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18 Jun 2022 - 02:50 pm
For an individual, that's usually a Social Security Number (SSN). For a business, nonprofit organization, or state agency, that's usually a Federal Employer Identification Number (FEIN). When an agency is about to pay a person, business, state, or other entity, they fill out a payment voucher, which includes the name and TIN of the payee. These agencies are called payment agencies. The Bureau of the Fiscal Service (of which TOP is part) actually makes the payments on behalf of most agencies. Other agencies (for example, the US Postal Service) are responsible for their own payments. Before sending a payment, disbursing officials use the TOP database to compare payees and debtors. Information about the payee's name. TIN match with information about the debtor in the TOP database. The payment is a type that can be offset. If there is no match, the payee gets the entire payment. If there is a match, the offset reduces the payment in whole or in part, to satisfy the debt, to the extent allowed by law. If money remains in the payment after it is offset, the reduced payment goes to the payee.
What is the Treasury Offset Program? Individuals, businesses, states, and other entities may owe money to the federal government. If they don't pay the debt on time, it becomes overdue (delinquent). When the debt is overdue, the Treasury Offset Program (TOP) helps collect the debt by holding back money from a federal payment to the debtor. For example, if you have a delinquent debt for a federal loan, TOP can reduce your federal tax refund or social security benefit payment to pay that debt. TOP may offset many types of federal payments to collect delinquent debt. There are some payments that are not offset through TOP. See the TOP Payment Exemption Chart.
What happens before agencies send debts to TOP? The agency must send a letter to the debtor at the name. Address on file for the debt at least 60 days before sending the debt to TOP. The letter must tell the debtor about the debt (type and amount), that the agency intends to refer the debt for offset, and what rights the debtor has to resolve the debt situation. The letter must give the debtor opportunities to pay the debt, enter into a payment agreement, or dispute that they owe the money to the agency. The law requires agencies to send debts to TOP when the debt is 120 days overdue. The agency must make sure the debt is valid and legally enforceable. Information about the overdue debt includes the debtor's taxpayer identification number (TIN).
Be friendly, and do not attack them. If they really are collectors and you have some kind of old debt, your nice behavior may favor you in the long run. If they are a scam agency, you still need to gather as much information as possible. One of the most important questions you have to ask is the age of the debt. Maybe it is already not collectible! If you find yourself in this situation and do not know what to do, give us a call. DebtQuest has a long history of experience with all kinds of collection agencies. Lawsuits to help you defend yourself against con-artists. Contact us for a free quote! Bonus information: let’s say that you do have this debt. And the age of it is big enough to make it non-collectible. However, collectors still may offer you to make a small payment, just to show them that you are a reliable person and so they won’t go to court. Never make that payment. If you transfer them even one dollar, the statute of limitations will extend. Every new payment, regardless of the volume, restarts the statute of limitations, meaning your debt is as good as new.
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Archaeological chemist Patrick McGovern analyzed shards of clay from a 9,000-year-old Chinese village and found that they contained chemical traces of mead, a wine made from honey. So we know, at least, that the earliest mead drinkers didn't have to worry about finding designated drivers. Perhaps an iceberg like this one in the Antarctic Peninsula provided the water for Antarctic Nail Ale. If you're a beer aficionado, you're probably familiar with brands of brew whose makers tout them as being made with mountain spring water or some other exotic ingredient. But in 2010, Nail Brewing, an Australian company, found a way to top all that.
For someone who isn't steeped in wine knowledge, it's easy to listen to wine buffs talk about the vintage of various wines - that is, the year in which they were bottled - and assume that the older a wine is, the better. But that's not how it works. The most important thing about vintage is the particular year itself - what the weather conditions were back then, and what impact they might have had upon the grape harvest and the quality of the wine produced from it. As for age, that's more often a negative than a positive, according to wine writer Giles Kime. U.S. Alcohol Consumption on Low End of Recent Readings. Why Do Heavy Drinkers Outlive Nondrinkers? Nondrinker Mortality Risk in the United States. Sorting out the health effects of alcohol. Pure brew sells for $1850 a bottle.
It created a limited-edition batch of beer using water made from melted Antarctic ice. The latter had been brought back by the Sea Shepherd Conservation Society, an activist group that had staged an anti-whaling campaign in the Southern (Antarctic) Ocean. But you couldn't buy Antarctic Nail Ale at your local bottle shop. Thanks to a winning international sales strategy, tequila has ceased to be a 'bricklayer's drink' in Mexico and has become fashionable all over the world. According to Mexican law (which the U.S. 51 percent liquor distilled from the sweet nectar of blue agave. That desert plant grown primarily in Jalisco, though four other Mexican states also are allowed to legally produce tequila. When South African distillers started making their own version of the beverage in the early 2000s, using a plant similar to agave, Mexico didn't like the idea of being undercut. Its diplomats used international trade agreements to prevent South African companies from calling their product tequila.
