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Notes

38 C.F.R. §§ 1.951–1.953

3 sections in range

§1.951. Claims Collection Litigation Report (CCLR).

38 C.F.R. § 1.951

(a)
Unless excepted by the Department of Justice (DOJ), VA shall complete the CCLR, accompanied by a signed Certificate of Indebtedness, to refer all administratively uncollectible claims to DOJ for litigation. VA shall complete all of the sections of the CCLR appropriate to each claim as required by the CCLR instructions and furnish such other information as may be required in specific cases.
(b)
VA shall indicate clearly on the CCLR the actions it wishes DOJ to take with respect to the referred claim.
(c)
VA shall also use the CCLR to refer claims to DOJ to obtain approval of any proposals to compromise the claims or to suspend or terminate agency collection activity.
Notes, amendments, and revision history

Amendments

[69 FR 62200, Oct. 25, 2004]

Authority

Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[69 FR 62200, Oct. 25, 2004]

§1.952. Preservation of evidence.

38 C.F.R. § 1.952

VA must take care to preserve all files and records that may be needed by the Department of Justice (DOJ) to prove its claims in court. VA ordinarily should include certified copies of the documents that form the basis for the claim when referring such claims to DOJ for litigation. VA shall provide originals of such documents immediately upon request by DOJ.
Notes, amendments, and revision history

Amendments

[69 FR 62200, Oct. 25, 2004]

Authority

Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[69 FR 62200, Oct. 25, 2004]

§1.953. Minimum amount of referrals to the Department of Justice.

38 C.F.R. § 1.953

(a)
Except as otherwise provided in paragraphs (b) and (c) of this section, VA shall not refer for litigation claims of less than $2,500, exclusive of interest, penalties, and administrative costs, or such other minimum amount as the Attorney General shall from time to time prescribe. The Department of Justice (DOJ) shall promptly notify referring agencies if the Attorney General changes this minimum amount.
(b)
VA shall not refer claims of less than the minimum amount prescribed by the Attorney General unless:
(1)
Litigation to collect such smaller claims is important to ensure compliance with VA's policies or programs;
(2)
The claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. 3201 and returned to VA for enforcement; or
(3)
The debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under State and Federal law and the judicial remedies available to the Government.
(c)
VA should consult with the Financial Litigation Staff of the Executive Office for United States Attorneys, in DOJ, prior to referring claims valued at less than the minimum amount.
Notes, amendments, and revision history

Amendments

[69 FR 62200, Oct. 25, 2004]

Authority

Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted.

Authority

Authority: 38 U.S.C. 501, and as noted in specific sections.

Source

Source: 40 FR 33944, Aug. 12, 1975, unless otherwise noted.

Amendments

[69 FR 62200, Oct. 25, 2004]