When the FDIC refers a past-due, legally enforceable debt to FMS for tax refund offset, it will certify to FMS that:

1. (a) The debt is past due and legally enforceable in the amount submitted to FMS and that the FDIC will ensure that collections are properly credited to the debt;
2. (b) Except in the case of a judgment debt or as otherwise allowed by law, the debt is referred for offset within ten years after the FDIC's right of action accrues;

3. (c) The FDIC has made reasonable efforts to obtain payment of the debt, in that it has:

   1. (1) Submitted the debt to FMS for collection by administrative offset and complied with the provisions of 31 U.S.C. 3716(a) and related regulations;
   2. (2) Notified, or has made a reasonable attempt to notify, the debtor that the debt is past-due, and unless repaid within 60 days after the date of the notice, will be referred to FMS for tax refund offset;
   3. (3) Given the debtor at least 60 days to present evidence that all or part of the debt is not past-due or legally enforceable, considered any evidence presented by the debtor, and determined that the debt is past-due and legally enforceable; and
   4. (4) Provided the debtor with an opportunity to make a written agreement to repay the debt; and
4. (d) The debt is at least $25.