Drinking has been so widespread throughout history that Patrick McGovern, an archaeological chemist at the University of Pennsylvania, called it "a universal language" in an Economist article. Indeed, you're hard-pressed to find a culture or event in history that alcohol (or lack of it) didn't feature in some way. In a sense, alcoholic beverages are just a simple matter of chemistry and physiology. When yeast cells consume carbohydrates in grains, vegetables or fruits, they produce a fluid called ethyl alcohol. The latter, when ingested by humans, is converted into a chemical called acetaldehyde, and then eventually broken down into carbon dioxide and water. The ancient Sumerians, who lived 4,500 years ago, even worshipped a goddess, Ninkasi, who ruled over the brewing and distributing of beer to the populace. In that spirit (pardon the pun), here are 10 fascinating facts about alcohol that will enrich your cocktail conversations. A mural in the ancient Egyptian tomb of Userhet showing scribes recording the jars of newly made wine, circa 1550-1295 B.C.E. It's not clear precisely when our ancient ancestors started imbibing, but most likely, ancient hunter-gatherers discovered the effects of alcohol when they found and ate fruit that had dropped to the ground and fermented. Humans liked that tipsy feeling so much that when they switched to being farmers and living in stable communities, they started trying to make the stuff deliberately.
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“Preponderance of the evidence” means “more likely than not.” The creditor must prove, to the judge’s satisfaction, that it is more likely than not that you owe the money. If the creditor can’t prove that it is more likely than not that you owe the money, then the judge should rule that you don’t owe anything. For more information about the rules for how a debt collection case is to proceed (including out-of-court settlement, discovery, and trial) click on my blog post, “What Does a Civil Attorney Do? ” This post describes the rules of procedure for civil cases. A debt collection is a civil case, and the rules that apply to all civil cases, govern debt collection cases. At trial, if the judge rules that you owe what the creditor says you owe, you may appeal the judge’s ruling to the Oklahoma Supreme Court. If the judge rules in your favor, the creditor may appeal to the Oklahoma Supreme Court. To see how an appeal works, click here. If a creditor is pursuing you, you have rights - Use them! Congress, and the state legislatures, have enacted laws so that creditors can’t unjustly harass you or collect from you. If a creditor is trying to force you to pay a debt you don’t owe, take advantage of your rights. If you feel you need legal advice, the Persaud Law Office will be able to assist you. We have represented many debtors in collection cases.
Disputing a debt collection can be a scary process, especially when you go through the process alone. Regardless of whether the attempt to collect the debt is legitimate or fraudulent, there are a number of legal ways to deal with a debt collection. If the creditor has not filed suit, you don’t have to pay anything, and you don’t even have to talk to the creditor. If the creditor has filed suit, you have certain rights, including the right to dispute the debt in court. You can always try to settle out of court with the creditor. If someone claims you owe them money, and you dispute that you owe them, or if you dispute the amount, you may wonder: What can I do? If the creditor has not filed a lawsuit, a creditor cannot force you to pay them any money. Also, if no lawsuit has been filed, you don’t even have to respond to any communication from a creditor.
If the creditor sues you, and you file an answer, you may dispute the amount you owe, in court. Even after the creditor files a lawsuit, you may still try to settle out of court with the creditor. Judges generally favor out-of-court settlements, and the creditor will often prefer to settle out of court also. This is because pursuing a lawsuit is expensive for the creditor. So, see if you can talk to the creditor and work out an agreement. You may also retain a lawyer to deal with the creditor. One way to settle a debt collection case is through mediation.
You may simply ignore the creditor. You can also communicate with the creditor. Explain that you don’t owe the money. Or, you can try to enter into an agreement with the creditor as to how much you owe. The federal Fair Debt Collection Practices Act (FDCPA) even has limitations on how a debt collector may communicate with you. The debt collector knows you are represented by an attorney, and the debt collector knows the attorney’s name and address. To read this portion of the FDCPA, click here. Thus, if the creditor is not in the business of collecting debts for others, then, FDCPA doesn’t impose the above listed restrictions on him. To read the FDCPA, click here. If the creditor has filed a lawsuit, the creditor must serve you with a summons. Within twenty days after you are served, you must file an answer in court. If you do not file an answer, the creditor may seek a default judgment against you. If the creditor obtains a default judgment, then the judge will rule that the creditor wins by default, and the judge will order you to pay the creditor whatever the creditor asked for.
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