FEMA screw up, help

[Gracie3787]

What is the name of your state? Florida

After hurricanes Charley, Frances and Jeanne I received assitance from FEMA in the form of grants. I was told that as grants they did not have to be repaid, that I must use the money for the specified purposes, and that I must keep the receipts for 1 year. This was in Aug, Sept and Oct of 2004. All monies were spent correctly. In March of this year, I cleaned out my filing cabinet and since the receipts were almost 3 years old and I had NOT been contacted by FEMA, I threw them out.

Today, 3 years after I received the grants I received a letter from the US Treasury Dept claiming that FEMA has turned to them to collect my "delinquent debt". I had no idea what the letter was about, as I had never been contacted about any of the grants. I called the customer service number on the letter. The lady I spoke to said that first, the monies were LOANS, and second that FEMA had made requested receipts many times, and that since I had REFUSED to send receipts I have to pay all of it back, with alot of interest. I explained the situation to her and she said to gather any receipts I can find and fax them with a letter of dispute. Which I did today.

The problem is that I no longer have alot of the receipts, I could only find canceled checks for the down payment on replacement house and canceled check for the replacement bed and sofa. I sent those along with the contract of sale for my home, showing the amount of down payment made. Those 2 things alone covers the amount they are claiming I owe.

My question is this: IF they do not want to accept the 2 receipts I do have, and insist that I pay, is there any legal recourse I have?
It's extremely unfair that I was told to keep receipts for only 1 year, I kept them for almost 3, and only after I got rid of them they demand the receipts. What makes the whole thing even worse is that I am disabled and have a very small SS disabilty income, so paying over $8,000.00 (including interest) to the govt. will take forever especially when I didn't do anyhting wrong.

Any help or suggestions will be greatly appreciated.
GracieWhat is the name of your state?

 

[Silverplum]

I don't know a thing about this sort of nonsense, but I'm rooting for you, Gracie! How horrible, and you are so sweet and do not deserve anything other than fresh flowers.

You will win. You must win. I will it.

 

[Gracie3787]

I don't know a thing about this sort of nonsense, but I'm rooting for you, Gracie! How horrible, and you are so sweet and do not deserve anything other than fresh flowers.

You will win. You must win. I will it.

Thank you so much. I am just floored by all of this and very scared. I really, really REALLY need to win the lottery now.
Thanks for the encouragement. One minute I have a good feeling about it and the next I remember that I'm dealing with the Fed Gov't then I get really scared.

 

[SHORTY LONG]

Gracie3787, I trust you did not send them the originals, and that you used some type
of special mail service to track the documents you sent?

While waiting on them, contact your locale Federal Senator, and Congressperson.
Please keep us updated. Yes, if all else fails including an Administrative procedure
in Objection to debt they are saying, then Federal Court would be available.

First things first.

Hi Silverplum.

 

[Gracie3787]

Gracie3787, I trust you did not send them the originals, and that you used some type
of special mail service to track the documents you sent?

While waiting on them, contact your locale Federal Senator, and Congressperson.
Please keep us updated. Yes, if all else fails including an Administrative procedure
in Objection to debt they are saying, then Federal Court would be available.

First things first.

Hi Silverplum.

No, I didn't send the originals. The lady I spoke to wanted me to fax the letter and receipts, so I still have the originals and a confirmation of faxing. Now all I can do is wait to see what their reply will be. I'll wait to see what they say before trying your suggestions, but I'm already beginning to draft a letter to my congessperson in case it's needed. I'll keep you updated when I hear anything. Thank you for the suggestions.

 

[AlanShore]

No, I didn't send the originals. The lady I spoke to wanted me to fax the letter and receipts, so I still have the originals and a confirmation of faxing. Now all I can do is wait to see what their reply will be. I'll wait to see what they say before trying your suggestions, but I'm already beginning to draft a letter to my congessperson in case it's needed. I'll keep you updated when I hear anything. Thank you for the suggestions.

First don't have anymore interaction with FEMA or Dep. of T. until after you have retained a lawyer on the matter.

Before calling your lawyer, I would stop drafting your letter and pick u the telephone and call you Congressman's office, along with both of your senators. Letters are pointless. Phone calls can get you somewhere.

 

[SHORTY LONG]

No, I didn't send the originals. The lady I spoke to wanted me to fax the letter and receipts, so I still have the originals and a confirmation of faxing. Now all I can do is wait to see what their reply will be. I'll wait to see what they say before trying your suggestions, but I'm already beginning to draft a letter to my congessperson in case it's needed. I'll keep you updated when I hear anything. Thank you for the suggestions.

