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109.

Returning Deficient Claim Referral Packages

If the CCLR or accompanying claim referral package is deficient and the deficiency cannot be expeditiously resolved with a minimum of effort, a deficiency or declination letter shall be immediately prepared and used to return the claim to the agency. This letter will inform the client agency of the specific reason(s) why the claim is considered deficient and that the United States Attorney presently declines to litigate and enforce collection of the claim. USAM 3-10.141.

A claim may be considered deficient for one or more of the following reasons: referral is made beyond statute of limitations date (4 C.F.R. § 105.1(a)); debtor does not reside in the district; CCLR is not provided (4 C.F.R. § 105.2(1)); debtor's current address is not provided (4 C.F.R. § 105.2(a)(2)); current credit data is not provided (4 C.F.R. § 105.2(a)(3)); credit data provided does not indicate that there is a prospect of effecting enforced collection from the debtor (4 C.F.R. § 105.2(a)(3)); referral is not accompanied by summary and supporting documentation of actions taken by agency to collect or compromise a claim (4 C.F.R. § 105.2(a)(1)); supporting documentation is deficient; principal amount of claim is less the minimum referral amount as set forth in the Federal Claims Collection Standards and without other merit (4 C.F.R. § 105.4); claim lacks litigative merit; and cost to be incurred through litigation substantially exceeds the amount of debt.

Suit shall not be filed on any claim which is referred after the applicable statute of limitations period has expired. Such claims shall be immediately declined and returned to the agency. Agencies are required to refer claims to the Department of Justice as early as possible, consistent with aggressive agency collection action and should be well within the period for bringing a timely suit against the debtor. 4 C.F.R. § 105.1(a).

[cited in USAM 3-10.141]