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MERCER v. MAGNANT

Nos. 93-3255, 93-3410.

40 F.3d 893 (1994)

Mary MERCER, et al., Plaintiffs-Appellees, Cross-Appellants, v. Suzanne MAGNANT, Administrator of the Indiana Department of Public Welfare, et al., Defendants-Appellants, Cross-Appellees, and Mike Espy, Secretary of Agriculture, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 1994.

Attorney(s) appearing for the Case

Lowell K. Hull (argued), Legal Services of Northern Indiana, South Bend, IN, and Greta S. Friedman, Boklund, Yandt & Friedman, LaPorte, IN, for plaintiffs.

Pamela Carter, Asst. Atty. Gen., Jon Laramore (argued), Office of the Atty. Gen., Indianapolis, IN, Robert S. Greenspan, Christine N. Kohl (argued), Dept. of Justice, Civ. Div., Appellate Section, Washington, DC, and Clifford D. Johnson, Asst. U.S. Atty., Office of the U.S. Atty., South Bend, IN, for defendants.

Before POSNER, Chief Judge, and ENGEL and EASTERBROOK, Circuit Judges.

EASTERBROOK, Circuit Judge.

Before Indiana sends out a tax refund, it checks to see whether the recipient owes anything to the state. If there is a debt, Indiana notifies the taxpayer of an intent to apply the tax refund to the outstanding indebtedness. The state offers a hearing on the question whether there is indeed such an obligation. After the time to request a hearing passes—or after the decision, if a hearing is requested—the state sets off the...

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