Good Gracie that you are doing what you have done. I would go ahead with your
Registered Letter to your Congressperson, and include a short narrative on what you
have done thus far, along with a copy of your Fax etc. This will help because I am
sure there must be many others who are receiving such Notice as you have; and
in case we have to file an Administrative Appeal with FEMA, it will be more fuel to
the fire they have started! Please keep me apprised. Respectfully Yours, Shorty

 

[SOLDIERFIRST]

pay back the money

What is the name of your state? Florida

After hurricanes Charley, Frances and Jeanne I received assitance from FEMA in the form of grants. I was told that as grants they did not have to be repaid, that I must use the money for the specified purposes, and that I must keep the receipts for 1 year. This was in Aug, Sept and Oct of 2004. All monies were spent correctly. In March of this year, I cleaned out my filing cabinet and since the receipts were almost 3 years old and I had NOT been contacted by FEMA, I threw them out.

Today, 3 years after I received the grants I received a letter from the US Treasury Dept claiming that FEMA has turned to them to collect my "delinquent debt". I had no idea what the letter was about, as I had never been contacted about any of the grants. I called the customer service number on the letter. The lady I spoke to said that first, the monies were LOANS, and second that FEMA had made requested receipts many times, and that since I had REFUSED to send receipts I have to pay all of it back, with alot of interest. I explained the situation to her and she said to gather any receipts I can find and fax them with a letter of dispute. Which I did today.

The problem is that I no longer have alot of the receipts, I could only find canceled checks for the down payment on replacement house and canceled check for the replacement bed and sofa. I sent those along with the contract of sale for my home, showing the amount of down payment made. Those 2 things alone covers the amount they are claiming I owe.

My question is this: IF they do not want to accept the 2 receipts I do have, and insist that I pay, is there any legal recourse I have?
It's extremely unfair that I was told to keep receipts for only 1 year, I kept them for almost 3, and only after I got rid of them they demand the receipts. What makes the whole thing even worse is that I am disabled and have a very small SS disabilty income, so paying over $8,000.00 (including interest) to the govt. will take forever especially when I didn't do anyhting wrong.

Any help or suggestions will be greatly appreciated.
GracieWhat is the name of your state?

You needed help, FEMA helped, they need their money back. You appear to be doing fine, return the money.

 

[SHORTY LONG]

solderfirst, personally I do not know what your malfunction is; maybe you have been
out in the field a bit to much. However, this Forum is called Free Legal Advice, and
what you posted to a Senior Member is a far cry from Free Legal Advice. My reply
to your post is this: Tread lightly, if not, I will have no problem in seeing that your
most inappropriate erroneous post gets zapped!
Copeche!

 

[Gracie3787]

Update

Alot has been happening. Unfortunately due to some family health issues I haven't been able to speak to an attorney or finish any letters.

Today I got a reply from the treasury department. They say the FEMA says it's a legitimate debt and that the TD should continue collection action. They say that they overpaid me due to a "computer glitch". That may or may not be true, but what's frustrating is that they now claim that they paid me 3 times, which they did not. I did recieve 2 payments of the same amount, both with the official letters explaining the payments. Even though I no longer have the letters, I have no doubts that they did NOT send 3 payments.

Anyway, I guess it boils down to they apprently did overpay me, if so I understand that they expect to be repaid. My problem is a combination of the interest being charged has already almost doubled the original amount, I am disabled and cannot possibly pay more than $25 per month, which of course means that I will NEVER get this debt paid before my time on earth is done. I also worry that they will seize my bank account, which has my SSDI deposited every month.

I need to get a consult with an attorney ASAP, but I need to know what kind of an attorney would be best. Would it be best to see one who specializes in government law, or consumer law, or tax law? I'm used to family law so I really don't know which way to go. Any ideas will be greatly appreciated.Thanks,
Gracie

 

[Gracie3787]

You needed help, FEMA helped, they need their money back. You appear to be doing fine, return the money.

First, I agree with your basic idea, if money is truly owed it should be paid. However, if you didn't read my first post you may have missed that the govt did NOT contact me for 3 whole years, I was totally unaware that I might owe anything. Due to THIER delay, the debt has grown by almost $5,000.00 due to interest being charged.

