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B-197984 1 (1980-06-11)

handle is hein.gao/gaobactye0001 and id is 1 raw text is: .4 I I 0 I United States General Accounting Office Office of \Yashington, DC 20548 General Couns9I In Reply Refer to: B-197984 JUN 11 1980 Lieutenant Colonel Donald C, Nichols, USAF, Retired 4305 Hakupapa Street - Honolulu, Han'ail 96818 t. pmbte rensia 4 *. Dear Colonel Nichols; Thij' is in response to your letter of April 14, 1980, in which you raised the question of the applicability of a statute of limitations against the Government in any claim which it might have against you in th - future, 'our question arises as the result of our decision B-197984, April 30, 1980, involving a shipment of your household goods in connec- ti'rn with a permanent change of station. We concluded that the collea- A tir, of $77.13 from you due to the excess weight of the shipment was proper. In that case you contended that the shipment of the excess wetght had been authorizedt but you did not have a copy of the message,, nor could the message be found in Government records. You now ask if there is a statute of limitations applicable to the Government which would preclude a claim being asserted against you sometime in the future which arose in connection with a permanent change of station or temporary duty assignment when the orders, messuges, etc., authorizing that move cannot be produced by you. With the enactmient of ?ub. L. 89-505, July 18, 1966, 80 Stat. 304, Congress imposed a general statute of limitations on civil actions brought by the United States. See 28 U.S.C. § 2415. The law provides in section 2415(a)'that every action for money damages brought by the United States whichin founded upon any contract express or implied in law or fact, shall be forever barred unless the complaint is filed within 6 yearn after the right of action accrues. SimilArly, section 2415(d) imposes a 6-year statute of limitations on actions brought by the United States to recover money erroneously paid to a Federal employee or member of the uniformed vervice. This limitation on actions Iby the Governent, however, is not A applicable to administrative setc'ff by the Govrnment for debts owed it from amounts otherwise due an individual, in certain cases. See 58 Comp. Gen. 501 (1979) and 28 U.S.C. § 2415(f, However, as a 1

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