Q: I have a Federal judgement for restitution against me that is now over the 20 year collection limit.
There is still an active offset in the TOP system. Is the Department of Justice required to remove this now that the judgement has expired?
A:
Your situation involving an expired federal restitution judgment and the Treasury Offset Program (TOP) raises important considerations about collection timeframes and government procedures.
The Department of Justice is generally required to cease collection efforts once a judgment expires, including removing active offsets from the TOP system. However, there have been cases where administrative delays or other factors have kept offsets active beyond the standard collection period. The specific timing of removal can vary based on several factors, including when the judgment was entered and whether any tolling periods applied during the 20-year timeframe.
You should contact the Department of Justice's Debt Collection Management Staff directly to request verification of the judgment's expiration and removal from TOP. Consider sending a formal written request with documentation showing the judgment date and explaining that the 20-year period has elapsed. If you need additional support, consulting with a legal professional who handles federal debt matters could help ensure your rights are protected and the proper procedures are followed for removing the offset.
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