Overpayment of military pay
Posted: Thu Mar 07, 2013 6:40 pm
I recall a conversation about overpay before. Do a search in your email. If I get a chance tomorrow, I will let you know what I find.
Sent from my iPhone
On Mar 7, 2013, at 3:50 PM, "Hale Andrew Antico" wrote:
> Debtor was separated from military and his final check came. It was much bigger than he expected. One year later, Dept of Defense came looking for the overpayment of about $8000. The money wasn't a signing bonus or other conditions-based compensation.
>
> Is it dischargeable?
>
> Applicable law appears to be 37 USC 303a(e)
> http://www.law.cornell.edu/uscode/text/37/303a
>
> Summing up the relevant parts:
>
> (3) sounds like this only applies to conditions-based or bonus money.
> (4) nondischargeable unless 5 yrs have elapsed
>
> Experience with something similar? Is there another statute or case that is more on point?
> Otherwise, it seems to be like EDD overpayment and thus, dischargeable.
>
> Thoughts?
> Hale
>
The post was migrated from Yahoo.