[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR30.11]

[Page 84]
 
                        TITLE 45--PUBLIC WELFARE
 
                           AND HUMAN SERVICES
 
PART 30--CLAIMS COLLECTION--Table of Contents
 
                     Subpart B--Collection of Claims
 
Sec. 30.11  Collection rule.


    (a) Aggressive agency action. The Secretary will take aggressive 
action to collect debts and reduce delinquencies. Collection efforts 
shall, at a minimum, normally include sending to the debtor's last known 
address a total of three progressively stronger written demands for 
payment at not more than 30-day intervals unless amounts are available 
for offset under section 30.15, or a response to the first or second 
demand indicates that further demand would be futile and the debtor's 
response does not require rebuttal.
    (b) Immediate action. When necessary to protect the Government's 
interest, written demand may be preceded by other appropriate action, 
such as withholding of amounts payable to the debtor or immediate 
referral of the debt for litigation or filing of a claim in bankruptcy 
court or against a decedent's estate.
    (c) Finding debtors. The Secretary will exhaust every reasonable 
effort to locate debtors, using such sources as telephone directories, 
city directories, postmasters, driving license records, automobile title 
and license records in State and local government agencies, the Internal 
Revenue Service, credit reporting agencies and skip locator services. 
Referral of a confess-judgment note to the appropriate United States 
Attorney's Office for entry of judgment will not be delayed because the 
debtor cannot be located.
    (d) Joint and several liability. Collection of the full amount of 
the debt will be pursued from each debtor jointly and severally liable.
    (e) Debtor disputes. A debtor who disputes a debt must promptly 
provide available supporting evidence.
    (f) Debt files. The Secretary will maintain an administrative file 
for each debt or debtor, documenting the debt(s), all administrative 
collection action, including communications to and from the debtor, and 
disposition of the debt(s). Information from a debt file relating to an 
individual may be disclosed only for purposes consistent with this 
regulation, the Privacy Act of 1974 (5 U.S.C. 552a), and any other 
applicable law.