West Virginia Record

Friday, July 19, 2019

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

Lawsuits

By Carrie Bradon | May 31, 2019


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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U.S. District Court for the Southern District of West Virginia Beckley Division

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