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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34722
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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A federal collection agency sent me a letter in reference to

Customer Question

A federal collection agency sent me a letter in reference to a debt of over payment when I was on active duty 8 yrs ago. Debt occurred in 2007. DFAS no longer has record of the order they claim they overpaid. I do not have a copy of the order and no longer in the service. I since have filed for a debt forgiveness with Dfas but was denied. Due to lack of record. And yet no one is able to tell me if this debt even valid. The collection agency started garnishing my pay...Ive called and wrote to them to dispute this debt. They said I would need to do this thru DFAS. DFAS is telling me they dont have any record except this overpayment was found during an audit. I have no idez what to do or where to even begin. Ive contacted DFAS out of service debt they also dont have any record outside of a debt was issued.
Submitted: 1 year ago.
Category: Military Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. Can you tell me, has the debt been assigned to Treasury yet? Or is it still with DFAS?

Customer: replied 1 year ago.
Expert:  P. Simmons replied 1 year ago.

Thank you
So what is your question...are you asking how to stop this?

Customer: replied 1 year ago.
What do I do to stop this garnishment when no one is able to tell me if debt is valid.
Customer: replied 1 year ago.
Debt is over 7 yrs now. Does that matter?
Expert:  P. Simmons replied 1 year ago.

THank you

I am sorry to bear bad news. There is no statute of limitations for the federal government in enforcing a debt. They could go back 7 years, or 10, or more.

And they can garnish your federal income payments without a court order (since they are the federal government).

You do have rights. You can sue them, in federal court. If you can prove you do not owe the money,the federal judge will order they stop garnishment and order returned to you any money you lost.
But you will need to use a lawyer to accomplish this (or act as your own lawyer...never a good idea)

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.

Expert:  P. Simmons replied 1 year ago.

The system indicates you have more questions? I would appreciate if you would please rate my answer

thank you