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dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 5137
Experience:  37 plus years of SSD practice
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Hello from San Diego,My name isXXXXX I started collecting

Resolved Question:

Hello from San Diego,
My name isXXXXX I started collecting SS last December 2012. I received a letter from the Department of the Treasury four (4) month ago saying I did not pay-off some student loans. The letter further states the debt I owe is to the U.S. Department of Education c/o Educational Credit Mngmt Corp. (ECMC) These loans have been paid-off in full. The total of the three loans is about $10,000. I contacted ECMC and told them these loans have been paid back in full. They sent me copies of the loan papers that I originally signed back in 1990. I do not have copies of the checks I sent them over twenty (20) years ago. The bank I had at the time (I think) was Washington Mutual. They have since gone out of business.

The Department of the Treasury is deducting $152.10 from my SS every month for student loans I paid back over twenty (20) years ago. They are doing this as authorized by Federal law called Federal offset. Is the burden of proof on me? Was I supposed to save these cancelled checks that are over twenty (20) years old? Does sending me copies of the original loan papers mean I did not pay off the loans? What gives? Gene Foss
Submitted: 2 years ago.
Category: Social Security
Expert:  dylatess replied 2 years ago.

Hello and and thank you for your question. For over 34 years, I have answered questions just like yours. And I look forward to assisting you.


yes the burden is on you to be able to substantiate that you do not owe the money. But you do have a remedy. You can go retain a consumer law attorney who will file an action demanding that the creditor provide your entire file including a payment ledger. Note, this is not something you can do yourself and will be worth the money you pay for attorney fees. Likewise, if you do nothing, the government wins and will continue to deduct from your checks.

Customer: replied 2 years ago.

Don't I have a right to their accounting under the law. Isn't there some Freedom to Information Act that allows me the right to my complete file including the ledger of payments. GF

Expert:  dylatess replied 2 years ago.
NO, the law only provides for release of your initial loan application. That is why I recommended that you see an attorney. Thanks for your understanding. Please rate my answer ok or better so that I am compensated for assisting you.
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 5137
Experience: 37 plus years of SSD practice
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