Legal Question in Credit and Debt Law in Virginia

Can gov. take disabilty for repay

In 1989 I went to hospital for PTSD and lost my house while hospitalized. Now 10 years later VA house loan people want to take mor money from Disability check that I now recieve for PTSD. They take 300. I owe 12,000. My quandry is can they just take money from me for a condition that US caused?


Asked on 9/07/00, 11:16 am

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Can gov. take disabilty for repay

This involves a matter of federal regulation in an area I'm not familiar with, so this will be of limited use to you.

It depends on how the debt arose upon which they're now claiming part of the payments. If they got a judgment in court, then your rights at this point are limited - you should have taken action to oppose them at the time, or as soon as you learned that they'd obtained a judgment. Ten years is probably too long to wait to contest a judgment, even if it was obtained by fraud, unless you've got a good reason. If it's an administrative setoff, or some such thing as that, based on a contract or benefits law, then I'd say you probably can contest it, but it won't be easy and you need an attorney who understands the regulations. You might want to call the local branch of the Legal Services Corporation.

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Answered on 10/06/00, 6:17 am


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