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First, let’s set the record straight on private loans. Private student loan companies can’t take your tax refund. The lender may be able to take money from your bank account, but that’s only if they’ve sued you and won a judgment.
If your Federal loans are past due the government can’t do anything until you’re in default, which happens only when you fail to make a payment for 270 days.
If you’re in default, the government can seize your tax refunds through a tax refund offset. Before that happens, the lender or servicer has to give you notice of the proposed offset and an opportunity to review your loan records.
You can challenge the offset at any time, but if you want to put it on hold while you’re challenging it, you have some deadlines.
You can request a hearing after these deadlines, but the offset will generally not be held up while you are waiting for your hearing.
There are a number of defenses available to a tax refund offset, and they mirror the ones for defending an administrative wage garnishment. You may also be able to challenge your offset if it will cause financial hardship.
To find out if your tax refunds are subject to offset, contact BFS’ Tax Offset Program call center at 800-304-3107 or TDD 866-297-0517.
If you filed a joint return and it’s not your student loan, you can request your portion of the refund by filing IRS Form 8379, Injured Spouse Allocation with your original joint tax return, your amended joint tax return, or by itself after you’re notified of an offset.
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