---
kind: "section"
citation: "34 C.F.R. § 30.27"
title: "34"
number: "30.27"
heading: "When does the Secretary enter into a repayment agreement rather than offset?"
url: "https://uscodex.org/cfr/34/30.27"
---

# §30.27. When does the Secretary enter into a repayment agreement rather than offset?

- (a) If a debtor wants an opportunity to enter into a written agreement to repay a debt on terms acceptable to the Secretary, the debtor must:
  - (1) File a request to enter into such agreement within 20 days after the date of the notice provided under [§ 30.22](/cfr/34/30.22.md); and
  - (2) **File the request at the address specified in the notice.**
- (b) A request filed under [paragraph (a)](#a) of this section must contain all information provided to the debtor in the notice under [§ 30.22](/cfr/34/30.22.md) or [§ 30.33(b)](/cfr/34/30.33.md?p=b) that identifies the debtor and the debt, including the debtor's Social Security number and the program under which the debt arose, together with any corrections of that identifying information.
- (c) If the Secretary receives a request filed in accordance with this section, the Secretary may enter into a written agreement requiring repayment in accordance with [4 CFR 102.11](/cfr/4/102.11.md), instead of offsetting the debt.
- (d) In deciding whether to enter into the agreement, the Secretary may consider:
  - (1) The Government's interest in collecting the debt; and
  - (2) **Fairness to the debtor.**
- (e)
  - (1) A debtor that enters into a repayment agreement with the Secretary under this section waives any right to further review by the Secretary of the issues relating to the original debt identified in the notice under [§ 30.22(b)(3)(ii)](/cfr/34/30.22.md?p=b-3-ii) or [§ 30.33(b)(3)(ii)](/cfr/34/30.33.md?p=b-3-ii).
  - (2) If a debtor breaches a repayment agreement, the Secretary may offset, or, under [§ 30.30](/cfr/34/30.30.md), refer to another agency for offset:
    - (i) The amount owing under the agreement; or
    - (ii) **The entire original debt, to the extent not repaid.**

## Notes

### Amendments

[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]

### Authority

Authority: 20 U.S.C. 1221e-3(a)(1), and 1226a-1, 31 U.S.C. 3711(e), 31 U.S.C. 3716(b) and 3720A, unless otherwise noted.

### Source

Source: 51 FR 24099, July 1, 1986, unless otherwise noted.

### Amendments

[51 FR 24099, July 1, 1986, as amended at 51 FR 35647, Oct. 7, 1986]