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B-200402 1 (1983-06-10)

handle is hein.gao/gaobadldn0001 and id is 1 raw text is: 0a 46f B-200402 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20548 DATE: June 10, 1983 MATTER OF: Claim of Mrs. Vu Thi Phu 1. Notarized power of attorney and accompanying statement releasing the United States from all further claims arising from lease of property, owned jointly by claimant and her husband, provide sufficient protection of United States interests. The $5,000 remaining to be paid on claim discussed in B-200402, November 6, 1981 and April 13, 1982 may now be awarded to claimant's designated representative. 2. Although anti-assignment provision of 31 U.S.C. S 3727 is applicable to power of attorney presented in this case, United States has option to waive requirements of statute when deemed appropriate. Only United States can challenge validity of defective assign- ment. Mr. Tran Quy Minh has presented us with a notarized power of attorney and a statement of Mrs. Vu Thi Phu, his former wife, asking him to act in her name to collect $5,000 of the $10,000 claim discussed in B-200402, November 6, 1981, and April 13, 1982. For the reasons given below, we find that the document submitted by Mr. Minh provides a suf- ficient basis for paying him, as representative of Mrs. Phu, the remaining $5,000. In B-200402, November 6, 1981, we determined that Mr. Minh was entitled to $5,000 on a claim against the United States for rent payments and damages of the premises at 65 and 65B Trinh Phong Street, Nha Trang, Vietnam, let by Mr. Minh to the United States between August 1965 and October 1971. We judged the reasonable value of the claim to be $10,000; however, we awarded him only half of that amount because the record showed that his former wife, Mrs. Vu Thi Phu,,might have been entitled to a portion of the payments under the lease as part of a divorce settlement with Mr. Minh. This finding was based on (a) Mrs. Phu being OECIBION FILE: DIGEST:

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