Second, where in the h-e double hockey sticks did you get the idea that I'm "doing fine"??
I am disabled, my only personal income is SSDI, I do not own a home, and have very little money. I am married, but my husband's health is not good and what small amount he's earning is paying for his health insurance, medications and a little each month toward the
almost $100k in recent uncovered medical expenses. Add to that that I suffer from depression and &*#@ no, I am NOT "doing fine"!

BTW, When was the last time that YOU went through your spouse having a heart attack, 3 hurricanes, losing your home and everything you have, and a car accident all in a 6 week period?? Unless you've been through that, you have no right to say that anyone who has is "doing fine".

 

[Gracie3787]

Hopefully I have found something that may help me:




TITLE 31 > SUBTITLE III > CHAPTER 37 > SUBCHAPTER II > § 3711Prev | Next § 3711. Collection and compromise
(a) The head of an executive, judicial, or legislative agency_
(1) shall try to collect a claim of the United States Government for money or property arising out of the activities of, or referred to, the agency;
(2) may compromise a claim of the Government of not more than $100,000 (excluding interest) or such higher amount as the Attorney General may from time to time prescribe that has not been referred to another executive or legislative agency for further collection action, except that only the Comptroller General may compromise a claim arising out of an exception the Comptroller General makes in the account of an accountable official; and
(3) may suspend or end collection action on a claim referred to in clause (2) of this subsection when it appears that no person liable on the claim has the present or prospective ability to pay a significant amount of the claim or the cost of collecting the claim is likely to be more than the amount recovered.
(b)
(1) The head of an executive, judicial, or legislative agency may not act under subsection (a)(2) or (3) of this section on a claim that appears to be fraudulent, false, or misrepresented by a party with an interest in the claim, or that is based on conduct in violation of the antitrust laws.
(2) The Secretary of Transportation may not compromise for less than $500 a penalty under section 21302 of title 49 for a violation of chapter 203, 205, or 207 of title 49 or a regulation or requirement prescribed or order issued under any of those chapters.
(c) A compromise under this section is final and conclusive unless gotten by fraud, misrepresentation, presenting a false claim, or mutual mistake of fact. An accountable official is not liable for an amount paid or for the value of property lost or damaged if the amount or value is not recovered because of a compromise under this section.


I am hoping that (a)(3) may apply to me, or am I just grasping at straws?
I am disabled, have small SSDI income, and have no present or prospective ability to pay any significant amount of the claim. (I figured it out, at $25 per month it will take me approx. 15.5 years to pay the principal amount plus interest that will continue to grow. sadly, I'll be almost 70 years old then).
Any opinions on the possibilty of this law applying to me would be greatly appreciated.

Edit to add: I mentioned in one post that I used part of the grant as a down payment to buy a replacement home and that I sent FEMA a copy of the sales contract. In the last couple of weeks I have learned that even though I have a contract, in reality I'm not actually buying my home. Long story short, it is an "owner financed", the contract is titled "Installment sales Contract For House and Real Estate" however, as it turns out the contract has never been recorded, the lot is still included in a larger tract and I'm basically just renting, nothing is legally in my name except the unrecorded contract. So I don't even own a home afterall.

 

[moburkes]

Post that in the debt collections forum. DC, DG, Chien, and dcatz will help you!

 

[Gracie3787]

Post that in the debt collections forum. DC, DG, Chien, and dcatz will help you!

Thank you, I'll do that.

 

[SHORTY LONG]

Gracie, also take at look at these links:

Florida Senior Legal Helpline
Bay Area Legal Services, Inc.
829 W. Dr. ****** Luther King Jr. Blvd., 2nd Fl.
Tampa, FL 33603
(888) 895-7873
www.bals.org



http://www.brevardcountylegalaid.org/seniors.html
http://www.abanet.org/legalservices/probono/senior_lawyers.html
http://library.findlaw.com/1999/Apr/1/128510.html
http://www.lanecountylegalservices.org/
http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/73a674ca2a31ffa485256b2f006c561b?OpenDocument
http://www.floridabar.org/DIVCOM/JN/JNNews01.nsf/8c9f13012b96736985256aa900624829/5f1e59cca2f2f82f85256ff900506cba?OpenDocument
http://www.lsnf.org/projects.htm
http://www.adrcbroward.org/lawproject.php
http://www.aoa.gov/prof/notes/Docs/Legal_Services_Elderly.pdf
http://www.cfls.org/how_we_helped.shtml

I was hoping we would do battle with them , but after you had realized..., I do not
see us doing this. Hopefully with what Moburkes suggested, and the links I have shared, that,
something will work out for you; and I agree from your post that (a)(3) will work to your favor.