Can collection agency take income tax return if they dont notify me they are going to do this

Asked over 4 years ago - Mount Carmel, PA

collection agency will receive first payment towards defaulted student loan next week. told me about the process. do they have to sue me before they can take my tax return? can they cancel the payment agreement?

Attorney answers (1)

  1. Joshua R.I. Cohen

    Contributor Level 13

    Answered . First question: is this a federal loan or private? If private, your tax refund is safe. If federal, there are a host of more questions. Are you making payments pursuant to a "rehabilitation agreement"? If you do not know, you need to find out as soon as possible. If not rehabilitation, are you making payments that cover more than the interest? If you are in rehabilitation, or making payments under a "satisfactory plan" (which is very vague), the Dept of Ed should be notified by the collection agency which should stop any treasury offset (tax refund intercept). Your safest plan is to call the Dept. of Ed. Omsbudsman at 877 557-2575 and ask them if your account has been flagged for treasury offset. Also, let them know about your agreement with the collection agency.

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