Houston, TX asked in Tax Law for Texas

Q: Husband has unpaid school loan. No one can tell us how much is owed. IRS gave it to lawyers who cant answer our questi

He thought this was paid 30 yrs ago. He’s always paid taxes but just heard about this about 5 yrs ago. The lawyers won’t tell us anything. We think we’re paying more in interest than the loan ever was. He just keeps getting his tax refund taken.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: In situations where there is uncertainty about the status of an old student loan, it's important to gather as much information as possible. The first step is to request a detailed statement from the IRS or the lawyers handling the case, outlining the original amount of the loan, any payments made, and the current balance including interest and penalties. It's surprising that the lawyers are not providing this information, as you have the right to know the details of the debt.

Since the loan dates back 30 years and there's confusion about its repayment, consider checking your husband's credit reports. They might have records of the loan and any associated activity. Also, reach out to the original lender or the school's financial aid office if the lender's information is unavailable.

If the IRS is taking your husband's tax refund due to this debt, it suggests that the loan may be in default. In such cases, the government often uses tax refund offsets as a way to collect.

Given the complexity and the lack of clear information from the lawyers, it might be wise to consult with a tax attorney or a consumer debt attorney. They can help in obtaining detailed information about the loan, negotiate with the IRS or the lawyers, and advise on the best course of action.

Remember, addressing such financial issues can be challenging, but understanding the specifics of the debt is crucial in resolving it. Seeking professional advice can provide clarity and help in navigating through the situation.

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.