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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 14212
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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As an Soldier of my last three months of serving the Army,

Customer Question

As an Soldier of my last three months of serving the Army, they said I was paid for 30000.00 , all of our pay goes directly into a deposit for USAA Bank. My bank deposits shows as 2700.00 and the deductions were only for $2700.00 So I am being sued by collections for 30000.00 plus interest and garnished wages as well. Line Item on my W2 says wages of 30104.28, Fed with held was for $274.086, again none of this adds up to my last 3 months in the service of $30000.00. I rewuested a correction W2 they said they do not have to do anything till April of 2017. My Bank shows the correct amount of my deposits, I never received 30000.00 , only 2700.00. How can I correct this to save my credit and to get back the Army has and is taking away from me?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Colorado is where I was serving.
JA: Have you talked to anyone in the chain of command about this?
Customer: No, I am out of the Army and now my residence is in Florida.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just what I had already mentioned, the fact is the W2 is incorrect, I'm being sued for a wrong W2 form.
Submitted: 8 months ago.
Category: Military Law
Expert:  P. Simmons replied 8 months ago.

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Expert:  P. Simmons replied 8 months ago.

I am sorry for this dilemma. But not sure I understand your specific question. What is your specific question please?

Customer: replied 8 months ago.
I do not see my reply, Question is , Where , how , do I get this corrected the DFACS is not helping me they keep saying this is correct and it is not I have the bank deposits showing this is not correct, never received 30000.000 into my bank on my last 3 months of service.
Expert:  P. Simmons replied 8 months ago.

Can you tell me what is it you want to accomplish? Is this a case where they have a bill collector trying to get the money back? Or have they already taken the money they claim you owe?

Customer: replied 8 months ago.
I want to accomplish by having an attorney to point me in the direction of what I need to do to get a corrected W2 form. The collections is on my record, The Army is garnishing my wages as of the last 6 months 20% of my pay. I don't know where to turn to , to get this fixed so I can get my credit repaired, and stop garnishing of my wages, and so I can file for my taxes as well. How can I get the military to give me a correct W2 form?
Expert:  P. Simmons replied 8 months ago.

Thank you
Can you tell me what, if anything, you have done so far?

Customer: replied 8 months ago.
I requested a correct W2 form with DFAS. I never knew why they were suing me till I looked at my W2 form last week. This is their reply to me:
Under Internal Revenue Service directives, if a member receives an overpayment of a taxable item, the debt is reported under wages in the year it was incurred. Note that as the debt is repaid, we will issue a tax certificate each January for the principal amount repaid in the prior year. Questions regarding use of the tax certificate should be directed to your tax representative or the Internal Revenue Service.Chat Conversation EndI replied to them with this: (and I have not heard back from anyone!My response back to them was.... October 17, 2016
I'm stating I did not receive $27,000 "overpayment of a taxable item." "The debt is reported under wages in the year it was incurred." I didn't incur $27,000 of debt in the month I was enlisted in 2015, so I'm not sure how that answers anything. I've contacted the IRS and they said to contact DFAS to get an accurate W-2. DFAS is now saying to contact the IRS. So if neither has the answer, who do I talk to now?They have not replied to that.
Customer: replied 8 months ago.

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