Grounds To Fight The Government When They Seek To Take Your Tax Refund To Pay Student Loan Debt

There are a number of Defenses that Student Loan Borrowers can use if the Department of Education or its Guaranty Agencies attempt to take your Tax Refund through a Tax Offset, in order to Collect on a Student Loan Debt Obligation. These Defenses Include:

1. Cases in which the Student Loan Borrower qualifies for a False Certification Discharge based upon Ability To Benefit, Unauthorized Signature, or Disqualifying Condition, and the Student Loan Borrower has a completed discharge form;

2. Student Loan Borrower qualifies for a Closed School Discharge and has a completed discharge form;

3. Student Loan is not enforceable because of Forgery, Alteration of Loan Documents or School Related Defenses;

4. Student Loan Borrower is Partially or Permanently Disabled;

5. Student Loan Borrower has filed for Bankruptcy, either Chapter 7 or Chapter 13 Bankruptcy and the Bankruptcy Case is still open OR the Debt was Discharged in Bankruptcy;

6. The Student Loan Borrower has entered into an Agreement for Repayment with the Department of Education or the Guaranty Agency, and is making such payments according to the Agreement;
OR
7. The Student Loan Borrower has either Repaid the Student Loan OR the Social Security Number is not correct, and the Individual does not owe the Student Loan.