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  1. #1
    Join Date
    Apr 2010
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    2

    Default Tax Refund Taken Over Debt to a Public University

    My question involves collection proceedings in the State of: CA

    I live in California and recently my tax returns were intercepted. Apparently I have an outstanding debt from the Housing Accounts Department at UC Davis back from 1990.

    I contacted UC Davis Housing and they gave me the specifics of the debt. They told me that I owed them money and that they had to refer debt to collection agency. They said collection agency collected from me for some time and never heard back from me, at which point the debt was returned to back UC Davis. I was on a payment plan with UC Davis and believed I payed in full and no party ever bothered me about this debt again, until now.

    I asked UC Davis why was I never contacted about this debt and they told me that their policy when this situation occurs was to withhold registration, transcripts etc. to all non-students.

    I have never been contacted by them in anyway. I have filled my taxes every year since then and they were never intercepted and this debt they claim I owe has not appeared in my credit reports ever. I have never been served (sued) by a court nor have I ever had a judgment against me.

    It has been 19 years since this supposed debt exist. Is it legal for the state to take my refund? Isn't there a statute of limitations for outstanding debt from so long ago?

    UC Davis Housing told me that the the state of CA was recently offered a Franchise Tax Board Offset Program that allows for the collection on debts through the garnishing of tax returns. They said that a letter was sent to all who owed money and to pay up. I never received such letter. Is this legal?

    Any suggestions of how I can proceed?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Tax Refund Taken Over Debt to a Public University

    It's my understanding that California colleges take the position that even after the statute of limitations has run on overdue fees or other debts to them, past due amounts can be collected through the offset program because the debt remains valid (albeit not enforceable through the courts) and the enforcement mechanism they're using is non-judicial.

    They may well have sent you a letter to the address they had on record for you, and that address may be very out-of-date; did you ask what address they used?

  3. #3
    Join Date
    Apr 2010
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    2

    Default Re: Tax Refund Taken Over Debt to a Public University

    who would I ask for the address?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Tax Refund Taken Over Debt to a Public University

    Whatever entity was responsible for initiating the collection of your alleged debt, presumably U.C. Davis. You have far more information about this than I do, so your guess should be better than mine.

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