Elliott v. United States

MEMORANDUM OPINION AND ORDER

MILLER, Judge.

This case is before the court after briefing on defendant’s motion to dismiss for lack of subject matter jurisdiction pursuant to RCFC 12(b)(1) or, in the alternative, for failure to state a claim upon which relief can be granted pursuant to RCFC 12(b)(6). Beginning in March 2009, the Government sought to enforce the fine imposed by a 1989 judgment against plaintiff by offsetting plaintiffs monthly Social Security payments. Plaintiffs First Amended Complaint charges an illegal exaction. It asserts that a federal statute precludes this recovery action…