§ 213.8. Written demand for payment notice.
463 words·~2 min read·
/us/cfr/t22/s§ 213.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When an Agency official determines that a debt is owed to USAID, the Agency sends a written demand for payment notice to the debtor. Unless otherwise provided by agreement, contract, or order, the written demand for payment notice informs the debtor of:
(1)The amount, nature and basis of the debt;
(2)The right of the debtor to inspect and copy records related to the debt;
(3)The right of the debtor to discuss and propose a repayment agreement;
(4)Any rights available to the debtor to review the debt, or to have recovery of the debt waived (by citing the available review or waiver authority, the conditions for review or waiver, and the effects of the review or waiver request on the collection of the debt);
(5)The date on which debt payment is due, which will be not more than 30 days from the date the written demand for-payment notice is mailed or hand delivered;
(6)The instructions for making electronic payment;
(7)The debt is considered delinquent if it is not paid on the due date provided in the initial written demand-of payment notice;
(8)The imposition of interest charges, penalties, and administrative costs that USAID may assess against a delinquent debt, and the date when such charges apply;
(9)The intention of USAID to use non-centralized administrative offset to collect the debt if appropriate and, if not, the referral of the debt 90 days after the Bill for Collection or demand letter to the Financial Management Service in the Department of Treasury who will collect their administrative costs from the debtor in addition to the amount owed USAID and use all means available to the Federal Government for debt collection including administrative wage garnishment, use of collection agencies and reporting the indebtedness to a credit reporting bureau (see § 213.14);
(10)The Agency will refer delinquent debt unpaid at 90 days from the initial written demand for payment notice to the Bureau of the Fiscal Service (Fiscal Service) within the U.S. Department of the Treasury. Statute requires the referral of delinquent debt to Fiscal Service no later than 120 days from the initial written demand-for-payment notice. Fiscal Service will use means available to the Federal Government for collecting a debt, including administrative wage-garnishment, the use of collection agencies, and reporting the indebtedness to a credit-reporting bureau (see § 213.15);
(11)The address, telephone number, and name of the person available to discuss the debt; and
(12)The possibility of referral to DOJ for litigation if USAID cannot collect the debt administratively.
(b)USAID will respond promptly to written communications from the debtor, generally within 30 days of receipt of such a communication. \[67 FR 47258, July 18, 2002. Redesignated and amended at 86 FR 31141, June 11, 2021\]