45 C.F.R. Subpart E—Referrals to the Department of Justice or GAO
Title 45 - Public Welfare
(a) Debts over $600 that cannot be collected or otherwise disposed of by the Secretary or its agents will be referred to the appropriate United States Attorney (if the amount does not exceed $100,000) or the Civil Division of the Department of Justice (if the amount exceeds $100,000) for litigation. Each referral will include all pertinent information, as required by the Claims Collection Litigation Report, including: (1) The most current address of the debtor or the name and address of the agent for a corporation upon whom service may be made; (2) Reasonably current credit data in the form of a credit report or a financial statement showing reasonable prospects of enforcing collection from the debtor, having due regard for the exemptions available to the debtor under State and Federal law and the judicial remedies available to the Government; and (3) A summary of prior collection efforts. Credit data may be omitted if a surety bond, insurance, or the sale of collateral will satisfy the claim in full; or the debtor is in bankruptcy or receivership, or is a unit of State or local government. (b) Debts of $600 or less, exclusive of interest and charges, may be referred for litigation if a significant enforcement policy is involved or the debtor is clearly able to pay and the Government can effectively enforce payment. The Secretary may compromise or suspend or terminate collection of debts where the outstanding principal exceeds $20,000 only with the approval of, or referral to, the appropriate United States Attorney (if the debt does not exceed $100,000) or the Department of Justice (if the debt exceeds $100,000). The Secretary will refer to the General Accounting Office (GAO) debts arising from GAO audit exceptions.
Title 45: Public Welfare
PART 30—CLAIMS COLLECTION
Subpart E—Referrals to the Department of Justice or GAO
§ 30.33 Litigation.
§ 30.34 Claims over $20,000.
§ 30.35 GAO exceptions.
