(a) General conditions. CMS may temporarily suspend collection action on a claim if the following general conditions are met—
- (1) Amount of future recovery. CMS determines that future collection action may result in a recovery of an amount sufficient to justify periodic review and action on the claim by CMS during the period of suspension.
(2) Statute of limitations. CMS determines that—
- (i) The applicable statute of limitations has been tolled, waived or has started running anew; or
- (ii) Future collections may be made by CMS through offset despite an applicable statute of limitations.
(b) Basis for suspension. Bases on which CMS may suspend collection action on a particular claim include the following—
- (1) A debtor cannot be located; or
(2) A debtor—
- (i) Owns no substantial equity in property;
- (ii) Is unable to make payment on CMS's claim or is unable to effect a compromise; and
- (iii) Has future prospects that justify retention of the claim.
- (c) Locating debtors. CMS will make every reasonable effort to locate missing debtors sufficiently in advance of the bar of an applicable statute of limitations to permit timely filing of a lawsuit to recover the amount of the claim.
- (d) Effect of suspension on liquidation of security. CMS will liquidate security, obtained in partial recovery of a claim, despite a decision under this section to suspend collection action against the debtor for the remainder of the claim.