20 CFR 422.835 – Debt reporting and use of credit reporting agencies
(a) Reporting delinquent debts. (1) We may report delinquent debts over $25 to credit bureaus or other automated databases.
Terms Used In 20 CFR 422.835
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
(2) We will report administrative debts owed by individuals to consumer reporting agencies pursuant to 5 U.S.C. § 552a(b)(12). We may disclose only the individual’s name, address, and Social Security number and the nature, amount, status, and history of the debt.
(3) Once we refer a debt to the Department of the Treasury (Treasury) for collection, Treasury may handle any subsequent reporting to or updating of a credit bureau or other automated database.
(4) Where there is reason to believe that a debtor has filed a bankruptcy petition, prior to proceeding under this paragraph (a), we will contact the Office of the General Counsel for legal advice concerning the impact of the Bankruptcy Code, particularly with respect to the applicability of the automatic stay, 11 U.S.C. § 362, and the procedures for obtaining relief from such stay.
(5) If the debtor has not received prior notice under § 422.805, before reporting a delinquent debt under this section, we will provide the debtor at least 60 days notice including:
(i) The amount and nature of the debt;
(ii) That the debt is delinquent and that we intend to report the debt to a credit bureau;
(iii) The specific information that we will disclose;
(iv) The right to dispute the accuracy and validity of the information being disclosed; and
(v) If a previous opportunity was not provided, the right to request review of the debt or rescheduling of payment.
(b) Use of credit reporting agencies. We may use credit-reporting agencies to determine a debtor’s ability to repay a debt and to locate debtors. In the case of an individual, we may disclose, as a routine use under 5 U.S.C. § 552a(b)(3), only the individual’s name, address, and Social Security number, and the purpose for which the information will be used.