The military overpaid me several years ago. Lawyer told me that I was eligible for all pay and benefits until I had a DD214. I still don't have a DD214 my exit date is listed differently in different places. I say that I am not responsible for them paying me. They now want to charge me interest. I was able to get an upgrade in my discharge. I had heard that I wouldn't be responsible because of my rank I was E-1 when they overpaid me. How can I fight this? How do I get a military lawyer?
2007-07-23 12:44:47 · 12 answers · asked by Nunyabusiness 4 in Politics & Government ➔ Military
I don't expect nor want anyone to feel sorry for me. They said it can't be waived since it has been over a certain amount of time. To pay the overpay but not interest sounds like a good compromise.
2007-07-23 14:25:35 · update #1
They overpaid me $10,000 in odd increments. $4,000, $2,000, $750, some other odd ones-they weren't the same.
2007-07-24 00:43:24 · update #2
Why a military lawyer? They will just tell you what you need to do for the betterment of the military. You need a civilian lawyer that deals in military affairs for your own protection.
2007-07-23 12:55:17 · answer #1 · answered by Coach 6 · 3⤊ 0⤋
If you were overpaid, it was your responsibility to report it to your finance office and have it taken care of. It doesn't matter when, where, or why, but if you were overpaid, you have to pay them back. The military can also garnish your wages. I've seen people with $0 on their LES because they were overpaid and didn't report it and didn't arrange for the money to go back. One other resource will be your tax return. They can keep any and all of the refund that is due to you for an outstanding debt to the US gov't. Had a very upset spouse last year who was delinquent on her gov't student loan... $3000 refund was $0! Nothing we could do to help.
Whether you are active duty or not, they will see to it that the money comes back to them.
2007-07-23 20:21:06 · answer #2 · answered by usafbrat64 7 · 3⤊ 0⤋
Are you still in? If not, then seek out the local district office of your Member of Congress in the House of Representatives. With the help of the staff at that office, the Member can introduce a Special Bill In Relief to cancel that debt. Those bills are passed without a recorded vote or even a quorum present because they suspend the Rules of the House to do it. Even Lieutenant Colonel Oliver L.North, Jr. (USMC Retired) had his military pension restored after a Federal felony conviction, by way of a Special Bill In relief.
2007-07-23 20:06:48 · answer #3 · answered by desertviking_00 7 · 2⤊ 0⤋
When it comes down to it, a judge (even in the military) will decide a case essentially on the thought of "what makes everyone back to equal in this case?".
If they lost money and you gained, you need to return it. You can probably work out a deal to avoid the interest, although I do recommend you visit your nearest base (or call and ask them) to get in touch with a base lawyer.
2007-07-23 19:54:35 · answer #4 · answered by EEJ 5 · 3⤊ 0⤋
An E1 ..???? what are you talking about..? a couple hundred bucks..?
If you were over payed, give it back. My God, get real. If it isn't something you earned, it isn't yours. Thar's enough corruption between a serviceman and his pay scale as is...!!!!
Every pay check received by a serviceman trickles out of half a thousand different political exploitations,...if you ow an overpay, and you don't feel you are bound to repay it, you are part of the problem.
2007-07-24 00:06:04 · answer #5 · answered by olddogwatchin 5 · 1⤊ 1⤋
Get a civilin lawer and stay the hell away from JAG, they are not on your side and will do whats best for the millitary. They made my DUI case worse.,I got a family lawer involded and charges where dropped. One because they violated 3 federal laws and told me all lies. And second i passed the blow 3 times and they still charged me.
2007-07-23 20:11:25 · answer #6 · answered by US soldier 3 · 1⤊ 0⤋
Sounds like you were being thrown out. You didn't live up to the contract you signed. I guess I'm supposed to feel sorry for you.
Tell them you'll pay the overpayment but not the interest
2007-07-23 20:45:02 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Find the nearest military base and go to the base legal. They will be able to help you out.
2007-07-23 19:48:48 · answer #8 · answered by philip s 2 · 2⤊ 0⤋
Get your Congressman and two Senators involved. After this length of time it should be waived.
2007-07-23 21:09:59 · answer #9 · answered by Yak Rider 7 · 0⤊ 1⤋
If they overpaid you, you have to pay them back, or they will hound you forever. Sorry. Check with a lawyer though, I could be wrong.
2007-07-23 19:47:58 · answer #10 · answered by joby10095 4 · 2⤊ 3⤋