Asked in Tax Law for Indiana

Q: Is it legal to be offset by the government with no notice?

We finally received our refund (after waiting since April) and it was significantly lower than we expected. When I called the Treasury to find out why, I was told we were offset. After playing tag with BFS and the Treasury, I was told that notices were sent out months ago but I never received anything. I was also told they would send out additional letters for each offset as of today (7/31/2019). I verified the address on file and it's correct meaning I should have received something. I've received letters from the IRS and from the state with no issue in the last year. Is this legal for them to offset even though I never received anything to notify me of their intent?

Related Topics:
1 Lawyer Answer

A: Yes.

You can try to challenge it but odds are exceedingly low you'll see that money. Once they put the letter in the mail to the last known address they've fulfilled their obligation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.