31 USC 3728 - Setoff against judgment

U.S Code last checked for updates: Nov 22, 2024

§ 3728.

Setoff against judgment

(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.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 977; Pub. L. 104–316, title II, § 202(p), Oct. 19, 1996, 110 Stat. 3844.)

cite as: 31 USC 3728