TN 53 (01-24)

GN 02215.170 Handling of Overpayment Claims for Referral to DOJ - RO Procedure

A. Policy

The ARC, POS is responsible for either reporting or not reporting an outstanding debt to the DOJ for possible civil suit.

B. Procedure

1. General

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

    Civil Division

    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.

The package should contain the following:

  • a. Copies of all notices (including reconstructed computer generated notices, if necessary) related to the overpayment and its recovery; i.e.:

    • The initial overpayment notice if available, and

    • Notices related to a waiver request and/or appeal of the overpayment, and

    • Followup notices.

    b. Copies of any reports of contact and correspondence from debtors (and their attorneys, if applicable).

    c. Replies to debtor/attorney correspondence.

    d. A copy of an SSA-632-BK (completed within the last 6 months) or other evidence of the debtor's ability to repay.

    e. If overpayment collection was controlled by the Recovery and Collection of Overpayment Process (RECOOP) system, a copy (provided by DCS) of the RECOOP billing alert which will provide a breakdown of contacts with the debtor.

    f. A complete explanation of (and evidence to support) the delay of more than 1 year between the time overpayment occurs and the time a determination was made (GN 02215.150B.2.).

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.

c. Folder

  • 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.

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GN 02215.170 - Handling of Overpayment Claims for Referral to DOJ - RO Procedure - 01/09/2024
Batch run: 01/09/2024