TN 17 (02-93)
GN 02215.170 Handling of Overpayment Claims for Referral to DOJ - RO Procedure
The ARC, POS is responsible for either reporting or not reporting an outstanding debt to the DOJ for possible civil suit.
Refer all debts of less than $500,000 to the U.S. Attorney through the CIF (GN 02215.170B.4. for address).
Refer any claim involving a debt of $500,000 or more directly to Central Justice (GN 02215.170B.4. for address).
2. Review based on size of debt, no fraud
Refer debts between $200 and $3,000 only if the debtor is a Federal employee.
If not a Federal employee, refer debts of $3,000 or more.
Apply guidelines in GN 02215.150B.1. - GN 02215.150B.5.
Request additional financial information only if there is reason to believe that such development will be material.
3. Fraud issue open
Do not refer for civil suit if the fraud issue is open (GN 02215.150 A.2.).
Advise the reporting office (i.e., PC or FO) of your action.
4. Review and completion of reporting forms
a. Certificate of indebtedness
Review for completion in accordance with the guidelines in GN 02215.166.
If facts are missing (e.g., the debt was reduced through refund or adjustment but this information is not reflected), return the certificate to the reporting office.
Advise the reporting office of the missing data and request a new form.
Delay further action pending return of the revised form.
b. Claims collection litigation report (CCLR)
Insert date the CCLR is sent to the Central Intake Facility (CIF) or to Central Justice in Washington, D.C.
If the debt is less than $500,000, complete item 3 to show the name and complete mailing address of the U.S. Attorney and the following address:
- U.S. Department of Justice
Central Intake Facility
2 Constitution Square
145 N Street, N.E., Room 5E.307
Washington, DC 20002
If the debt is $500,000 or more, show:
- Commercial Litigation Branch
U.S. Department of Justice
P.O. Box 875
Ben Franklin Station
Washington, D.C. 20044
Review to ensure completion in accordance with the GN 02215.168 guidelines and that all necessary documentation is attached.
c. Documents related to overpayment
Review material to determine that copies of all relevant material are supplied in accordance with GN 02215.165B.
The package should contain the following:
Copies of notices related to the overpayment (including the initial overpayment notice, if available, and notices related to a waiver request and /or appeal of the overpayment determination);
Photocopies of any reports of contact and correspondence from debtors (and their attorneys, if applicable), and replies to such correspondence; and
A copy of an SSA-632-BK financial statement (completed within the last 6 months) or a report showing the debtor's ability to repay, or (if obtained) a credit report detailing income and assets, or a DEQY (or SEQY) indicating substantial earnings.
If overpayment collection was controlled by the Recovery and Collection of Overpayment Process (RECOOP) system, a copy of the RECOOP payment history card and printouts of contacts with the debtor must be included.
5. Assembly of documents
If referral for civil suit is appropriate, assemble documents as follows:
a. Claims collection litigation report
The original copy for the U.S. Attorney if debt less than $500,000.
The original and 1 copy for Central Justice if the debt is $500,000 or more.
Retain 1 copy for RO file.
b. Certificate of indebtedness
The original and 1 copy for the U.S. Attorney.
The original and 1 copy if referral to Central Justice is appropriate.
Retain 1 copy for RO file.
Set up dummy folder for U.S. Attorney.
Enclose all material including the CCLR Certificate of Indebtedness.
Attach a label with the name of the debtor, the SSN on which the overpayment occurred, and the RO return address.
If you determine that the outstanding debt should not be referred for possible civil suit, return all material to the reporting office with an explanation of why referral is not appropriate.
6. DOJ determines civil suit inappropriate
If the U.S. Attorney (or Central Justice) determines that civil suit is inappropriate, promptly notify the reporting office of the decision.