I need some legal help

This is a discussion on I need some legal help within the Off Topic & Humor Discussion forums, part of the The Back Porch category; I'm not going to get into the details of how all this transpired, but long story short I've been going back and forth with the ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 20

Thread: I need some legal help

  1. #1
    Distinguished Member Array Pro2A's Avatar
    Join Date
    Aug 2007
    Location
    Pennsylvania
    Posts
    1,933

    I need some legal help

    I'm not going to get into the details of how all this transpired, but long story short I've been going back and forth with the state of Maryland on a supposed tax I owe. I lived there in 2004. They claim I owe $893 dollars in taxes, I have disputed that for some time now. The last notice I got was in April at my current address. Again I disputed it with them and didn't hear anything about it until Saturday.

    I got a notice that there was a lien of judgment against my property. The fishy thing is I never got a notice for a court date. If I had gotten one I would have gone and proved to the judge that I did not owe the $893 dollars. I called up the comptrollers office and I asked the lady why I never got a notice about a court date. She said they sent it to my last known address in June. I asked what address that was and she told me my previous address. I called on her because I got a notice in the mail that I owed $800 dollars in April at my current address. So now she was telling me that they knew my current address in April but not in June? She couldn't answer it and I told her my lawyer would be in touch.

    At any rate I ended up pretty upset because now there is a lien on my supposed property. I rent, so I don't own a house. I have a loan out on a car that I am current on. My wifes car is in her name. Otherwise I have no assets. The notice says that the lien covers all my property and rights to my property. I have contacted a tax lawyer and he has yet to get back to me.

    Can someone explain to me what the heck is going on here? What exactly a lien is and what my rights are in this situation.

  2. Remove Ads

  3. #2
    VIP Member
    Array archer51's Avatar
    Join Date
    Nov 2007
    Location
    VA
    Posts
    21,385
    The best thing you can do is let your tax lawyer handle it. He will be able to explain the lien to you after he sees the paperwork. The lien could be on your car, or it could be on wages, hard to say without seeing the paperwork. IANAL

  4. #3
    Member Array OldLincoln's Avatar
    Join Date
    Aug 2009
    Location
    West Coast
    Posts
    471
    Sad part is your lawyer will tell you he cannot handle it for less than the disputed amount.

  5. #4
    VIP Member Array Patti's Avatar
    Join Date
    Dec 2008
    Location
    The Show Me State
    Posts
    2,644
    If you really believe you do not owe the $893 in back taxes, get a lawyer who specializes in tax laws.

    Even if you decide to pay the $893, you will need to get a lien waiver signed (and keep it in a safe place like a safe deposit box).
    Socialism is the philosophy of failure, the creed of ignorance and the gospel of envy. Winston Churchill

  6. #5
    VIP Member
    Array WHEC724's Avatar
    Join Date
    Aug 2009
    Location
    SC
    Posts
    6,499
    You'll probably need some help.

    Here in SC a lien against your property is only good for 10 years, and only comes into play when you go to sell it (it will show up at your closing). If you hold the property for more than 10, then the lien goes away. In your case, it doesn't sound like you own property and the bank has the first mortgage on your car. However if your wife owns hers, down here the sheriff could impound it and any other vehicles that don't have loans on them (boats, motorcycles, etc).

    The laws and processes will be different state to state. I imagine it would also hit your credit rating?
    __________________________________
    'Clinging to my guns and religion

  7. #6
    Distinguished Member Array Pro2A's Avatar
    Join Date
    Aug 2007
    Location
    Pennsylvania
    Posts
    1,933
    The pickle that I am in is not knowing what to do to settle this. I got screwed by the state basically. I have no money to prove I was screwed, the tax lawyer says it's too small of an amount and that it'd cost more to fight it then to pay. I at least want to pay what I think is due and settle it, but without a lawyer I don't know what I can do to settle it and what my legal rights are. That is my pickle.

  8. #7
    VIP Member
    Array WHEC724's Avatar
    Join Date
    Aug 2009
    Location
    SC
    Posts
    6,499
    Yeah - this stinks. Legal fees would likely exceed 600 bucks...

    If it makes you feel better, I've paid a lot more to make problems where I was not at fault go away. I chalk it up to a 'quality of life' thing and the price of making a headache go away.

    If you do go that route, make sure to do what Patti said and get that lien waiver. Of course, they could screw that up too!
    __________________________________
    'Clinging to my guns and religion

  9. #8
    VIP Member Array packinnova's Avatar
    Join Date
    Jun 2006
    Location
    VA
    Posts
    4,263
    I feel for ya. Good luck. I had a friend that had the same situation here in VA and he ended up paying them to go away even though he could prove he wasn't at fault, but it would have cost him more for the lawyer than what they were claiming he owed.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  10. #9
    Distinguished Member Array Pro2A's Avatar
    Join Date
    Aug 2007
    Location
    Pennsylvania
    Posts
    1,933
    This just makes me hate government even more. I think this is the kind of stuff that will eventually catch up with them. Eventually one too many Americans will have had enough of this tyranny. Hopefully we are begining to see the begining of it based on what happened in MA and NJ.

  11. #10
    Senior Member
    Array StevePVB's Avatar
    Join Date
    Sep 2007
    Location
    Jacksonville, FL
    Posts
    1,045
    Have you called your local Senator/Representative? If they take an interest they will get it done for free.

  12. #11
    Member Array tmizzi's Avatar
    Join Date
    Jul 2009
    Location
    North Carolina
    Posts
    195
    I would consider taking with a tax advisor as well. They are going to be cheaper than an attorney. You might be able to get some cheap answers on this if you have them do your 2009 return. Give them a limited power of attorney and have them ask for your tax transcripts going back to the tax year in question.

