PART 4-DOUBTFUL ACCOUNTS AND CLAIMS Section 4.1 Doubtful accounts and claims; transmission to the General Accounting Office; notification to claimants. No payment involving a doubtful question of law or fact shall be hereafter made by any disbursing officer or agent of the United States except pursuant to specific statutory authority or by direction given in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 20), to which reference must appear on the voucher covering such payment, and all such doubtful accounts or claims should be promptly transmitted or returned to the General Accounting Office complete with all material papers, administrative report in detail with recommendations, and quoting official title of available appropriation or fund, for direct settlement. Claimants should be briefly informed of such transmittal to the General Accounting Office, where jurisdiction is exclusive unless and until presented to a court of competent jurisdiction or to the Congress, and there should be no further administrative action other than such supplemental reports to the General Accounting Office as conditions may warrant as it may tend to complicate matters rather than aid the expediting of final action. Claims will not be considered unless presented in writing over the bona fide signature and address of the claimant and only the claimant will be recognized therein except pursuant to his duly executed power of attorney. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Sec. 1, Regs. 50, Apr. 21, 1926] Sec. PART 5-APPLICATIONS FOR SETTLEMENT FOR 5.1 Standard form of application. Sec. 5.2 Use of Standard Form 1055. Section 5.1 Standard form of application. Applications for settlement by the General Accounting Office of claims covering amounts due deceased or incompetent creditors of the United States will be made as hereinafter provided on Standard Form 1055,2 which is 'Form of application. Standard Form No. 1055 Form approved by Comptroller General U. S. December 2, 1932 NOTICE.-Read carefully instructions on back before executing this applica tion. APPLICATION FOR PAYMENT OF AMOUNTS DUE DECEASED OR INCOMPETENT CIVILIAN EMPLOYEES, OFFICERS, AND ENLISTED MEN IN THE MILITARY SERVICE, AND PUBLIC CREDITORS OF THE UNITED STATES Amounts due from the United States in excess of $500 (except certain United States Veterans Administration claims) may be paid only to the legally appointed executor or administrator of the estate of the decedent, or as may be ordered by the Court. In case of incompetency, all amounts due must be paid to the guardian or committee of the estate of the incompetent, or as may be ordered by the Court. hereby prescribed for the purpose. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.Č. 49, 52 (f)) [Sec. 1, Regs. 42, Supp. 1, Feb. 23, 1928] was (His or her) (He or she) (Name of decedent or incompetent) was a resident of the city of intestate or was declared incompetent) (If civilian employee, active or retired, give name of department or establishment and bureau or office; if an officer or enlisted man, active, retired, or pensioned, in Army, give rank and organization, or if in Navy or Marine Corps, give rank, vessel or station and serial number; if public creditor, give connection) 3. That at the time of decease or incompetency there remained due and unpaid to (His or her) from the United States the sum of Cents ($--- --), (Him or her) Dollars and for the payment of which application is hereby made. 4. That at the time of decease or incompetency there existed the (His or her) following-described unpaid official checks and/or warrants, drawn to order as payee, and for the payment of which application is hereby made: (His or her) (Executor, administrator, guardian, or committee) of decedent or incompetent, as appears from the certificate of the Court, county of herewith, taken out in the interest of State of (Give name, address, and relationship of interested relative or creditor) or 6.* That the decedent left no assets subject to administration, except the sum or sums above claimed to be due from the United States and *In case of testacy, intestacy with administration of estate, or incompetency, fill out paragraphs 1, 2, 3, 4, 5, and 6 (j) when applicable, omitting remainder of paragraph 6 and the affidavit of corroborating witnesses. In case of intestacy without administration of estate, fill out paragraphs 1, 2, 3, 4, and 6 (a-i) when applicable, and the affidavit of corroborating witnesses, omitting paragraph 5. Page 12 5.2 Use of Standard Form 1055. The claims to be applied for on the standard form embrace arrears of pay, etc., of deceased or incompetent civilian employees of the various departments and inde (List other assets left by decedent and give approximate value) that there has been no administration upon such estate and if this claim is paid no administration will be required, and that the answers to the following questions are true and correct to the best of my knowledge and belief: (a) What was your relationship to the intestate? (State whether widow, husband, child, grandchild, father, mother, brother, or sister of the whole or half blood, child of deceased brother or sister of the whole or half blood, nephew, or niece) (b) Have the funeral expenses been paid? (c) If so, by whom, and state amount? (d) Was payment made out of funds belonging to the estate of the intestate? (e) If not, was payment made by you out of your own personal funds? (The receipted itemized bill of the undertaker must be attached hereto.) [Back of Form No. 1055] (f) If the intestate left a surviving widow, husband, child or child of a deceased child, enter below the name of each and relationship to the intestate, together with the name of deceased child of the intestate who was the parent of surviving grandchildren. NAME OF SURVIVOR ADDRESS RELATIONSHIP TO (g) If the intestate is survived by parents, enter below the name of each; if one parent is deceased, so state; if the surviving father