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Plaintiffs seek injunctions, require hearings for affected debtors, and contend the program improperly offsets older defaults beyond applicable limitations. 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do the lawsuits challenge regarding student loan collections?","Question",{"text":112,"@type":113},"They challenge how the Education Department and the IRS collect defaulted student loans through income tax refund offsets, alleging unconstitutional procedures that fail to provide required due-process notice and dispute opportunities.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"What remedies are plaintiffs seeking in these cases?",{"text":117,"@type":113},"The suits seek injunctions requiring the government to meet due-process standards, reopen certain cases by providing hearings, and clarify available defenses for alleged defaulters.",{"name":119,"@type":110,"acceptedAnswer":120},"How does the Education Department respond to the constitutional and process claims?",{"text":121,"@type":113},"An Education Department attorney argues the department reviewed the law and, in referrals to the IRS, provided at least one opportunity for debtors to protest the debt in an appropriate manner.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},417588,1790791762,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":52,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":34,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":143,"read_time":144,"preview_page_count":4},7971474921005,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","Vo1。14,No。63                     Wednesday,April 2,1986  \n# SIX LAWSUITS CHALLENGE LOAN DEFAULT TAX REFUND OFFSET PROCEDURES\n\nAs the Education Department celebrates the recovery of millions of dollars indefaulted student loans through income tax refund offsets,a half-dozen law-suits are charging ED's procedures are unconstitutional.  \nThe suits challenge the ways in which ED and the Internal Revenue Service areattempting to collect billions of dollars in defaulted student loans.If thesuits are successful,they could halt collections temporarily,but they pro-bably would not derail the offset program,said one of the suing attorneys,Elizabeth Imholz of the Brooklyn Legal Services Corp.  \nThe most sweeping suit,filed on behalf of all New York state taxpayers whoserefunds may be threatened,charges that ED and its collection agencies fail togive alleged defaulters meaningful opportunities to dispute claims against thembefore their names are referred to the IRS for income tax refund offsets.  \nThe Constitution and the Fair Debt Collection Act require the government toprovide the facts about the alleged debt in a notice that also explains howalleged defaulters can request a hearing and what defenses they can offer,ac-cording to the complaint in Richardson v.Baker(86 CIV 2329 wCC),which wasfiled in U.s.district court in Manhattan,  \nOffsetting OffsetsThe suit asks for injunctions forcing ED and the IRSto satisfy the due process standards it claims have been violated.It alsowould reopen the cases of defaulters whose debts ED has claimed so far in theprogram,requiring the department to offer them a hearing and explain how thealleged defaulters might defend themselves.  \nThe suit also charges the program violates the applicable statute of 1imita-tions in pursuing loans that have been in default for more than six years.  IRSregulations provide for collection of debts up to 10 years old.  \nBesides Richardson,which a judge has been asked to certify as a class action,(G86154CA5)in western Michigan;Swaney v.Bennett(CA86-105)in Delaware;Bell v.Bennett(C86-621A)in Atlanta;Gomez v.Bennett(C-86-16)in CorpusChristi,Texas;and Dier v.Bennett(CIV-86-0192E)in Buffalo,N.Y。  \nUnder the two-year pilot offset program,ED notifies defaulters that thefrnames will be given to the IRS unless they repay their loans.If they do notrespond,the IRS withholds 1985 tax refunds due them,returning the money toED.(more)  \n6  \n# SIX SUITS CHALLENGE LOAN DEFAULT TAX REFUND OFFSET PROCEDURES(Cont.)\n\nED has estimated that nearly $5 billion in Guaranteed Student Loans,FederallyInsured Student Loans and National Direct Student Loans are in default.ByMarch 17,ED had netted $41 million through the offset program(HED,March 27)。  \n\"Needless to say,we think we looked at what the law requires,\"and implementeda constitutional program,said an ED attorney.\"In each of the instances herein which we referred [a name]to the IRS for collection,we gave the debtor atleast one opportunity to protest the debt in an appropriate manner.\"  \nED for several years has threatened to report defaulters'debts to a creditbureau,but those similar warnings never were challenged,the ED lawyer said.\"This is the last in a series of warnings\"threatening referral to a collectionagency,to a U.S.attorney and to credit bureaus,the ED attorney added.Inthose cases,the alleged debtors were given time to dispute the department'sclaim,and the refund offset procedure\"amounts to the same opportunity.\"  \nBut the New York suit depicts several taxpayers accused of default as victims.One,Cather Richardson,is a 54-year-old woman working for minimum wage who hasno high school degree but once enrolled in a correspondence course to become anurse's aide.Richardson \"never received the proceeds of any student loanwhich may have been obtained on her behalf and without her knowledge.\"  \nThe ED attorney responded,\"The answer to a mistake is to correct the mistake\"if the department's records actually are at fault,but that is a differentq","cbCaimk62NLY9gJN","https://ap.wps.com/l/cbCaimk62NLY9gJN","pdf",1765709,"English","# SIX LAWSUITS CHALLENGE LOAN DEFAULT TAX REFUND OFFSET PROCEDURES\n## Offsetting Offsets\n# ED RELEASES FAMILY CONTRIBUTION SCHEDULE FOR 1986-87 GSL PROGRAM\n# NATIONAL STUDENT ROUNDTABLE FORMED TO FIGHT AID CUTS","[{\"question\":\"What do the lawsuits challenge regarding student loan collections?\",\"answer\":\"They challenge how the Education Department and the IRS collect defaulted student loans through income tax refund offsets, alleging unconstitutional procedures that fail to provide required due-process notice and dispute opportunities.\"},{\"question\":\"What remedies are plaintiffs seeking in these cases?\",\"answer\":\"The suits seek injunctions requiring the government to meet due-process standards, reopen certain cases by providing hearings, and clarify available defenses for alleged defaulters.\"},{\"question\":\"How does the Education Department respond to the constitutional and process claims?\",\"answer\":\"An Education Department attorney argues the department reviewed the law and, in referrals to the IRS, provided at least one opportunity for debtors to protest the debt in an appropriate manner.\"}]","SIX LAWSUITS CHALLENGE LOAN DEFAULT TAX REFUND OFFSET PROCEDURES - read online free | PDF",1790609751,18]