United States Code · Section
§ 3728 — Setoff Against Judgment
31 U.S.C. § 3728
View:
(a) The Secretary of the Treasury shall withhold paying that part of a judgment against the United States Government presented to the Secretary that is equal to a debt the plaintiff owes the Government.
(b) The Secretary shall—
(1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
(A) withhold payment of an additional amount the Secretary decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and
(B) have a civil action brought if one has not already been brought.
(c) If the Government loses a civil action to recover a debt or recovers less than the amount the Secretary withholds under this section, the Secretary shall pay the plaintiff the balance and interest of 6 percent for the time the money is withheld.
Implementing Regulations
-
§ 15.33 Collection by administrative offset.10 C.F.R. § 15.33
-
§ 1015.203 Collection by administrative offset.10 C.F.R. § 1015.203
-
§ 422.821 Administrative offset.20 C.F.R. § 422.821
-
§ 512.10 Collection by administrative offset.22 C.F.R. § 512.10
-
§ 199.11 Overpayments recovery.32 C.F.R. § 199.11
-
§ 102.159 Exclusions.29 C.F.R. § 102.159
-
§ 20.34 Exclusions.29 C.F.R. § 20.34
-
§ 1450.10 Collection by administrative offset.29 C.F.R. § 1450.10
-
§ 256.21 Are Judgment Fund payments offset to collect administrative debts?31 C.F.R. § 256.21
-
§ 901.3 Collection by administrative offset.31 C.F.R. § 901.3
-
§ 30.12 Administrative offset.45 C.F.R. § 30.12
-
§ 105-55.011 Collection by administrative offset.41 C.F.R. § 105-55.011
-
§ 1177.11 Collection by administrative offset.45 C.F.R. § 1177.11
-
§ 1261.508 Offset against a judgment.14 C.F.R. § 1261.508
-
§ 1261.409 Contracting for collection services.14 C.F.R. § 1261.409
-
§ 3.40 Scope.7 C.F.R. § 3.40
-
§ 1.1912 Collection by administrative offset.47 C.F.R. § 1.1912