§ 3728. Setoff against judgment

• (a) 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.
• (b) The Secretary shall—
  • (1) discharge the debt if the plaintiff agrees to the setoff and discharges a part of the judgment equal to the debt; or
  • (2)
    • (A) 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
    • (B) have a civil action brought if one has not already been brought.
• (c) 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.