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110.

Installment Payment Plans

See USAM 3-10.300.

In reviewing the debtor's financial statement and other credit information, full consideration should be given to the enforced collection remedies available to the United States under the Federal Debt Collection Procedures Act. An installment payment plan should not be agreed to when the financial statement shows the availability of assets or property, real or personal, which could be obtained under the Federal Debt Collection Procedures Act and the judgment satisfied in a more efficient and timely manner.

All installment payment plans shall be in writing, and agreed to and signed by the debtor. Each plan should provide for the entire judgment amount, together with interest and court costs, to become immediately due and payable upon the debtor's default on the terms and conditions of the payment plan. The agreement should specifically state that any default on the terms and conditions will entitle the United States to execute on the judgment without further notice to the debtor. It should also indicate that the amount of the scheduled payments under the payment plan may change if the United States Attorney's office believes that debtor can afford to pay more in the future. Updated financial statements shall be obtained from the debtor and thoroughly reviewed at least annually to determine whether an increased monthly payment amount is justified.

Monthly payments shall always be in as large of an amount as the debtor is financially able to pay. The minimum amount which may be accepted is $60.00 per month. Any payment of less than $60.00 per month shall be reviewed and approved by the Assistant United States Attorney responsible for financial litigation. Any agreement to accept less than $60.00 per month shall be temporary and the debtor shall be so advised.

The amount of the monthly payment required under an installment payment plan shall be based upon the following guidelines:

Total Amount of Indebtedness Maximum Payment Period
$ 0.00 - $ 900.00 6 months
$ 901.00 - $ 1,800.00 12 months
$ 1,801.00 - $ 2,700.00 18 months
$ 2,701.00 - $ 3,600.00 24 months
$ 3,601.00 - up 36 months

Any exceptions to these guidelines shall be reviewed and approved by the Assistant United States Attorney responsible for financial litigation.

[cited in USAM 3-10.300]