. Rancho Cucamonga, CA 91730, 2022 Law Offices of Matthew L. Taylor -, Recovery of Real Property Expenses in a Property Partition Case. Amendments other than those as to form shall constitute grounds for a continuance. 4904, relating to unsworn falsification to authorities. A judgment against you for possession may result in YOUR EVICTION from the premises. E.Any party aggrieved by a determination made by a magisterial district judge under this rule may obtain a reconsideration thereof in the court of common pleas by filing a statement of objection to the determination pursuant to Rule 1016 with the prothonotary and with the magisterial district judge in whose office the determination was made. See Recovery of Real Property Hearing Notice, No. How a Landlord Lawfully Recovers Possession Of Real Estate. The provisions of this Rule 514 amended April 25, 1979, effective in 30 days; June 30, 1982, effective 30 days after July 17, 1982; amended through December 16, 1983, effective December 1, 1983, 13 Pa.B. 250.513. A. As to the notice to quit requirement, see Section 501 of the Landlord and Tenant Act of 1951, 68 P.S. lease . Project management software for education is a digital solution designed to streamline the management of various aspects of a school, including contact management, data management, budget management, staff management, and more. A. Alzheimer's disease is one of the main culprits. what is a recovery of real property hearing papalestine in the time of jesus powerpoint. 3901 et seq. Code of Civil Procedure section 872.210. Immediately preceding text appears at serial pages (401711) to (401712). There are limited circumstances when application of the security deposit to offset a monetary judgment is appropriate, such as when the tenant has already left the property, the landlord has had the opportunity to inspect the property, both parties have appeared before the magisterial district judge, and the parties agree that the security deposit should be used to offset the judgment. 2955; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. If the tenant declares in writing, on oath or affirmation, that the real property is held and claimed by the tenant as a joint tenant or tenant in common with the landlord and that the tenant truly believes that the real property so held does not exceed in quantity or value the just proportion of the tenants share as a joint tenant or tenant in common, the magisterial district judge shall stay the proceedings, provided the tenant files in the court of common pleas of the county in which the real property is located a bond, satisfactory to that court, conditioned upon prosecuting the claim in the court of common pleas. Subdivision C contains provisions for service of the cross-complaint. Immediately preceding text appears at serial page (386615). This Section provides, inter alia, that no tenant shall be evicted for any reason while rent is deposited in escrow because the dwelling in question has been certified as unfit for human habitation. Pa.R.C.P.M.D.J. Case results depicted are not a prediction or guarantee of potential case outcomes. Recovery Of Real Property Hearing Notice Pennsylvania Get link; Facebook; Twitter; Pinterest; Email; Other Apps; May 29, 2021 Recovery Of Real Property Hearing Notice Pennsylvania . The following Acts of Assembly are suspended insofar as they are inconsistent with the foregoing rules: (1)Act of July 6, 1995, amending the Act of April 6, 1951, (P. L. 69, No. 250.302. A number of trespass actions are also detailed in the Landlord and Tenant Act of 1951 (see 311313, 68 P.S. The provisions of this Rule 512 amended June 30, 1982, effective 30 days after July 17, 1982; amended November 25, 2002, effective July 1, 2003, 32 Pa.B. Immediately preceding text appears at serial pages (401706) to (401707). See Rule 515, Note. 2207; amended April 17, 2020, effective September 1, 2020, 50 Pa.B. C.In a case arising out of a residential lease, a request for reissuance of an order for possession may be filed only within 120 days of the date of the entry of the judgment or, in a case in which the order for possession is issued and subsequently superseded by an appeal, writ of certiorari, supersedeas, or a stay pursuant to a bankruptcy proceeding or other federal or state law or Rule 514.1C, only within 120 days of the date the appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated or the bankruptcy or other stay is lifted. No posting of money or bond is required to obtain a stay with the filing of a domestic violence affidavit; however, upon the filing of an appeal pursuant to Rule 1002, the stay is lifted, and the supersedeas requirements of Rule 1008 shall apply. A. Immediately preceding text appears at serial page (281660). The following Acts of Assembly shall not be deemed suspended or affected: Section 1 of the Act of January 24, 1966, P. L. (1965) 1534, as last amended by 2, Act of June 11, 1968, P. L. 159, No. 20), known as Act 33 of 1995; (2)Act of July 6, 1995, amending the Act of April 6, 1951, (P. L. 69, No. If the court determines that there is a right to partition the property, the court enters an interlocutory judgment for partition. The landlord may authorize the sheriff or constable to make additional attempts to effectuate personal service upon the tenant so the landlord can later prove such service if attempting to garnish wages under Pa.R.C.P. Note, however, that under the case of Gerontopoulos v. Gerontopoulos, 20 Cal.App.2d 261 (1937), the Court is not required in a partition action to compensate for the ordinary type of repairs and improvements during the sole tenancy of one owner. 