Legal Question in Civil Litigation in Texas

Litigation against the United States Department of Agriculture

I dispute the amount the USDA claim I owe as ''subsity recovery'' at the refinancing of my home mortgage from them.

Can litigation be brought against a Federal agency with

a legitimate claim?


Asked on 10/03/03, 5:51 am

1 Answer from Attorneys

Charles White Charles G. White

Re: Litigation against the United States Department of Agriculture

If it is not resolved, there is a good chance that the government will file the suit for you -- that is, there always is a possibility that they may sue you for the recovery of the alleged overpayment, in which event you can file your defenses and/or counter-claim. Alternatively, after you have exhausted your administrative challenges, you can file a suit. By that time you should have had the matter reviewed by an attorney to make certain that your position is meritorious.

Comment: If this arisis out of the refinancing of your home mortgage, it is important to know whether you are talking about the full mortgage debt or merely incidental charges related to the refinancing. If only incidental charges are involved, there may not be enough in dispute to economically justify the litigation. If you are talking about the full debt, statistically your chances of accomplishing anything probably are slim, unless you are talking about mathematical error or the like.

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Answered on 10/03/03, 11:14 pm


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