Collapse to view only § 1018.62 - Reasons for terminating collection action.
- § 1018.60 - When collection action may be suspended or terminated.
- § 1018.61 - Reasons for suspending collection action.
- § 1018.62 - Reasons for terminating collection action.
- § 1018.63 - Termination of collection action.
- § 1018.64 - Transfer of a claim.
§ 1018.60 - When collection action may be suspended or terminated.
The Board may suspend or terminate collection action on a claim not in excess of the monetary limitation, exclusive of interest, penalties, and administrative costs, after deducting the amount of partial payments, if any, if it has not been referred to GAO or DOJ for litigation.
§ 1018.61 - Reasons for suspending collection action.
Collection action may be suspended temporarily:
(a) When the debtor cannot be located after diligent efforts, and there is reason to believe that future collection action may be sufficiently productive to justify periodic review and action on the claim considering the size of the claim and the amount which may be realized on it; or
(b) When the debtor owns no substantial equity in realty and is unable to make payments on the Government's claim or effect a compromise on it at the time, but the debtor's future prospects justify retention of the claim for periodic review and action:
(1) The applicable statute of limitations has been tolled or started anew; or
(2) Future collection can be effected by offset notwithstanding the statute of limitations.
§ 1018.62 - Reasons for terminating collection action.
Collection action may be terminated:
(a) When it becomes clear that the Government cannot collect or enforce collection of any significant sum from the debtor having due regard for the judicial remedies available to the Government, the debtor's future financial prospects, and the exemptions available to the debtor under State and Federal law;
(b) When the debtor cannot be located, there is no security remaining to be liquidated, the applicable statute of limitations has run, and the prospects of collecting by offset, notwithstanding the bar of the statute of limitations, are too remote to justify retention of the claim; or
(c) When it is likely that the cost of the collection action will exceed the amount recoverable.
§ 1018.63 - Termination of collection action.
Collection action shall be terminated:
(a) Whenever it is determined that the claim is legally without merit; or
(b) When it is determined that the evidence necessary to prove the claim cannot be produced, or necessary witnesses are unavailable, and efforts to induce voluntary payments have been unavailing.
§ 1018.64 - Transfer of a claim.
The Board may refer a claim to GAO when there is doubt as to whether or not a collection action should be suspended or terminated.