B-182799-O.M. January 24, 1975

B-182799-O.M. January 24, 1975

Director, TCD

Returned. In view of the negative information contained in the Dun & Bradstreet, Inc., inquiry dated September 11, 1974, and in the letters of October 15 and November 15, 1974, received from the Secretary of State and Department of Motor Vehicles, State of California, respectively, indicating that the debtor is no longer located at the address shown above and that it is not on record as ever being incorporated in the State of California, and the fact that there are no responsible persons or officers against whom to proceed, further collection action is unwarranted.

Pursuant to the Federal Claims Collection Act of 1966, 31 U.S.C. Sec. 951 (1970), and the regulations promulgated thereunder, 4 C.F.R. Sec. 104 (1974), the head of an agency or his designee may terminate the collection activity and consider the agency's file on the claim closed when the inability to collect has been established. 4 C.F.R. Sec. 104.3(a) (1974). Since each bill of lading is a separate contract giving rise to an individual cause of action, none of the claims exceed the $20,000 limitation set forth in the Federal Claims Collection Act of 1966, 31 U.S.C. Sec. 952 (1970). B-170829-O.M., May 13, 1974; B-159553-O.M., February 7, 1973.

Accordingly, a caveat should be established and the papers sent to the closed files.

Paul G. Dembling General Counsel

Attachments

DEC 5, 1974

The General Counsel

TC-SR-TK-173558-EPD

Director, TCD - By J. L. Callan

Agricural Distributing Corp., Inc. - Indebtedness - $53,840.99

Herewith are the papers involving the Government's claim (TK-173558) against the Agricultural Distributing Corp., Inc., P.O. Box 950, Lomita, California, in the principal sum of $53,840.99 for excess charges paid to the debtor for the transportation of Government property during 1972 and 1973. All demands and collection efforts made by this Division have proven fruitless.

Normally, in situations involving debts of this nature, our procedures require that we submit to your Office a proposed report together with the pertinent papers relative to the debt in order that the indebtedness may be referred to the appropriate U.S. Attorney for collection.

However, in view of the negative information contained in the Dunn & Bradstreet, Inc., inquiry dated September 11, 1974, and in the respective letters of October 15 and November 15, 1974, received from the Secretary of State and Department of Motor Vehicles, State of California, indicating that the debtor is no longer located at the address shown above; that it is not on record as ever being incorporated in the State of California, and the fact that there are no responsible persons or officers against whom to proceed, we question whether further collection action in this matter is required. If so, what; if not, we request authorization to caveat the debt and send the papers to closed files.

The matter is submitted for your further advice and instructions.