United States Code
USC most recently checked for updates: Jan 30, 2023
Setoff against judgment
The Secretary of the Treasury shall withhold paying that part of a judgment against the United States Government presented to the Secretary that is equal to a debt the plaintiff owes the Government.
The Secretary shall—
discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
withhold payment of an additional amount the Secretary decides will cover legal costs of bringing a civil action for the debt if the plaintiff denies the debt or does not agree to the setoff; and
have a civil action brought if one has not already been brought.
If the Government loses a civil action to recover a debt or recovers less than the amount the Secretary withholds under this section, the Secretary shall pay the plaintiff the balance and interest of 6 percent for the time the money is withheld.
cite as: 31 USC 3728