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Can the Treasury garnish my VA disability?

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Fearless

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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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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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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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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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