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Man files suit against U.S. Department of Education over portion taken from Social Security check

WEST VIRGINIA RECORD

Sunday, December 22, 2024

Man files suit against U.S. Department of Education over portion taken from Social Security check

Lawsuits
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BECKLEY – A Beckley man is suing the U.S. Department of Education alleging that a percentage of his Social Security check was withheld unfairly in connection with an education debt.

Wilbert A. Payne filed a complaint in U.S. District Court for the Southern District of West Virginia against the U.S. Department of Education seeking declaratory relief.

The suit states that the plaintiff entered into a loan agreement with Higher Education Loan Program on July 1, 1980, and Dec. 17, 1980, in the amount of $5,000. The plaintiff was sued by the defendant for the $5,000 but the case was dismissed for unknown reasons in the 1980s, the suit states. 

The plaintiff alleges he was contacted in February 2016 by a collection agency seeking the student loans. The plaintiff alleges he received a letter from the U.S. Treasury on Sept. 26, 2018, stating that the defendant had a claim against the plaintiff's Social Security check for 15 percent, and that percentage was withheld from his check beginning in November 2018.

The plaintiff is seeking a declaration from the court that the taking of his Social Security check is a taking of his property without due process. The plaintiff is represented by G. Todd Houck in Mullens.

U.S. District Court for the Southern District of West Virginia case number 5:19-CV-00285

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