§ 3728. Setoff against judgment
383 words·~2 min read·
/usc/title-31/section-3728A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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
(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.
(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 977; Pub. L. 104–316, title II, § 202(p), Oct. 19, 1996, 110 Stat. 3844.)
In the section, the words “of the United States” are omitted as unnecessary.
In subsection (a), the words “final . . . recovered . . . duly allowed by legal authority”, “for payment”, and “in any manner, whether as principal or surety” are omitted as surplus.
In subsection (b)(1), the words “due from the plaintiff to the United States” are omitted as surplus.
In subsection (b)(2)(A), the words “of such judgment”, “be sufficient to”, and “charges and” are omitted as surplus. The words “of bringing a civil action” are substituted for “in prosecuting the debt” for consistency in the revised title and with other titles of the United States Code. The words “of the United States to final judgment” and “to the United States” are omitted as surplus.
Subsection (b)(2)(B) is substituted for 31:227(3d sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words “for debt and costs”, “thereon”, and “from the plaintiff” are omitted as surplus.
Connections43 cite this
Cited by 43 sections · top 39
CFR
- § 901.3Collection by administrative offset.
- § 199.11Overpayments recovery.
- § 15.33Collection by administrative offset.
- § 1201.54Can a judgment I have obtained against the United States be used to satisfy a debt that I owe to NARA?
- § 422.821Administrative offset.
- § 512.10Collection by administrative offset.
- § 20.34Exclusions.
- § 1261.508Offset against a judgment.
- § 102.159Exclusions.
- § 1450.10Collection by administrative offset.
- § 256.21Are Judgment Fund payments offset to collect administrative debts?
- § 1015.203Collection by administrative offset.
- § 1261.409Contracting for collection services.
- § 256.20How does an agency indicate that a debt is to be offset from a Judgment Fund payment?
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6 references not yet in our index
- Pub. L. 97–258
- 96 Stat. 977
- Pub. L. 104–316, title II, § 202(p)
- 110 Stat. 3844
- Pub. L. 104–316, § 202(p)(1)
- Pub. L. 104–316, § 202(p)(2)
Citation graph
cites case law
§ 3728
Setoff against judgment
Fed. Reg.×27
C.F.R.×14
U.S.C.×2
Pub. L.Pub. L. 97–258
Stat.96 Stat. 977
Pub. L.Pub. L. 104–316, title II, § 202(p)
Stat.110 Stat. 3844
Pub. L.Pub. L. 104–316, § 202(p)(1)
Cites 6 · showing 5Cited by 43 across 3 sources