[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR904.4]



[Page 973-974]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

   CHAPTER IX--FEDERAL CLAIMS COLLECTION STANDARDS (DEPARTMENT OF THE 

                    TREASURY--DEPARTMENT OF JUSTICE)

 

PART 904_REFERRALS TO THE DEPARTMENT OF JUSTICE--Table of Contents

 

Sec. 904.4  Minimum amount of referrals to the Department of Justice.



    (a) Agencies shall not refer for litigation claims of less than 

$2,500, exclusive of interest, penalties, and administrative costs, or 

such other amount as the Attorney General shall from time to time 

prescribe. The Department of Justice shall promptly notify referring 

agencies if the Attorney General changes this minimum amount.

    (b) Agencies shall not refer claims of less than the minimum amount 

unless:



[[Page 974]]



    (1) Litigation to collect such smaller claims is important to ensure 

compliance with the agency's policies or programs;

    (2) The claim is being referred solely for the purpose of securing a 

judgment against the debtor, which will be filed as a lien against the 

debtor's property pursuant to 28 U.S.C. 3201 and returned to the 

referring agency for enforcement; or

    (3) The debtor has the clear ability to pay the claim and the 

Government effectively can enforce payment, with due regard for the 

exemptions available to the debtor under state and Federal law and the 

judicial remedies available to the Government.

    (c) Agencies should consult with the Financial Litigation Staff of 

the Executive Office for United States Attorneys in the Department of 

Justice prior to referring claims valued at less than the minimum 

amount.