Moved a payment around going against the SOR


#1

Hello. I need guidance. I am a military member going through an SOR process since 10/2017. I turned in my first correspondence on 10/31/2017 and received a follow up SOR of my first one reviewing if I have started paying off my delinquent debt. That was turned in on 12/18/2017 and still awaiting for a reply back on the second issue of the correspondence. I believe this is taking longer than expected but! I need to know are they going to grant me a 6 month and a review or a full SECRET clearance for 10 years?

My main question is that I moved a payment around approx 1500 dollars left and a going to pay that off on my tax return. I had to move this payment around ontop of this due to my pay rate is not correct and certain times the pay was higher than the other ones due too a miss code on their half but being debited on future pay checks. My leadership knows about my pay also moving a payment around due to my shorter pay checks. I went against my SOR originally on the first one on 10/31/2017. Am I still going to get a clearance just to move a payment around, still will pay it, wont be now.


#2

What does “move a payment around” mean? Also not sure what you mean “I went against my SOR.”

The question they will have is, are you making progress on paying off the debt? If moving payments around and going against the SOR means you are not making progress, then that’s a problem.


#3

I have been making all my payments on time its only one that I had to move so I can live on that pay that continuously has an error and I am paying back the debt of.


#4

If you are making payments that’s a good thing. I am still not clear what ‘moving’ a payment is but it sounds like you have a reasonable explanation for whatever you are doing. If you can make any payment at all (even $10 a month) that might help a lot.


#5

Ok let me be more understanding I owe out of this creditor 1500 dollars left. I cannot
Pay approx 400 minimum payment due to my pay is where its not supposed to be and will not fit my budget at this time till my tax return will come after i file it. So I had to move my actual payment to march so I can pay this whole thing off with my taxes On my initial SOR I stated I was going to pay off this debt UNFORESEEN this payroll mistake on their half. So my question is that will i not be granted a security clearance because of how i had to move my payment vs what I said on paper.


#6

Really, you should see a security clearance attorney for that. I don’t think anyone can legitimately answer that question for you.

One other thing you can do is set up a payment plan with the payment not being due until a later date. That might work, but it is not a guarantee.

Bottom of line, actions speak louder than words in the eye of security clearance. So, you run the risk here if you want to gamble on this. This is why I recommend you to seek advice or legal representation from a security clearance attorney.


#7

An attorney may help but you need to wait until you have the chance to explain the situation and then produce and document the issue. I don’t think that moving the payment back a few months because of unforeseen circumstances should hurt you very much. You are still making a good faith effort to satisfy your creditor.

But, you can never tell what they are going to do. Several years ago, I negotiated settlements with several credit card companies. After I made the payments, they issued a 1099C for the forgiven debt and I properly filed these with my tax returns. The governments attorney tried to claim that these debt were not satisfactorily met. I pointed out that the issue was between the credit card company and I. If the company and I were both satisfied with the settlement, how could it be unsatisfactory or not responsibly addressed. The judge quickly agreed with me. The point though, is that I had to fight my way through against their attorney.

This is what the decision to retain council often comes down to. The government WILL be represented by an attorney who DOES WANT TO DENY YOU A CLEARANCE. That’s his job. You need to ask yourself if you can confidently oppose him or her and defend yourself.