49 C.F.R. Subpart C—Compromise of a Claim
Title 49 - Transportation
The Board may compromise a claim not in excess of the monetary limitation if it has not been referred to GAO or DOJ for litigation. Only the Comptroller General of the United States or designee may effect the compromise of a claim that arises out of the exceptions made by the GAO in that account of an accountable officer, including a claim against the payee, prior to its referral by GAO for litigation. [58 FR 7749, Feb. 9, 1993; 58 FR 11099, Feb. 23, 1993] (a) A claim may be compromised for one or more reasons set forth below: (1) The full amount cannot be collected because: (i) The debtor is unable to pay the full amount within a reasonable time; or (ii) The debtor refuses to pay the claim in full, and the Government is unable to enforce collection in full within a reasonable time; or (2) There is a real doubt concerning the Government's ability to prove its case in Court for the full amount claimed, either because of the legal issues involved or a bona fide dispute as to the facts; or (3) The costs of collecting the claim do not justify the enforced collection of the full amount. The Board shall apply this reason for compromise in accordance with the guidelines in 4 CFR 103.4. (b) The Board shall determine the debtor's inability to pay, the Government's ability to enforce collection, and the amounts which are acceptable in compromise in accordance with the Federal Claims Collection Standards, 4 CFR part 103. (c) Compromises payable in installments are discouraged, but, if necessary, must be in the form of a legally enforceable agreement for the reinstatement of the prior indebtedness less sums paid thereon. The agreement also must provide that in the event of default: (1) The entire balance of the debt becomes immediately due and payable; and (2) The Government has the right to enforce any security agreement. (a) The Board may not accept a percentage of a debtor's profits or stock in a debtor's corporation in compromise of a claim. In negotiating a compromise with a business concern, consideration is given to requiring a waiver of the tax-loss-carry-forward and tax-loss-carry-back rights of the debtor. (b) If two or more debtors are jointly or severally liable, collection action is not withheld against one debtor until the other or others pay their share. The amount of a compromise with one debtor is not considered a precedent or binding in determining the amount which will be required from other debtors jointly and severally liable on the claim. An offer of compromise must be in writing and signed by the debtor. An offer of compromise which is accepted by the Board is final and conclusive on the debtor and on all officials, agencies and courts of the United States, unless obtained by fraud, misrepresentation, the presentation of a false claim, or mutual mistake of fact.
Title 49: Transportation
PART 1018—DEBT COLLECTION
Subpart C—Compromise of a Claim
§ 1018.50 When a claim may be compromised.
§ 1018.51 Reasons for compromising a claim.
§ 1018.52 Restrictions on the compromise of a claim.
§ 1018.53 Finality of a compromise.
