Title 42

SECTION 401.617

401.617 Suspension of collection action.

§ 401.617 Suspension of collection action.

(a) General conditions. CMS may temporarily suspend collection action on a claim if the following general conditions are met -

(1) Amount of future recovery. CMS determines that future collection action may result in a recovery of an amount sufficient to justify periodic review and action on the claim by CMS during the period of suspension.

(2) Statute of limitations. CMS determines that -

(i) The applicable statute of limitations has been tolled, waived or has started running anew; or

(ii) Future collections may be made by CMS through offset despite an applicable statute of limitations.

(b) Basis for suspension. Bases on which CMS may suspend collection action on a particular claim include the following -

(1) A debtor cannot be located; or

(2) A debtor -

(i) Owns no substantial equity in property;

(ii) Is unable to make payment on CMS's claim or is unable to effect a compromise; and

(iii) Has future prospects that justify retention of the claim.

(c) Locating debtors. CMS will make every reasonable effort to locate missing debtors sufficiently in advance of the bar of an applicable statute of limitations to permit timely filing of a lawsuit to recover the amount of the claim.

(d) Effect of suspension on liquidation of security. CMS will liquidate security, obtained in partial recovery of a claim, despite a decision under this section to suspend collection action against the debtor for the remainder of the claim.

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