[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR17.106]



[Page 220-221]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 17_ADMINISTRATIVE CLAIMS--Table of Contents

 

   Subpart C_Procedures for the Collection of Claims by the Government

 

Sec.  17.106  Written agreement to repay debt as alternative to 

administrative offset.



    (a) Notification by debtor. The debtor may, in response to a Notice 

of Intent, propose a written agreement to repay the debt as an 

alternative to administrative offset. Any debtor who wishes to do this 

must submit a proposed written agreement to repay the debt. This 

proposed written agreement must be received by the Secretary within 20 

calendar days of the date of the Department's Notice of Intent.



[[Page 221]]



    (b) Secretary's response. In response to timely notification by the 

debtor as described in paragraph (a) of this section, the Secretary will 

notify the debtor whether the debtor's proposed written agreement for 

repayment is acceptable. It is within the Secretary's discretion to 

accept a repayment agreement instead of proceeding by offset. In making 

this determination the Secretary will balance the Department's interest 

in collecting the debt against hardship to the debtor. If the debt is 

delinquent and the debtor has not disputed its existence or amount, the 

Secretary will accept a repayment agreement instead of offset only if 

the debtor is able to establish that offset would result in undue 

financial hardship or would be against equity and good conscience.