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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 34560
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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I got out the Navy 2008 a month early on some type of leave

Customer Question

Hi...I got out the Navy 2008 a month early on some type of leave early out. A year or so later the end of 2009 beginning 2010 DFAS sends me a letter saying I was over paid. I tried to challenge them but they said it didn't matter. I was paying for a year or so I was having financial difficulty. A year after that I became homeless. It was charged off. I am still living just above water now. I've been working and I filed taxes they took my entire return. I was using it to catch up on my rent. Can I turn in a waiver or remission for financial hardship to get my return back. I am a single parent and I facing eviction. Are there status of limitation? What can I do? What should I say on the waiver or remission? Which would be better? Please help
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 truly sorry for this dilemma.

There is no statute of limitations for this debt. They can continue to collect for as long as you are alive.

And they will not give you your return back...that simply will not happen.

It is possible to request a waiver of the debt...either full or partial. A waiver means that the forgive the debt (you no longer have to pay it). But, frankly, what you are describing, it sounds like it may even be too late for that.

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 you can get your return back, 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.

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