---
kind: "section"
citation: "13 C.F.R. § 123.14"
title: "13"
number: "123.14"
heading: "How does the Federal Debt Collection Procedures Act of 1990 apply?"
url: "https://uscodex.org/cfr/13/123.14"
---

# §123.14. How does the Federal Debt Collection Procedures Act of 1990 apply?

- (a) Under the Federal Debt Collection Procedures Act of 1990 ([28 U.S.C. 3201(e)](/usc/28/3201.md?p=e)), a debtor who owns property which is subject to an outstanding judgment lien for a debt owed to the United States generally is not eligible to receive a disaster loan. The SBA Associate Administrator for Disaster Assistance, or designee, may waive this restriction as to disaster loans (except IDAP loans) upon a demonstration of good cause. Good cause means a written representation by you under oath which convinces SBA that:
  - (1) The declared disaster was a major contributing factor to the delinquency which led to the judgment lien, regardless of when the original debt was incurred; or
  - (2) The disaster directly prevented you from fulfilling the terms of an agreement with SBA or any other Federal Government entity to satisfy its pre-disaster judgment lien; in this situation, the judgment creditor must certify to SBA that you were complying with the agreement to satisfy the judgment lien when the disaster occurred; or
  - (3) **Other circumstances exist which would justify a waiver.**
- (b) The waiver determination by the Associate Administrator for Disaster Assistance, or designee, is a final, non-appealable decision. The granting of a waiver does not include loan approval; a waiver recipient must then follow normal loan application procedures.

## Notes

### Amendments

[61 FR 3304, Jan. 31, 1996, as amended at 75 FR 60598, Oct. 1, 2010]

### Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(b), 636(d), 657n, 9009, and U.S. Const. art. VI, cl. 10.

### Source

Source: 61 FR 3304, Jan. 31, 1996, unless otherwise noted.

### Amendments

[61 FR 3304, Jan. 31, 1996, as amended at 75 FR 60598, Oct. 1, 2010]