31 U.S.C. § 3728 — Setoff against judgment
submitted 44 years ago by Pub. L. 97-258 to r/title-31-MONEY-AND-FINANCE · 155 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
The Secretary shall—
discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
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
have a civil action brought if one has not already been brought.
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.
Source credit: (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 977; Pub. L. 104–316, title II, § 202(p), Oct. 19, 1996, 110 Stat. 3844.)
- 1982Enacted · Pub. L. 97-258 · 96 Stat. 977
- 1996Amended · Pub. L. 104-316 · 110 Stat. 3844
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-258 on 1982-09-13.
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