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31 U.S.C. § 3728 - U.S. Code - Unannotated Title 31. Money and Finance § 3728. Setoff against judgment

Current as of January 01, 2018 | Updated by FindLaw Staff

(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

(2)(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.

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Cite this article: FindLaw.com - 31 U.S.C. § 3728 - U.S. Code - Unannotated Title 31. Money and Finance § 3728. Setoff against judgment - last updated January 01, 2018 | https://codes.findlaw.com/us/title-31-money-and-finance/31-usc-sect-3728.html

Read this complete 31 U.S.C. § 3728 - U.S. Code - Unannotated Title 31. Money and Finance § 3728. Setoff against judgment on Westlaw

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

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