SAMPLE Third and Final Demand Letter
Dear [Claimant Name]:
This letter is in further reference to your debt in the amount of [$], which resulted from the overpayment of benefits in your case.
Because 30 days have passed and we have not received payment or an indication that you intend to repay this money, your debt is now considered to be delinquent. Interest will therefore be assessed at the rate which applied when you received your first notice of indebtedness, or [$]. We may add penalty charges of 6% per year for any portion of the debt remaining delinquent for more than 90 days and administrative charges.
We may refer the debt to a credit bureau and to the Department of the Treasury for administrative offset if payment is not made within 60 days of the date of this letter. Information which will be given to a credit bureau is limited to your name, address and social security number; the amount, status and history of the debt; and the program under which the debt arose, that is, the Energy Employees Occupational Illness Compensation Program.
Once your debt has been referred to the Department of the Treasury, administrative charges will be added to the current principal amount. These charges, which are computed as a percentage of the debt, reflect our collection cost. They are authorized by the Debt Collection Improvement Act of 1996 (Public Law 104-134). This referral will therefore result in a large increase in the size of your debt.
You may avoid these outcomes by sending a check in the amount stated above. Make your check payable to U.S. Department of Labor, OWCP, and include your EEOICPA file number on the check. Send it to:
U.S. Dept. of Labor
P.O. Box 77247
Washington, DC 20013
As you have been advised previously, you have certain rights with respect to referral of your debt to the Department of the Treasury or to credit bureaus:
§ You may inspect and request copies of your records about this debt;
§ You may contact us to enter into a mutually agreeable written repayment agreement; and
§ You may request a review of our determinations about the amount of your debt, its past-due status, and its legal enforceability. To exercise this right, you must state your request in writing, state your reason(s) for challenging our determinations, and sign your statement. If you believe that any information of record concerning your debt is not accurate, timely, relevant, or complete, you must provide information or documentation to support your belief.
If you wish to enter into a written repayment agreement, contact me immediately at [insert telephone number].
Unit Chief for Policies,
Regulations and Procedures
Notice to Customers Making Payment by Check
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment.