§ 313.123. Certification and referral of debt.
225 words·~1 min read·
/us/cfr/t12/s§ 313.123·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When the FDIC refers a past-due, legally enforceable debt to FMS for tax refund offset, it will certify to FMS that:
(a)The debt is past due and legally enforceable in the amount submitted to FMS and that the FDIC will ensure that collections are properly credited to the debt;
(b)Except in the case of a judgment debt or as otherwise allowed by law, the debt is referred for offset within ten years after the FDIC's right of action accrues;
(c)The FDIC has made reasonable efforts to obtain payment of the debt, in that it has:
(1)Submitted the debt to FMS for collection by administrative offset and complied with the provisions of 31 U.S.C. 3716(a) and related regulations;
(2)Notified, or has made a reasonable attempt to notify, the debtor that the debt is past-due, and unless repaid within 60 days after the date of the notice, will be referred to FMS for tax refund offset;
(3)Given the debtor at least 60 days to present evidence that all or part of the debt is not past-due or legally enforceable, considered any evidence presented by the debtor, and determined that the debt is past-due and legally enforceable; and
(4)Provided the debtor with an opportunity to make a written agreement to repay the debt; and
(d)The debt is at least $25.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
§ 313.123
Certification and referral of debt.
Cites 1Cited by 0 across 0 sources