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Category: Legal
Satisfied Customers: 56483
Experience:  Licensed attorney helping individuals and businesses
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The IRS took my entire federal income tax refund because of

Customer Question

The IRS took my entire federal income tax refund because of a "debt" to the Department of Education. I had missed some payments on my student loan, but it had all been sorted out months ago when I set up a payment plan to pay off the debt and had been making payments. The Department of Education says my binding agreement, the payment plan, doesn't mean anything, even though I had been making payments. I was never warned my taxes would be taken. Can this really be happening?
Submitted: 8 years ago.
Category: Legal
Expert:  INFOLAWYER replied 8 years ago.
what state are you in?
is the payment in writing?
Customer: replied 8 years ago.
New Jersey. The payment was set up over the phone....dont they have recorded phoen calls? and i have recipts of payments I had been making.
Expert:  INFOLAWYER replied 8 years ago.
If you are paid in full, you should demand the department of ed refund money wrongly taken. If it refuses you can sue for such relief and subpoena the phone records to confirm the payment arrangement as well as supply proof of your payments.
Customer: replied 8 years ago.
How do I go about suing the Dept of Ed and subpoena-ing records? Is it even worht it to continue this? Wont the lawyer costs be most of my tax return? and how long does it usually take in this kidn of case to actually see a result?
Expert:  INFOLAWYER replied 8 years ago.
How much is the refund in question?
Customer: replied 8 years ago.
Expert:  INFOLAWYER replied 8 years ago.
For this amount litigation does not make sense. Consider doing a little leg work in calling the dept of education and sending letters demanding the money back or an explanation for why they claim the money is still due.

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