B-125102, NOV. 9, 1955

B-125102: Nov 9, 1955

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ATTORNEY AT LAW: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13. CRITCHFIELD DOES NOT HAVE FUNDS WITH WHICH TO PAY THE AMOUNT OF THE CLAIM. IT IS BELIEVED OUR PRIOR LETTER TO YOU SUFFICIENTLY SETS FORTH THE BASIS FOR THE LIABILITY OF THE DEBTOR IN THIS MATTER. THERE IS NO AUTHORITY IN OUR OFFICE TO ACCEPT OFFERS IN COMPROMISE OF AN INDEBTEDNESS. WHICH APPARENTLY IS YOUR REASON FOR DESIRING A CONFERENCE IN REGARD THERETO. SINCE THE DEPARTMENT OF JUSTICE HAS JURISDICTION TO COMPROMISE CLAIMS REFERRED TO THAT DEPARTMENT FOR COLLECTION WE ARE TAKING ACTION TO REFER THIS CASE TO THE DEPARTMENT OF JUSTICE AND IT IS ASSUMED THAT THE PROPER UNITED STATES ATTORNEY OF THAT DEPARTMENT WILL CONTACT YOU IN REGARD TO THE INDEBTEDNESS AS SOON AS POSSIBLE.

B-125102, NOV. 9, 1955

TO MR. CARL J. VOGT, ATTORNEY AT LAW:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 13, 1955, IN REPLY TO OUR LETTER OF SEPTEMBER 14, 1955, RELATIVE TO THE INDEBTEDNESS OF MRS. RUTH P. CRITCHFIELD (FORMERLY RUTH COX), 3427 SYCAMORE DRIVE, STOW, OHIO, IN THE AMOUNT OF $2,879.90, ON ACCOUNT OF AN OVERPAYMENT MADE TO HER UNDER THE SERVICEMEN'S INDEMNITY ACT OF 1951 (65 STAT. 33).

YOU APPEAR TO QUESTION THE PROPRIETY OF THE GOVERNMENT'S CLAIM AND STATE THAT MRS. CRITCHFIELD DOES NOT HAVE FUNDS WITH WHICH TO PAY THE AMOUNT OF THE CLAIM. YOU ALSO SUGGEST THAT WE ARRANGE A CONFERENCE IN AKRON OR CLEVELAND, OHIO, BETWEEN YOU AND A "LOCAL REPRESENTATIVE" OF OUR OFFICE IN ORDER THAT A CONCLUSION MAY BE REACHED WHICH WOULD BE EQUITABLE TO THE GOVERNMENT AND MRS. CRITCHFIELD.

IT IS BELIEVED OUR PRIOR LETTER TO YOU SUFFICIENTLY SETS FORTH THE BASIS FOR THE LIABILITY OF THE DEBTOR IN THIS MATTER. IN VIEW THEREOF, WE WOULD NOT BE AUTHORIZED TO ABSOLVE MRS. CRITCHFIELD FROM LIABILITY FOR THE ERRONEOUS PAYMENTS. MOREOVER, THERE IS NO AUTHORITY IN OUR OFFICE TO ACCEPT OFFERS IN COMPROMISE OF AN INDEBTEDNESS, WHICH APPARENTLY IS YOUR REASON FOR DESIRING A CONFERENCE IN REGARD THERETO. HOWEVER, SINCE THE DEPARTMENT OF JUSTICE HAS JURISDICTION TO COMPROMISE CLAIMS REFERRED TO THAT DEPARTMENT FOR COLLECTION WE ARE TAKING ACTION TO REFER THIS CASE TO THE DEPARTMENT OF JUSTICE AND IT IS ASSUMED THAT THE PROPER UNITED STATES ATTORNEY OF THAT DEPARTMENT WILL CONTACT YOU IN REGARD TO THE INDEBTEDNESS AS SOON AS POSSIBLE.

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