[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR30.33]



[Page 98]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 30_CLAIMS COLLECTION--Table of Contents

 

         Subpart E_Referrals to the Department of Justice or GAO

 

Sec.  30.33  Litigation.





    (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.