B-127720, JAN. 18, 1957
Highlights
THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 31. OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK. THE RECORDS OF OUR OFFICE SHOW THAT THE CHECK INVOLVED WAS NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE. YOUR CLAIM WAS FILED HERE BY LETTER DATED NOVEMBER 24. WAS RECEIVED NOVEMBER 28. THIS IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO THE MATTER WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE. IS CORRECT AND MUST BE SUSTAINED. WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.
B-127720, JAN. 18, 1957
TO MR. LIONEL J. BARIL:
YOUR LETTER OF NOVEMBER 20, 1956, TO THE PRESIDENT OF THE UNITED STATES, REGARDING THE ACTION OF OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR THE PROCEEDS OF TREASURY (CIVIL SERVICE RETIREMENT) CHECK NO. 5,214,214, FOR $147.16, DRAWN TO YOUR ORDER SEPTEMBER 1, 1942, BY G. F. ALLEN, SYMBOL 89,923, HAS BEEN REFERRED TO US FOR CONSIDERATION.
THE CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED JANUARY 31, 1956, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH PROVIDES THAT---
"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'
THE RECORDS OF OUR OFFICE SHOW THAT THE CHECK INVOLVED WAS NEGOTIATED AND PAID AND SUBSEQUENTLY DESTROYED PURSUANT TO LAW. WE ARE UNABLE, THEREFORE, TO SEND YOU A PHOTOSTATIC COPY OF THE CHECK TO ENABLE YOU TO EXAMINE THE INDORSEMENTS THEREON.
YOUR CLAIM WAS FILED HERE BY LETTER DATED NOVEMBER 24, 1955, AND WAS RECEIVED NOVEMBER 28, 1955. THIS IS THE EARLIEST DATE ANY CORRESPONDENCE RELATIVE TO THE MATTER WAS RECEIVED IN THE GENERAL ACCOUNTING OFFICE. SINCE BY NOVEMBER 28, 1955, MORE THAN SIX YEARS HAD EXPIRED FROM THE DATE OF ISSUANCE OF THE CHECK, YOUR CLAIM IS BARRED FROM CONSIDERATION BY OUR OFFICE UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE.
ACCORDINGLY, UNDER THE FACTS AND LAW APPLICABLE IN YOUR CASE, OUR SETTLEMENT OF JANUARY 31, 1956, IS CORRECT AND MUST BE SUSTAINED, AND WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM. FURTHER CORRESPONDENCE IN THE MATTER WOULD SERVE NO USEFUL PURPOSE.