Overpayment from Post Office contract?
Date: Wed, 10/28/2009 - 10:03
Meanwhile, here's the question: Can they get an administrative garnishment, as would be the case with defaulted student loans or military out-of-service pay?
bumping,maybe debtcruncher,or skydiver can answer this.
bumping,maybe debtcruncher,or skydiver can answer this.
I wonder if because the USPS is a government office that would m
I wonder if because the USPS is a government office that would make any difference, that's the first thing that came to my mind. Hmmmmm, speculating here.
That's why I'm asking, Shazz. Trying to see what the possibiliti
That's why I'm asking, Shazz. Trying to see what the possibilities are, so I'll know which way to tell him to jump. Dude's a nervous wreck!
Well, a few things come to mind. First, considering that this i
Well, a few things come to mind. First, considering that this is a government contract, the FDCPA doesn't apply to that CA (as per the definition of "debt"). All those 1692g notices, DV requirements, etc go right out the window.
Now I don't think that a debt owing to the USPS would get the same priority as unpaid taxes. Yes, the IRS can go right in and garnish a person's wages, but that's pursuant to tax laws. I can't imagine the Fed government can just come in and say "you owe the USPS money, and now we're garnishing your wages" without having to establish some burden of proof.
I really think this would be moreso a breech of contract complaint, which would have to go through civil process first and obtain judgment, before they could start any sort of garnishment or attachment.
In a sense, I might compare this to unpaid parking tickets (a debt owed to the government). I get letters from the City of Chicago all the time demanding payment and threatening to garnish my wages. I wonder if it was that easy to garnish my wages, why haven't they done it in 8 years? Answer: Because I believe they still have to go get an actual judgment first.
Other than that, I have no more light to shed. Although this example shows why I'd never want to do business with the government.
i was also thinking it's like a parking ticket.. though they can
i was also thinking it's like a parking ticket.. though they can suspend your license for that one.
Quote:Originally Posted by bea2lsi was also thinking it's like a
Quote:
Originally Posted by bea2ls i was also thinking it's like a parking ticket.. though they can suspend your license for that one. |
True. Here in IL at least, you have to have 10 unpaid tickets before they can suspend your license. I think I have 4.
Quote:Originally Posted by DebtCruncherNow I don't think that a
Quote:
Originally Posted by DebtCruncher Now I don't think that a debt owing to the USPS would get the same priority as unpaid taxes. Yes, the IRS can go right in and garnish a person's wages, but that's pursuant to tax laws. I can't imagine the Fed government can just come in and say "you owe the USPS money, and now we're garnishing your wages" without having to establish some burden of proof. I really think this would be moreso a breech of contract complaint, which would have to go through civil process first and obtain judgment, before they could start any sort of garnishment or attachment. |
Have you got any idea of what that burden of proof might be? Or where to find it?
Dude finally got me a copy of the dunning letter they sent him. It's dated 10/26/09. Looks like a typical dun for a consumer debt. I've reproduced the text below.
********************************************
((page 1))
RE: Federal Agency: US Postal Service
Amount of the Debt: (about $500.00)
Treasury Reference #: (redacted)
Dear (Name)
This letter serves as a formal notification that your delinquent debt has been placed with (Name of CA). We are a private collection agency that has been contracted by the US Department of the Treasury, Financial Management Service (FMS) to collect on your delinquent balance with the above Federal agency in accordance with the Debt Collection Improvement Act of 1996.
Due to your failure to pay this obligation, the entire unpaid balance of your debt is due and payable. Your delinquent debt(s), pursuant to the policy of of the creditor governmental unit, may have been reported to all national credit bureaus, which could inhibit your ability to obtain future credit. Additionally, the Department of the Treasury may be authorized to offset any eligible government payments your receive such as incoe tax refunds, federal retirement benefits, and/or other financial assistance if your debt is not paid. Furthermore, pursuant to the policy of the creditor governmental unit, should you consider to refuse to resolve this debt, your debt may be reviewed for possible referral by FMS to the US Department of Justice for legal action.
(Below this, there's a payment coupon)
((page 2))
You are legally responsible to pay this debt, including any accrued interest, penalty charges, fees, and collection costs if any. The total amount of debt shown above includes the amount needed to satisfy this debt.
In order to avoid further collection action, you must send payment in full, made payable to the US Department of the Treasury, along with the attached coupon or contact your (CA Name) account representative, toll free at 1-xxx-xxx-xxxx, or via email at (CA email address) and arrange to pay this debt.
Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will: obtain verification of the debt or a copy of a judgement and mail you a copy of such judgement or verification. If you request in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.
This is an attempt, by a debt collector, to collect a debt and any information obtained will be used for that purpose.
As of the date of this letter, you owe the balance shown on this letter. Because your credit agreement may require you to pay interest on the outstanding portion of your balance, as well as late charges and costs of recovery, which vary from day to day, as you agreed in your credit agreement, the amount required to pay your account in full on the day you send payment may be greater than the amount stated here. If you pay the amount stated here, an adjustment may be necessary after we receive your payment. In that event, we will notify you of any adjustment in your balance. We encourage you to call this office prior to making a payment intended to pay your account in full. Please contact this office at the address on this letter of call the number listed above.
* Please note the above bar coded address (address redacted) located in the left hand upper corner of this notice, is not the address of (name of CA). This address is for processing undeliverable mail only. Please do not send correspondence or payments to that address. Please send all payments to US Department of the Treasury - FMS, (name of CA and address removed), all other correspondence needs to go to (different address).
********************************************
Any help at all would be appreciated. I need to form a plan, and then prod this guy to get on it.
Quote:Originally Posted by DebtCruncherTrue. Here in IL at least
Quote:
Originally Posted by DebtCruncher True. Here in IL at least, you have to have 10 unpaid tickets before they can suspend your license. I think I have 4. |
I used to give out parking tickets here in California and all it takes here is one (if it is a big one, like parking in a disabled zone) and then you can't register your car until you pay off your fines, penalties and interest. I was doing my job writing a ticket for expired tags ( on a newer corvette) when the owner came a running, pleading.. showed me how me made on mistake and did not pay the fine and now had a $1200+ lein he had to pay before he could register his car. I gave him a break but told him maybe he should be working and earning a paycheck instead of at the beach on a weekday.... ha ha ha
I hope this guy has his original contract and copies of payments
I hope this guy has his original contract and copies of payments received. I would like to say it seems strange he would not know anything about this debt until the call you stated thread over, but anything is possible. They seem to be acting like the IRS...
I missed exactly when our nation became a totalitarian rule....
Believe me, I've got this poor dude humpin' to find his old pape
Believe me, I've got this poor dude humpin' to find his old papers. 