{"identifier":"/us/usc/t31/s3728","title":31,"num":"\u00a7\u202f3728.","heading":"Setoff against judgment","text":"\u00a7\u202f3728.\nSetoff against judgment\n(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.\n(b) The Secretary shall\u2014\n(1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or\n(2)\n(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\n(B) have a civil action brought if one has not already been brought.\n(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.","url":"https://projectusc.org/usc/t31/s3728.html","content":[{"t":"sec","id":"/us/usc/t31/s3728","children":[{"t":"num","text":"\u00a7\u202f3728."},{"t":"heading","text":"Setoff against judgment"},{"t":"subsec","id":"/us/usc/t31/s3728/a","children":[{"t":"num","text":"(a)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t31/s3728/b","children":[{"t":"num","text":"(b)"},{"t":"chapeau","text":" The Secretary shall\u2014"},{"t":"para","id":"/us/usc/t31/s3728/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t31/s3728/b/2","children":[{"t":"num","text":"(2)"},{"t":"subpara","id":"/us/usc/t31/s3728/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t31/s3728/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" have a civil action brought if one has not already been brought.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t31/s3728/c","children":[{"t":"num","text":"(c)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}