1986). Recovery of Real Property Hearing 10/18/2021 2:15 pm Magisterial District Judge Elizabeth McHugh Casey Scheduled CASE PARTICIPANTS Participant Type Participant Name Address Defendant Akers, Sheree Cheltenham, PA 19012 Plaintiff Clark, John Sr. North Wales, PA 19454 Plaintiff Clark, Jill North Wales, PA 19454 DISPOSITION SUMMARY The provisions of this Rule 504 amended October 17, 1975, effective in 90 days; amended June 30, 1982, effective August 16, 1982, 12 Pa.B. The domestic violence affidavit set forth in subdivision B shall contain the name of the tenant who is a victim of domestic violence, the name of the perpetrator, the perpetrators relationship to the tenant who is a victim of domestic violence, and the docket number for any protection from abuse case involving the tenant who is a victim of domestic violence and the perpetrator. coppell city council members. Immediately preceding text appears at serial page (370073). If this service is not available to the magisterial district judge, service may be made by any certified constable of the Commonwealth. 1 Answer from Attorneys. Forcible Entry and Delivery of Possession. NOTICE OF HEARING ON PETITION TO DETERMINE CLAIM TO PROPERTY. No action challenging the domestic violence affidavit on any grounds shall be filed in the magisterial district court. Combs v. Ritter, 100 Cal.App.2d 315 (1950). The 1995 amendment to section 513 of The Landlord and Tenant Act of 1951, 68 P.S. The Pennsylvania Code website reflects the Pennsylvania Code
The action shall be commenced by the filing of a complaint. 8127. If the claim is not prosecuted in accordance with the conditions of the bond, the bond shall be forfeited to the landlord and the magisterial district judge shall proceed to judgment. 1499; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. See also Section 503(a) of the Landlord and Tenant Act of 1951, 68 P.S. The action shall be commenced by the filing of a complaint. A. 4491. Immediately preceding text appears at serial page (370076). 2266; amended March 27, 1992, effective 90 days from the date on which the Order is signed, 22 Pa.B. (2)Complaint shall include, where applicable, the attached and completed Recovery of Real Property Hearing Notice form. [As used in this chapter, ''complaint'' shall include, where applicable, the attached and completed Recovery of Real Property Hearing Notice form.] C.The tenants cross-complaint shall be served on the landlord at least five days before the hearing. (7)That the tenant retains the real property and refuses to give up possession of the property. 6882; rescinded September 3, 2003, effective January 1, 2004, 33 Pa.B. The affidavit shall be made in writing on a form prescribed by the State Court Administrator. Ct. App. 06-23-2013, 07:59 AM. Real property taxes and mortgage deed payments are generally recoverable expenses in a partition action. For Medicaid recipients age 55 or older, states must seek recovery of . Lawyer's Assistant: So you've raised the issue with them. 4491 and 4502; amended December 4, 2020, effective January 1, 2021, 50 Pa.B. Goodenow v. Ewe, 16 Cal. Official Note: Since only recovery of possession of real property and incidental matters are involved, the reason for the restriction on venue in subdivision A is obvious. As to notice to remove, the form will simply state that such a notice, when required, was given to the tenant in accordance with law. D.A written request for reissuance of the order for possession, filed after an appeal, writ of certiorari, or supersedeas is stricken, dismissed, or otherwise terminated, or a bankruptcy or other stay is lifted, must be accompanied by a copy of the court order or other documentation striking, dismissing, or terminating the appeal, writ of certiorari, or supersedeas, or lifting the bankruptcy or other stay. See, McWhorter v. McWhorter, 99 Cal.App. The order for possession deals only with delivery of possession of real property and not with a levy for money damages. The magisterial district judge shall note on the docket the date that a service copy of the complaint was mailed to the tenant, and the sheriff or constable serving a copy of the complaint shall, at or before the time of the hearing, make proof of service on the form provided, which shall show the manner of service and the day, hour, and place thereof. Subdivision E(2) reflects that the appeal period for a victim of domestic violence in a case arising out of a residential lease is 30 days. (c)the landlord wishes to proceed with the order for possession, the landlord must file with the magisterial district judge a written request for reissuance of the order for possession in accordance with subdivision B(1). 2207; amended August 19, 2020, effective January 1, 2021, 50 Pa.B. 250.513. 3311. When the landlord fails to appear at the hearing, the magisterial district judge may continue the hearing for cause or dismiss the complaint without prejudice. B. Akley v. Bassett, 189 Cal. The Law Revision Commission comments to this section specify that its intent is to allow courts to make adjustments among the owners for such items as common improvements, unaccounted rents and profits, and other matters for which contribution may be required.. Mercola v. Chester, 97 C.A.2d 140, 143 (Cal. App. you can learn more about him and his partition referee cases here. Leslie A. Margolies, Esq. a lien on a recipient's real property, this report excludes recoveries (1) of improper payments, overpayments, and fraud, (2) from lottery winnings, workers compensation, lawsuit windfalls, and .