Wagstaff v. United States

105 Fed. Cl. 99, 2012 U.S. Claims LEXIS 538, 2012 WL 1792633
CourtUnited States Court of Federal Claims
DecidedMay 17, 2012
DocketNo. 11-466C
StatusPublished
Cited by34 cases

This text of 105 Fed. Cl. 99 (Wagstaff v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wagstaff v. United States, 105 Fed. Cl. 99, 2012 U.S. Claims LEXIS 538, 2012 WL 1792633 (uscfc 2012).

Opinion

MEMORANDUM OPINION AND ORDER

BRADEN, Judge.

This case is the sixth in a series of cases involving Plaintiff and the Department of Education, all regarding Plaintiffs student loans. On August 30, 1999, the Department of Education sued Plaintiff in the United States District Court for the Western District of Texas, seeking repayment of the principal and interest due on Plaintiffs student loans. See Complaint, United States v. Wagstaff, No. 5:99-cv-00960, Docket No. 1 (W.D.Tex. Aug. 30, 1999) (“Wagstaff 7”). That case was voluntarily dismissed by the Department of Education on May 30, 2000, but the Department of Education subsequently initiated administrative proceedings that resulted in Plaintiffs wages being administratively garnished and her federal tax refunds being offset in order to recover the balance of Plaintiffs student loans and associated interest. On December 29, 2005, Plaintiff sued the Department of Education in the United States District Court for the Western District of Texas, alleging that the Department of Education had violated the Fair Debt Collection Practices Act (“FDCPA”). See Wagstaff v. Dep’t of Educ., No. 5:05-cv-01245 (W.D.Tex. Feb. 15, 2007) (“Wagstaff II ”). That action was dismissed for lack of jurisdiction, and the United States Court of Appeals for the Fifth Circuit subsequently affirmed the dismissal. See Wagstaff v. Dep’t of Educ., 509 F.3d 661 (5th Cir.2007) (“Wagstaff III”). On October 31, 2008, Plaintiff again sued the Department of Education, this time in Texas state court, but the lawsuit was removed to federal district court and again dismissed. See Wagstaff v. Dep’t of Educ., No. 5:08-cv-00923 (W.D.Tex. Apr. 22, 2009) (“Wagstaff IV”). That decision was also appealed and upheld by the United States Court of Appeals for the Fifth Circuit. Wagstaff v. Dept. of Educ., 366 Fed.Appx. 564 (5th Cir.2010) (unpublished) (“Wagstaff V”). Plaintiff now seeks relief from this court.

I. FACTUAL BACKGROUND AND PRIOR PROCEDURAL HISTORY.1

A. Plaintiff Signs Six Student Loan Promissory Notes In 1991-1993, Defaults On The Notes, And The Department Of Education Attempts To Collect.

Between January 1991 and February 1993, pro se Plaintiff Audrey S. Wagstaff [104]*104(“Plaintiff’) signed promissory notes for four Stafford Loans and two Supplemental Loans for Students (“SLS”) to attend Our Lady of the Lake University in San Antonio, Texas. Compl. Exs. 1-6 (the six promissory notes).2 The total principal amount of the promissory notes due is $17,000.00, and each note indicates that it was approved and disbursed by Bank One, Texas, N.A. Compl. Exs. 1-6. Following Plaintiffs graduation in May 1993, she was employed through at least February, 2007, if not later, but to date has made no voluntary payments on any of these loans. See Wagstaff II at 8.

Plaintiffs “student loans were guaranteed by the Texas Guaranteed Student Loan Corporation (‘TGSLC’) and then reinsured by the Department of Education under federal loan guaranty programs.” Wagstaff II at 8. “[I]n August 1995, after the TGSLC was unable to collect from [P]laintiff, it assigned its right and title to the loans to the Department of Education.” Wagstaff II at 8. Pursuant to a May 22, 1995 Notice from the Department of the Treasury (“Treasury”), Plaintiffs 1994 income tax refund was offset to recover the funds the Department of Education had paid as a result of Plaintiffs nonpayment of her student loans, plus associated interest. Compl. ¶ 46. Plaintiffs income tax refund was again offset for the 1998 tax year. Compl. ¶ 7.3

On or around August 30,1999, the Department of Education filed suit against Plaintiff in the United States District Court for the Western District of Texas for repayment of the principal and interest due on her student loans. Compl. ¶ 8; see also Wagstaff I, Docket No. 1. On or around October 6, 1999, Plaintiff met with a “United States Assistant District Attorney” to dispute the Department of Education’s claim and the validity of at least one of the promissory notes. Compl. ¶ 9.4

On May 30, 2000, the Government voluntarily dismissed the August 30, 1999 Complaint without prejudice. See Wagstaff I, [105]*105Docket No. 3.5 Following the dismissal, the Department of Education investigated Plaintiffs allegations, but concluded that the promissory notes were valid after Plaintiff failed to provide evidence to support her claim. Wagstaff II at 9 (describing the Government’s actions after its voluntary dismissal of Wagstaff I).

Accordingly, in 2004, the Department of Education resumed its efforts to collect the outstanding balance of Plaintiffs loans. See Wagstaff II at 9. On August 26, 2004, the Department of Education sent Plaintiff a notice advising that her income tax refunds would be offset, but that she could seek administrative review of this decision within 65 days. Wagstaff II, Docket No. 44, Ex. 12 at 2. As of September 22, 2004, the Department of Education’s records indicated that Plaintiff owed $36,266.70, reflecting a principal balance of $18,040.35, interest of $10,973.01, and fees and costs of $7,253.34.6 Compl. Ex. 7. The July 18, 2011 Complaint, however, alleges:

The promissory notes are contingent on factors that Defendant can not, as required by law, prove. Defendant’s [August 30, 1999] lawsuit against Plaintiff was based on the same notes, which were disputed, have a legal balance of zero and dismissed, [sic]. They therefore can not “establish the existence” of the alleged debt. Defendant’s claim is arbitrary, capricious, without factual support and contrary to law.

Compl. ¶ 27; see also Compl. ¶ 11 (alleging that in May of 2000 “USDOJ[] determined the balance [of Plaintiffs loans] to be zero dollars”).

On or about November 11, 2004, Plaintiff filed a Request for Review of the tax refund offsets with the Department of Education. See Wagstaff II at 9. Because Plaintiffs November 11, 2004 Request For Review was deemed untimely, on May 3, 2005, the Department of Education decided Plaintiffs Request for Review without a hearing and determined that tax refund offsets could proceed. See Wagstaff II at 9; see also Wag-staff II, Docket No. 44, Ex. 12 (Department of Education’s May 3, 2005 decision regarding tax. refund offsets).

For tax years 2004-08 and 2010, the Department of Treasury resumed tax refund offsets to Plaintiffs income tax returns. See Compl. ¶ 159. Between November 2004 and July 2005, Plaintiff continued to correspond with the Department of Education, requesting a complete accounting of her debt, objecting to having not received a hearing, and raising concerns about the collection methods used by NCO Financial Systems, Inc., a debt collection agency. Wagstaff II at 9-10.

At some point in 2005, the Department of Education initiated efforts to garnish Plaintiffs wages. See Wagstaff II at 8, 10. On July 18, 2005,-Plaintiff signed a Request for Hearing, Form DCSI-010, disputing the validity of the wage garnishments. Compl. Ex. 9.

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Bluebook (online)
105 Fed. Cl. 99, 2012 U.S. Claims LEXIS 538, 2012 WL 1792633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagstaff-v-united-states-uscfc-2012.