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United States Code Title 31 — Money and Finance

§ 3728. Setoff against judgment

§ 3728.

Setoff against judgment

(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.