31-U.S.C.-3728
§3728 – Setoff Against Judgment
Pathway
Title 31 > Subtitle III > Chapter 37 > Subchapter III > Section 3728
Details
- Reference: Section 3728
- Legend: §3728 – Setoff Against Judgment
- USCode Year: 2013
Provision Content
(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.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3728(a) | 31:227(1st sentence words before semicolon). | Mar. 3, 1875, ch. 149, 18 Stat. 481; restated Mar. 3, 1933, ch. 212, §13, 47 Stat. 1516. |
| 3728(b) | 31:227(1st sentence words after semicolon, 2d, 3d sentences). | |
| 3728(c) | 31:227(last sentence). |
In the section, the words of the United States are omitted as unnecessary.
In subsection (a), the words final . . . recovered . . . duly allowed by legal authority, for payment, and in any manner, whether as principal or surety are omitted as surplus.
In subsection (b)(1), the words due from the plaintiff to the United States are omitted as surplus.
In subsection (b)(2)(A), the words of such judgment, be sufficient to, and charges and are omitted as surplus. The words of bringing a civil action are substituted for in prosecuting the debt for consistency in the revised title and with other titles of the United States Code. The words of the United States to final judgment and to the United States are omitted as surplus.
Subsection (b)(2)(B) is substituted for 31:227(3d sentence) for consistency and to eliminate unnecessary words.
In subsection (c), the words for debt and costs, thereon, and from the plaintiff are omitted as surplus.
Amendments
1996—Subsec. (a). Pub. L. 104–316, §202(p)(1), (2), substituted Secretary of the Treasury for Comptroller General before shall withhold and Secretary for Comptroller General after presented to the.
Subsecs. (b), (c). Pub. L. 104–316, §202(p)(2), substituted Secretary for Comptroller General wherever appearing.
U.S. Encyclopedia of Law Coverage
31-U.S.C.-3723 in the Legal Encyclopedia: Financial Management
In this entry about 31-U.S.C.-3723, find legal reference material, bibliographies and premiere content related to financial management in the American Encyclopedia of Law, presenting a comprehensive view of the United States financial management-specific issues, written by authorities in the field.
31-U.S.C.-3723 in the Legal Encyclopedia: Claims
In this entry about 31-U.S.C.-3723, find legal reference material, bibliographies and premiere content related to claims in the American Encyclopedia of Law, presenting a comprehensive view of the United States claims-specific issues, written by authorities in the field.
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