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APR 28 1998
To: Lenders, Holders, and
Servicers Participating in the Health Education Assistance Loan (HEAL) Program
Subject: Required Documents
for Unable to Serve Claims
Lender Policy Memorandum L-1998- 10
HEAL regulation §60.40(c)(1)(iii)(B)
requires lenders to submit a collection history when submitting a default claim
for reimbursement. Lender Policy Memorandum L-89-11 specifies the documents
to be submitted as part of a collection history if a loan is litigated and a
judgment is obtained. However, in an unable to serve claim, even though litigation
is initiated, a judgment is not obtained because the complaint and summons cannot
be served on the borrower. The purpose of this policy memorandum is to clarify
the specific documents required as part of the collection history for all unable
to serve claims. A tender or holder must include the following documents with
any unable to serve claim package:
- A copy of the complaint
filed;
- A copy of the summons
to be served; and
- At least one proof of
return of service document signed and dated by the official attempting to
serve. This document must also state the time, place, and date of attempt
to serve as well as the name of the borrower(s) being served and the reason(s)
why the borrower(s) could not be served. Three attempts to serve are required
for accounts $ 10,000 or greater; one attempt for accounts below $ 10,000.
Fewer than three attempts are acceptable if attempted service is conducted
by officers of the court (public service).
The issuance of this policy
memorandum should not be taken to imply, implicitly or explicitly, that the documentation
requirements for unable to serve claims are currently any less or different than
those specified above. In fact, current documentation requirements for unable
to serve claims are the same as those specified above. The purpose of this memorandum
is to clarify and re-state these requirements.
If you have any questions regarding this memorandum, please
contact Dr. Ram B. Jain, Chief, HEAL Program Operations at (301) 443-1540 or
at Rjain@HRSA.DHHS.GOV.
Stephen J. Boehlert
Associate Division Director, HEAL
Division of Student Assistance
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