A major responsibility of the Attorney General, the Civil Division, and the United States Attorneys is recovering sums owed the United States. Prompt action should be taken to collect such debts, including the filing of suits, obtaining judgments, and enforcing judgments. Prompt and effective action is necessary if debtors are to respect the government's ability and will to collect these debts and if the public is to have confidence in the institutions of government. Prompt and effective action is also important to avoid a statute of limitations barring a claim. See 28 C.F.R. § 0.171. It is important that agency referrals be screened to ensure compliance with the Federal Claims Collection Standards, the joint regulations promulgated to implement the Debt Collection Improvement Act. 31 U.S.C. §§ 3701 et seq., and the Federal Claims Collection Standards, 31 C.F.R. Parts 900-904. In particular, for money claims which come within the USAOs' delegated authority, see 28 C.F.R. Part 0, Subpart Y, Appendix, referrals of such claims should be made through the National Central Intake Facility. Referrals of other claims should be made to the Commercial Litigation Branch.

An appropriate supersedeas bond, or other action to protect the government’s interest, should be required in every appeal by a defendant in a collection case. In no case should there be an assignment of any interest of the government in any money judgment, lien, or chose in action involved in any case or matter within the general jurisdiction of the Civil Division, without express approval from the Civil Division. Appropriate action should be taken to perfect judgment liens and to renew such liens before their expiration.

The Commercial Litigation Branch should be consulted with respect to the collection of judgments against states and other governmental bodies. In such instance, pre-filing notice to the appropriate official is usually required as a matter of comity.

[updated April 2018]