---
kind: "section"
citation: "29 C.F.R. § 1650.202"
title: "29"
number: "1650.202"
heading: "Past-due legally enforceable debt."
url: "https://uscodex.org/cfr/29/1650.202"
---

# §1650.202. Past-due legally enforceable debt.


A past due, legally enforceable debt is a debt:

- (a) That accrued within ten years of referral to Treasury;
- (b) That is at least $25.00; and
- (c) **That the agency has made reasonable efforts to collect by—**
  - (1) Submitting the debt to Treasury, Financial Management Service, for collection by Administrative Offset and complying with [31 U.S.C. 3716(a)](/usc/31/3716.md?p=a) and related regulations, to the extent that collection by administrative offset is not prohibited by statute;
  - (2) Notifying, or making a reasonable attempt to notify, the debtor that the debt is past-due, and unless repaid within 60 days after the date of the notice, will be referred to Treasury for tax refund offset;
  - (3) Giving the debtor at least 60 days from the date of notification to present evidence that all or part of the debt is not past-due or legally enforceable, considering any evidence presented by such debtor, and determining that an amount of such debt is past-due and legally enforceable; and
  - (4) **Providing the debtor with an opportunity to make a written agreement to repay the amount of the debt.**

## Notes

### Authority

Authority: 31 U.S.C. 3701 et seq. Subpart A also issued under 5 U.S.C. 5514; 5 CFR 550.1101. Subpart B also issued under 31 U.S.C. 3720A; 31 CFR 285.5(d)(4). Subpart C also issued under 31 U.S.C. 3716. Subpart D also issued under 31 U.S.C. 3720D.

### Source

Source: 73 FR 49093, Aug. 20, 2008, unless otherwise noted.