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Can the Treasury garnish my VA disability?


Fearless
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Question

I owe ~ $1300.00 in overpayment for travel pay from 2016. I talked to a third party collector and told him I'm rated 100%. I asked him if I could make a payment arrangement for $50, but he told me the Treasury wants more than that a month, and that he could not put me down for $50 a month for 24 months. I'm trying to take care of 3 debts atm without hurting myself too much. He told me they would come after my disability if I do not pay more than that. Am I SOL? 

Edited by Fearless
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  • HadIt.com Elder

Travel pay for VA ? They usually collect on their own stuff not through  third parties. You might want to check on the validity of this.  I owed a similar amount because my sons DEA didn’t flip over to him fast enough And there was overlap. Va debt management is taking the minimum amount out of mine for about 145, but not a third party collector.

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  • HadIt.com Elder

I wouldn't work through a third party collector For a treasury Debt. Dept of treas, IRS, usually collect on their own stuff, and they can garnish pretty much whatever.

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  • Just got off the phone with the Treasury (should have done that in the first place 😋) and was told that they CAN'T touch VA disability, and that the only ones that could was the VA. 
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I think, yes, but IM not a lawyer.  

About 12 years ago, I got married.  I told them about my wife and that she had income as a nurse.  (I was on pension).  

Well in typical VA style, they did nothing for about 18 months, then sent me a letter that I owed them 6000 overpayment.  (Since I was no longer eligible for pension because of family income).  

I appealed the overpayment because:  1) It was not my fault it took VA 18 months to process this.  

and 2)   It would cause a hardship for me.  (financial).  

They approved the waiver and I had to pay nothing back!  

However, they made it clear when VA PUTS money into your account they can ALSO take it out. (Of course, they have to have a valid reason).  

Several years before that, I got treated at VA.  They had deductables and copays for meds and I didnt have the money to pay them.  Once a year they took money out of my tax return check  So, yes, the VA can "take" debt you owe them.  

(I got those deductables and copays on meds back, when I got to 100 percent and applied to get them returned).  

So, my advice is to take care of the debt.  Or they will, and you wont like the terms.  Negotiate an agreement.  If they cant take 50 per month, will they do 100 for 12 months?? Aske them and work out something that works.  

I did ask my bank and they confirmed.  When you have money "going into" your account, then it can also go the other way, because, there ARE mistakes made.  

There are restrictions on third party creditors, but VA takes money all the time..for example if you are declared incompentent to manage funds, if you owe child support ordered by a judge, etc, etc. 

I dont, however, think that, say a collection agency says you owe for a doc bill.  I dont think they can garnish your VA check for that.  But the IRS can, and VA can if there is an overpayment.  Oh, and your spouse can, if you owe child support.  

But not credit card companies, collection agencies, etc.  That is my opinion, but I dont have time to research it, tho, right now.  

Edited by broncovet
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The VA can take but from what I researched years ago no one can touch your disability check.

im not a lawyer!

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  • HadIt.com Elder

But are we talking DoTreas or VA debt management or someone else? Because they are different beasts. Would travel pay from military entity come from Dept of treas or someone.else? That's why I was concernned with security. Tis the season for debt scams. From what this says DFAS collects their own debts not Third party debt collectors. 

https://www.dfas.mil/debtandclaims/militarydebts/wasinthemilitary.html

Fearless, who are you talking with? The govt doesn't use third party collections companies. 

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  • HadIt.com Elder
8 hours ago, broncovet said:

I think, yes, but IM not a lawyer.  

About 12 years ago, I got married.  I told them about my wife and that she had income as a nurse.  (I was on pension).  

Well in typical VA style, they did nothing for about 18 months, then sent me a letter that I owed them 6000 overpayment.  (Since I was no longer eligible for pension because of family income).  

I appealed the overpayment because:  1) It was not my fault it took VA 18 months to process this.  

and 2)   It would cause a hardship for me.  (financial).  

They approved the waiver and I had to pay nothing back!  

However, they made it clear when VA PUTS money into your account they can ALSO take it out. (Of course, they have to have a valid reason).  

Several years before that, I got treated at VA.  They had deductables and copays for meds and I didnt have the money to pay them.  Once a year they took money out of my tax return check  So, yes, the VA can "take" debt you owe them.  

(I got those deductables and copays on meds back, when I got to 100 percent and applied to get them returned).  

So, my advice is to take care of the debt.  Or they will, and you wont like the terms.  Negotiate an agreement.  If they cant take 50 per month, will they do 100 for 12 months?? Aske them and work out something that works.  

I did ask my bank and they confirmed.  When you have money "going into" your account, then it can also go the other way, because, there ARE mistakes made.  

There are restrictions on third party creditors, but VA takes money all the time..for example if you are declared incompentent to manage funds, if you owe child support ordered by a judge, etc, etc. 

I dont, however, think that, say a collection agency says you owe for a doc bill.  I dont think they can garnish your VA check for that.  But the IRS can, and VA can if there is an overpayment.  Oh, and your spouse can, if you owe child support.  

But not credit card companies, collection agencies, etc.  That is my opinion, but I dont have time to research it, tho, right now.  

Third party collectors can't. I'm 100% rated  and that's all my pay - they can't Intercept it or garnish my bank directly because I don't co-mingle it with other accounts. 

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22 minutes ago, brokensoldier244th said:

Third party collectors can't. I'm 100% rated  and that's all my pay - they can't Intercept it or garnish my bank directly because I don't co-mingle it with other accounts. 

That is an excellent way to manage that. I would give ya two likes if I could. I've learned not to co-mingle accounts, unfortunately in crappy ways.

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  • HadIt.com Elder

Lol, wasnt my intent But I found out about it after some medical went to collections that took way to long for champva to pay

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One of mine I was apparently double dipping after AD and getting my SC. I didn't know at the time, but doing Reserve drills and having disability, you're supposed to report it/accept one or the other type of deal. Well, they came back at me with it about 2 years later and started to garnish. I want to say they took ALL of it for several months until it was paid. There wasn't a negotiation or anything. Just a letter and no money😂

One might say they can take far faster than they give..

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  • HadIt.com Elder
On 1/6/2020 at 10:56 AM, Fearless said:
  • Just got off the phone with the Treasury (should have done that in the first place 😋) and was told that they CAN'T touch VA disability, and that the only ones that could was the VA. 

We'll, I can tell you this much.  I was paid severance pay from the Army, NOT the VA, and later when I became disabled, the Army recouped all of my severance pay (minus taxes) from my VA comp.  I did not receive any money from the VA for 3 and a half years.

So, yes, others can get at your VA money. 

I would think my severance pay came from the same checkbook as your travel pay.

Just sayin,

Hamslice

 

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  • HadIt.com Elder

The army is not a 'third party collector'.Who he sounds like he's talking with is some debt company. If im wrong id love for the OP to reply back in with just WHO he's talking to. As I said previously, tis the season for sewer debt collections and scams, what with tax return season starting. 

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