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CFR › Title 38 › Chapter I › Part 1 › Section 1.953

38 CFR 1.953 - Minimum amount of referrals to the Department of Justice.

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§ 1.953
Minimum amount of referrals to the Department of Justice.
(a) Except as otherwise provided in paragraphs (b) and (c) of this section, VA shall not refer for litigation claims of less than $2,500, exclusive of interest, penalties, and administrative costs, or such other minimum amount as the Attorney General shall from time to time prescribe. The Department of Justice (DOJ) shall promptly notify referring agencies if the Attorney General changes this minimum amount.
(b) VA shall not refer claims of less than the minimum amount prescribed by the Attorney General unless:
(1) Litigation to collect such smaller claims is important to ensure compliance with VA's policies or programs;
(2) The claim is being referred solely for the purpose of securing a judgment against the debtor, which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. 3201 and returned to VA for enforcement; or
(3) The debtor has the clear ability to pay the claim and the Government effectively can enforce payment, with due regard for the exemptions available to the debtor under State and Federal law and the judicial remedies available to the Government.
(c) VA should consult with the Financial Litigation Staff of the Executive Office for United States Attorneys, in DOJ, prior to referring claims valued at less than the minimum amount.
(Authority: 31 U.S.C. 3711 ; 38 U.S.C. 501 )
[69 FR 62200, Oct. 25, 2004]

Title 38 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-02-11; vol. 78 # 28 - Monday, February 11, 2013
    1. 78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Interim final rule.
      Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.
      38 CFR Part 1

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 31 - MONEY AND FINANCE

§ 1311

§ 1316

§ 3711 - Collection and compromise

§ 3712 - Time limitations for presenting certain claims of the Government

§ 3713 - Priority of Government claims

§ 3714 - Keeping money due States in default

§ 3715 - Buying real property of a debtor

§ 3716 - Administrative offset

§ 3717 - Interest and penalty on claims

§ 3718 - Contracts for collection services

§ 3719 - Reports on debt collection activities

USC : Title 38 - VETERANS’ BENEFITS

§ 501 - Rules and regulations

§ 5009

USC : Title 39 - POSTAL SERVICE

§ 3220 - Use of official mail in the location and recovery of missing children

Presidential Documents

Executive Order ... 9865

Executive Order ... 10096

Title 38 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 1 after this date.

  • 2013-02-11; vol. 78 # 28 - Monday, February 11, 2013
    1. 78 FR 9589 - Disclosures To Participate in State Prescription Drug Monitoring Programs
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Interim final rule.
      Effective Date: This rule is effective on February 11, 2013. Comment Date: Comments must be received on or before April 12, 2013.
      38 CFR Part 1