has abandoned the support of his family, so state. NAME OF SURVIVOR ADDRESS RELATIONSHIP TO (h) If the intestate left a brother or sister of the whole or half blood, or child of a deceased brother or sister of the whole or half blood, enter below the name of each and relationship to the intestate, together with the name of deceased brother or sister of the intestate of the whole or half blood who was the parent of surviving nieces and nephews. NAME OF SURVIVOR ADDRESS RELATIONSHIP TO Page 13 pendent establishments and deceased or incompetent officers and enlisted men in the military service, payments due deceased or incompetent individual contractors or other deceased or incompetent public creditors of the United States for supplies furnished or services performed, and claims of whatever character against the United States covering amounts due deceased or incompetent creditors which are for the General Accounting Office to adjust by direct settlement. (i) Have you received the benefit of any exemption or allowance from the estate of the deceased, and if so, to what extent? (j) State any additional facts on which you base your claim to any amount or amounts found due: (Signature by mark must be witnessed) (Signature by mark must be witnessed) Also personally appeared before me both of of____. acquainted with the above-named and with with (His or her) county of (Signature of applicant) (Signature of applicant) State who, being duly sworn, say that they were well (Name of decedent or incompetent) family and affairs; that they are well acquainted the applicant herein; that they have read the statements made by the applicant in the foregoing affidavit and that such statements are true to the best of their knowledge and belief. (Signatures by mark must be witnessed) (Sign here) (Sign here) (Signatures by mark must be witnessed) Subscribed and sworn to before me by applicant and corroborating witnesses this day at of Amounts due to the estates of deceased creditors of the United States are payable primarily to the executors or administrators of the estates of such creditors. In each such case a short certificate of letters testamentary or of administration, if issued, with a showing whether still in force and effect, and this application signed by the executor or administrator, shall be submitted to the proper official. If an executor or administrator has not been and will not be appointed and an amount not in excess of $500 is due the estate of a deceased creditor of the United States, the amount due may be paid to the person or persons who under the laws of the domicile of the decedent or an applicable Federal statute would be entitled to receive the money if administration were had. In such case this form of application should be executed by such person or persons and submitted to the proper official. In case of an incompetent creditor, a short certificate showing the appointment and qualification of a guardian or committee of the estate of the incompetent, whether bond, if required, has been given, and whether appointment is still in force and effect, and application on this form for the payment of the sum or sums from the United States, signed by the guardian or committee, shall be submitted to the proper official. Payments to be made on this form are for the convenience and accommodation of the claimants and the burden of proving the existence of the conditions under which such payments may be made rests upon them. 10-1844 Page 14 The standard form will also be used for making claim for payment of unpaid checks or warrants drawn to the order of Government creditors as payees, but which can not be paid because of their death or incompetency. This requirement applies not only to checks drawn by disbursing officers by whatever title known, but by the Treasurer of the United States based on warrants, and to pension, civil service retirement and all other classes of Government checks drawn on the Treasurer of the United States or other authorized Government depository, except checks drawn on local banks by postmasters under authority of section 3847, Revised Statutes (amended), and interest checks on the public debt. (Secs. 309, 311 (f), 42 Stat. 25; 31 U.S.C. 49, 52 (f)) [Secs. 2, 3, Regs. 42, Supp. 1, Feb. 23, 1928] Sec. PART 6-CHECKS AND WARRANTS TO DECEASED OR INCOMPETENT PAYEES 6.1 Classification of checks, the payees of which are deceased or incompetent. Sec. 6.5 Checks which should be forwarded to Chief Disbursing Officer, Treasury Department. Nonapplicability of Bulletin No. 2, 1922 to interest checks, powers of attorney, and certificates of authority to indorse warrants or checks. 6.2 Checks and warrants which should 6.6 be forwarded to the Comptroller General of the United States. 6.3 Applications for proceeds, by whom to be made. 6.4 Applications for proceeds, evidence required, and form to be used. Section 6.1 Classification of checks, the payees of which are deceased or incompetent. (a) Checks, the payees of which are deceased or incompetent, are classified for the purposes of the disposition of their proceeds as follows: (1) Checks drawn without vouchers, which bear underneath their number a letter or letters "A" or letter or letters "B", and which were delivered to the payees in person, or delivered prior to the death of the payees to anyone authorized to receive them for the payees. (2) Checks drawn without vouchers, which bear underneath their number the letter or letters "A" or letter or letters "B", and which were not delivered to the payees in person, nor delivered prior to the death of the payees to anyone authorized to receive them for the payees. (3) Checks drawn with vouchers and which bear underneath their number a letter or letters "C". (4) Checks for refundments from retirement fund; and checks to annuitants who die on or after the last day of the periods covered by the checks. (5) Checks to annuitants who die prior to last day or periods covered by the checks. Page 15 |