§ 792.9 - Withholding.

Copy with citation

Copy as parenthetical citation

Withholding of a payment prior to the completion of an applicable offset procedure may be made from amounts payable to a debtor by FSA to ensure that the interests of FSA and the United States will be protected as provided in this section.

A payment may be withheld to protect the interests of FSA or the United States only if FSA determines that:

There has been a serious breach of contract or violation of program requirements and the withholding action is considered necessary to protect the financial interests of FSA;

There is substantial evidence of violations of criminal or civil frauds statutes and criminal prosecution or civil frauds action is of primary importance to program operations of FSA;

Prior experience with the debtor indicates that collection will be difficult if amounts payable to the debtor are not withheld;

There is doubt that the debtor will be financially able to pay a judgment on the claim of FSA;

The facts available to FSA are insufficient to determine the amount to be offset or the proper payee;

A judgment on a claim of FSA has been obtained; or

Such action has been requested by the Department of Justice.

Except for debts due FSA or CCC, withholding action by FSA on amounts payable to debtors of other Government agencies may not be made unless requested by the Department of Justice.

Previous Section

§ 792.8 - Priorities of offsets versus assignments.

Next Section

§ 792.10 - Late payment interest, penalty and administrative charges.