Can the IRS take 15% of my monthly social security check?

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Sub: #1 Can the IRS take 15% of my monthly social security check?
Replied on 08-13-2008, 08:14 AM
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Can the IRS take 15% of my monthly social security check?
The school that I attended had a lawsuit filed against them and the students won. The Dept of Education says that I "have" to pay this back, even though this was back in 1999-2000 and the students won their lawsuit against the school, I sent copies of the lawsuit and the winning results of the students. What is my legal rights on this, am I liable or not?
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Sub: #2
Replied on 08-13-2008, 12:26 PM
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Oh yes...they can garnish you SSI.


It is great that you won a lawsuit but the Department of Ed is not party to that action. You will need to collect on the judgement yourself against the school and then send the proceeds to the the DOE. Since the DOE was not involved in the lawsuit, sending them a copy really means nothing.

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Sub: #3 SSI Backtime settlement
Replied on 07-03-2009, 10:56 PM
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Im Owing the IRS 47000$$ can Irs Collect that money My Family said they may Look into it currious

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Sub: #4 Can The IRS Garnish My Social Security Retirement Benefits
Replied on 02-13-2011, 07:44 AM
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AnswerYES, the IRS CAN garnish your Social Security Retirement benefit! This is a relatively new program, though it was apparently authorized under legislation from several years ago. If your monthly benefit is more than $750, they may garnish 15% of your monthly benefit for taxes that are at least six months in arrears. (This doesn't apply to certain Social Security Disability benefits and perhaps other types of Soc. Sec. benefits, but it does apply to S.S. Retirement. I know, because I just got a letter from the IRS notifying me that they'll be taking $207 from my monthly payment.)

The IRS is required to notify you before it begins to garnish your Soc. Sec., but in my case the notice arrived just two days in advance. You can appeal the garnishment for reasons of "hardship," but you should do it immediately upon receiving the notice, or they'll garnish your next payment.

Actually, it is the Treasury Dept. that has the authority to withhold any money owed to the federal government out of any U.S. Treasury payments to its citizens or suppliers. Treasury writes ALL checks for the government, so they were given the authority....don't forget the oldest rule: You cannot escape death and taxes, so please pay your taxes, and hope for a long life.

While notice of an SS payment holdback needs to be given, (unlike most of the other offsets the government may make on payments it sends), an argument that you weren't given enough time would likely fall on deaf ears...you were more than likely well advised and given protest/dispute opportunities about the DEBT that is being paid - and failed to adequately respond or say why you didn't owe it and the Government was wrong in demanding payment...perhaps thinking there wasn't much they could do? Garnishment of SS is well on in the collection process.




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