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B-184727 1 (1977-02-14)

handle is hein.gao/gaobaddwu0001 and id is 1 raw text is: THE C IMPTROLLE1 WEIERAL DECISiON - ,) OF THE UNuITED eTATES LA WASHINGTON. D. C. 20540 C) FILE: 3-184727 OATE: February 14, 1977 MATTER OF: Payment to Judgment creditor of corporation owed oney by United States Army DIGEST:There is no bas.is in Army Regulations by which moneys oied by Army to firm of Frigorifico Parents, Inc., for debt incurred by Puerto Rican National Guard can be paid to judgment creditor of Frigorifico since thcre has not been valid voluntary assignment in accordance with statutory and regulatory provisions limiting such assign- ments and no bankruptcy proceedings have been initiated. Furthermore, facts do not support argument that Frigorifico's claim against the United.States was assigned to creditors by operation of law, in which case anti- assignment provisions would not be applicable, since claim was not transferred pursuant to action of Court.. Major R.G. Shaffer, an authorized Finance and Accounting Cfficer for the United States Army at Fort McPherson, Georgia, has requebted out decision as to whether moneys owed by the Army to the firm of 'Prigorificc Parente, Inc. (Frigorifico),.representing a debt tncurred by the Puerto Rican National Guard, can properly be paid to ramara de Comerciantes Mayoristas (Camara)--the judgment creditor of rrigorifico. Based on the information contained in the Arcounting Officer's sub- mission and in other pertinent documents, the facts concerning this matter are as follows. During 1974, the Puerto Rican National Guard ordered various food- stuffs from Frigorifico, thereby incurring a total indebtedness of at least $3,945.82. Prior to payment of this debt by the United States Army, Camara filed suit against rrigorifico on May 4, 1974, in the Superior Court of Puerto Rico to recover moneys owed by Frigorifico in payment for certain mercandise purchased on credit. On May 13, 1974, pursuant to a writ of attachment issued by the Superior Court, the Marshal was directed to attach property belonging to Frigorifico, including its accounts receivable, in order to secure the effectiveness of any judgment that might subsequently be entered in Camara's favor. In ita answer to Camara's complaint, Frigorifico necepted all of the allegations set forth in the complaint. Consequently, on June 1.3, 1974, the court entered a judgment on the pleadings ordering defendant Frigorifico to pay Camara the sun of $586,45?.59. -1- -- . ;~1: VAq.

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