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I have a federal restitution against me for 15% of my gross

wages which was paid until...
I have a federal restitution against me for 15% of my gross wages which was paid until 2009 and have since been unemployed. Can the US Justice department transfer this debt to the IRS for collection now that I am very close to retirement age and will be eligible for Social Security. The 2001 judgment specifically said 15% of my gross income but I received a letter in 2011 from the Justice department saying they were going to transfer it to the IRS. Can they overrule the judge's order?
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Answered in 5 minutes by:
10/17/2017
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,438
Experience: 16 yrs. of trial experience
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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The IRS can not overrule a judges order...if there is a court order, then all parties must follow it.

That said, what you are describing sounds off...typically a judgment is for a "sum certain" (a particular amount of money)...if that is what happened in your case, the DOJ can assign this to another agency for collection.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
You are correct it is for a fixed amount of money. So if I am understanding you reply properly you are saying that the DOJ can assign the judgment to another agency such as the IRS for collection, however the IRS cannot do more than what the original judgment calls for which is garnish 15% of my gross income (and since Social Security is not gross income I need not worry.)
Am I understanding your reply correctly?

No. That is not correct. If you have a money judgment, that can be enforced by SS or the IRS by garnishing your benefits. If you owe money to the federal government, the law allows the federal government to recoup that money from benefits like SS.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 month ago
Final question. Then in fact according to your professional opinion - Even though the Judgment clearly specifies "15% of my gross income" it can be amended by any federal agency without the judge's consent or even knowledge.So the court's final order (the judgment) is more or less inconsequential when it comes to the reality of the situation where an agency can garnish my SS since I no longer have a job and does not have to abide by the reading of the court's order and can disregard it.
If the federal government has a money judgment against you, they can enforce the judgment by taking your federal benefits. This is actually quite common.
This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the can not touch SS, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 35,438
Experience: 16 yrs. of trial experience
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Customer reply replied 1 month ago
I would never shoot the messenger and prefer your open candidness. I just have to hope now that they only take 15% and not all of it every month or I will have no SS at all when I do retire in a year. I will leave you a nice review.
Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil
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Customer reply replied 1 month ago
I wrote a 5 star positive review but I don't see it anywhere. More importantly I clicked to leave you a 20% tip and it redirected me to PayPal but never debited my account. Seems there is a glitch in the code somewhere and I thought you should be aware of it.

Ahh...thank you

That made my day!

:)

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