    If I had to quess it sounds like you are going to need to pay this to make the lien go away but if you are in the right a tax accountant can get you a refund.

    You need to be careful with tax leins, if you have any money in any bank accounts you may wake up one morning and it not be there. The cities/states/gov have incredible easy access to cash accounts.
    To all you current and former military ... thank you for your service! Let no one forget that the sacrifices you have made allow us the freedoms we enjoy.

  13. #12
    Senior Member Array Rob P.'s Avatar
    Join Date
    Sep 2007
    Location
    In the sticks
    Posts
    631
    You need to be talking to a lawyer. NOT a "tax advisor" or "tax attorney." A litigator.

    IF you now have a lien on your property, and weren't given notice of the "hearing" then you've been denied "due process." Due process requires that you have notice and be given the chance to present your side of the story. IF they knew of your change of address then the notice that they sent was defective and the "judgement" can be removed pending a rehearing.

    IF you can prove that you don't owe the money & that they were aware of this proof, you might be able to be reimbursed for the costs of defense.

    A litigation attorney would know and could advise you. Otherwise you need to speak to someone about taking this on pro-bono.

    As a last resort, you can represent yourself. This is difficult and I don't recommend it but it can be done. You might even be successful.

  14. #13
    VIP Member Array Stevew's Avatar
    Join Date
    Oct 2009
    Location
    Mississippi
    Posts
    3,400
    I don't mind paying taxes, but some of the underhanded tactics by tax collectors and IRS can get under my skin. Then they just blow my money or give it to someone that decided not to work.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

  15. #14
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,657
    You need to figure out what the lien is against, where if anywhere it is recorded, and if it is even really real. Anyone can send someone a letter claiming they put a lien on something; doesn't mean it was properly executed and recorded or even legal.

    I think RobP is pointing you in the right direction. This is no longer exactly just a tax issue as there is also the issue of what appears to be an improperly recorded lien. (Even if there was some court proceeding in Maryland before the lien was issued, it appears you weren't served; so a default judgment can be challenged if a lien is filed in your current county of residence.)

    It is possible that even if you paid Maryland the money you don't owe in the hopes the problem will go away, it won't, because some lazy clerk won't bother to shove the paper to remove the lien.

    There may also be penalties against whoever filed a false lien--something a civil litigator might be more familiar with handling than a tax lawyer.

    As I understand it, and lawyers will need to jump in because I possibly do not know what I am talking about, a lien would have to be against some piece of property you own; home or car, a bank account. You can go to the local courthouse with your car title in hand and ask them if a lien was indeed filed. It may not have been. In which case, that's that. Just check periodically so you know if something changes.

    Since you don't own your house (and I assume you don't own a house or property in Maryland), that pretty much settles that issue---they may have stupidly put a lien on your landlord and his property; his problem.

    I would think that if the lien were somehow against your salary, they would have gone to your employer with some sort of garnishment order. That doesn't seem to be the case. And if they do, maybe just let them garnish as it is cheaper to pay the extortion than to pay a lawyer. Same with a lien which might be served on your bank against your account. And, I'd think your bank would have told you about it by now or taken your money.

    A more likely "lien" would be against any future tax refunds from the
    State of Maryland-- in which case, big deal. You aren't in Maryland.

    I don't know if Maryland has any ability to put a lien against Federal tax refunds; that would be a big deal for you if that is what is going on. I think they do have that ability for stuff like child support but my hunch (only a guess) is not for property taxes or state income taxes.

    Given that you are no longer in Maryland, it seems unlikely they drove up to the court house where you now live and recorded the lien... my guess only, and I could be wrong, but you can easily check.

    State tax collectors have been know to pull some funny stuff on folks who move out of the state-- at one time California claimed income taxes owed on pensions paid to folks living on the East Coast. It took a Supreme Court ruling to put a stop to that. They'll do anything they think they can get away with.

    Oh, for inexpensive assistance, consider going to one of the law schools where you live. They usually have law clinics which will get you going in the right direction or handle the case for a reasonable fee, as some student will be handling it (with supervision) and his grade will depend on the job he does. That's an incentive for getting it done right.

  16. #15
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    26,710
    Quote Originally Posted by Pro2A View Post
    If I had gotten one I would have gone and proved to the judge that I did not owe the $893 dollars.
    You say you can prove it. That should suffice for cleaning everything up.

    So now she was telling me that they knew my current address in April but not in June? She couldn't answer it and I told her my lawyer would be in touch.
    Best idea, so far.

    They're screwing with you, if (as you say) you can prove it, and if they're claiming they knew where to find you one month but not the next. As well, due to the failure to find you, even if you did owe the sum you should not be forced to pay any penalties or those little governmental, administrative "zingers" they tack on for not jumping just so high. They fouled up, on that score, hence they are just now notifying you, effectively.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Prepaid Legal Services as legal defense?
    By Olsen in forum The Second Amendment & Gun Legislation Discussion
    Replies: 12
    Last Post: September 9th, 2010, 02:38 PM
  2. Legal age in FL for shooting at the range without legal guardian
    By cmdrdredd in forum General Firearm Discussion
    Replies: 6
    Last Post: May 10th, 2010, 03:51 PM
  3. I am now legal
    By justherenow in forum Concealed Carry Issues & Discussions
    Replies: 23
    Last Post: January 31st, 2009, 06:43 AM
  4. MI State Police Firearm FAQ Legal Update - Open Carry LEGAL in MI and other good stuf
    By Cupcake in forum Concealed Carry Issues & Discussions
    Replies: 30
    Last Post: August 12th, 2008, 02:10 AM
  5. Am I Legal?
    By rugerp95 in forum Concealed Carry Issues & Discussions
    Replies: 11
    Last Post: January 23rd, 2008, 04:50 PM