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Title 10 Part 1015 → Subpart E → §1015.505

Title 10 → Chapter X → Part 1015 → Subpart E → §1015.505

Electronic Code of Federal Regulations e-CFR

Title 10 Part 1015 → Subpart E → §1015.505

e-CFR data is current as of June 13, 2019

Title 10Chapter XPart 1015Subpart E → §1015.505


Title 10: Energy
PART 1015—COLLECTION OF CLAIMS OWED THE UNITED STATES
Subpart E—Referrals to the Department of Justice


§1015.505   Minimum amount of referrals to the Department of Justice.

(a) DOE shall not refer for litigation claims of less than $2,500, exclusive of interest, penalties, and administrative costs, or such other amount as the Attorney General shall from time to time prescribe. The DOJ promptly shall notify DOE if the Attorney General changes this minimum amount.

(b) DOE shall not refer claims of less than the minimum amount unless:

(1) Litigation to collect such smaller claims is important to ensure compliance with DOE's policies or programs;

(2) The claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. 3201 and returned to DOE for enforcement; or

(3) The debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under state and Federal law and the judicial remedies available to the Government.

(4) DOE will consult with the Financial Litigation Staff of the Executive Office for United States Attorneys in the DOJ prior to referring claims valued at less than the minimum amount.