Jump to content

CA contacted me for back state taxes 16 years old


Ravan
 Share

Recommended Posts

I was contacted by General Revenue Corp. Nov 16th, by phone.

Claiming that I owed back taxes to the state of Oregon for the year 1991.

Told them I was never contacted by the state of Oregon reguarding this,

Nothing was ever filed on my credit report that I know of, no lien was ever

filed against me. And before I took any action to pay or make payments, that

I need to find out what my rights are considering this is over 15 years old.

I was dealing with Oregon on back child support thru the late 90's while I

Lived in Hawaii. So they knew where I was and who employed me.

I received in the mail today Nov 21 the letter From GRC.

basicly it was a bill saying I had to pay.

3 things caught my eye on this letter.

paragraph from letter, back side

"As of the date of this letter, you owe the amount stated above. Because your credit agreement may require you to pay interest on the outstanding portion of your balance, as well as late charges and costs of recovery, which vary from day to day, as you agreed in your credit agreement, the amount required to pay your account in full on the day you send payment may be greater then the amount stated here. If you pay the amount stated here, an

adjustment may be necessary after we received your payment. In that even, we will notify you of any adjustment in your balance. We encourage you to call prior to making a payment intended to pay your account in full.

Please contact us at the adress on this letter or call..."

then below it is

acount number xxxx, current principal 499.79, current intrest 870.42,

current interest rate 11.000%

1st thing that caught my eye. Are they trying to Bring this up to date, by saying "As the date of this letter, you owe the amount stated above."?

2nd was that in the letter it does not state any where that it is for the

tax year of 1991.

3rd item was the interest rate. from what a could find on the Oregon Dept of

Revenue, is that the interest rate for back taxes is 6%.

could not find any where the Statue of Limitations for Oregon back taxes, any

one know?

16 years is a darn long time. and to be just notified about it now makes me wonder.

I currently live in South Carolina.

Link to comment
Share on other sites

I did a little checking and from what I gather there is no SOL for state taxes in Oregon.. most states are like this as well... also DONT fool yourself.. I know you live in SC , I am in NC and though we have no garnishment in our states this may be the exception.. taxes is NOT something you want to play with.. so for such a small amount I will settle this before they garnish

Your best bet is to call the AG office oregon they can give you an answer for certain but all the info I read indicates you have no SOL here

I have a similar situation.. a student loan.. they didnt contact me for over 10 years (I have lived in the same place for the past 15) I told them it was paid and of course who has those records!... and now nearly 18 years has gone by and they are trying to collect..and there is no SOL on that case either!

Link to comment
Share on other sites

You may want to contact the State or OR directly, too, to make sure this is not some sort of a scam.

Perhaps the state may waive fees, on an 'account stated' such as this, they may want to recoup something per an 'amnesty' situation, but who knows.

Try to pay the state DIRECTLY if you do owe it, then tell the CA to take a hike.

Link to comment
Share on other sites

First thing is to send a debt validation letter to the collector. In order to validate they must supply a copy of the judgment against you. Taxes are filed with a court as a judgment. If they don't have it, assume this is bogus until they prove otherwise.

At the same time, contact the State Treasurer department for the State of Oregon by mail and ask them if there are any outstanding taxes against you. By doing so by mail, you will get a "certified" answer. If it comes back saying you don't owe any back taxes, you can hammer the collection agency for fraud.

Be aware that taxes are not "consumer debt" as defined in the law. So the FDCPA does not apply. They can pretty much ignore the FDCPA, so don't be suprised if they fail to respond to your debt validation letter...they don't have to; and don't be suprised if they escallate this to harassment levels against you or family/friends. State protections may still apply so check your local laws to see if you have anything to hold the collector to regarding behavior.

Link to comment
Share on other sites

One thing I would add to the already excellent advice is to not put too much stock in the letter you received...I'm sure it is just a computer generated form letter that is exactly like the thousand other letters they sent out the same day...in other words, don't wast time trying to apply the general and vauge lauguage in this letter to your very specific situation. :)

Link to comment
Share on other sites

GRC like all big CA's get paid a commision, regardless of who you pay it to. Accounts are placed for a period of time and all pay directs get credited to the CA.

Make all payments payable to the State, if necessary. This way your USPS Money Order receipt shows the State as the payee for your records. If the State pays a commission to whomever, that's their business. In addition, I would not pay by personal check or credit card. Do NOT disclose confidential personal information to any CA or the State.

Best Regards,

June

Link to comment
Share on other sites

Make all payments payable to the State, if necessary. This way your USPS Money Order receipt shows the State as the payee for your records. If the State pays a commission to whomever, that's their business. In addition, I would not pay by personal check or credit card. Do NOT disclose confidential personal information to any CA or the State.

Best Regards,

June

Unfortunately a USPS receipt is not proof that a bill was paid. One of the oldest debtor tricks in the book is to buy a MO for a bill and then copy the receipt and then cash in the MO. It is a stall tactic. A cancelled check is your easiest proof. The state can find your bank account without much hassle and a CA cannot do anything with it...unless they want to pay you $$ for unauthorized withdrawal.

Link to comment
Share on other sites

Unfortunately a USPS receipt is not proof that a bill was paid. One of the oldest debtor tricks in the book is to buy a MO for a bill and then copy the receipt and then cash in the MO. It is a stall tactic. A cancelled check is your easiest proof. The state can find your bank account without much hassle and a CA cannot do anything with it...unless they want to pay you $$ for unauthorized withdrawal.

Where is this post coming from? Please re-read my post. I was not referring to using any tricks or stall tactics in paying an outstanding State Tax Bill.

Nevertherless, I'll comment on your response. Any original USPS Money Order Receipt may be absolute proof that a bill is paid coupled with a copy of the front and back of the cashed Money Order, which may be obtained from the USPS (for a fee) should that become necessary during legal proceedings.

The point I was making is that payment by an USPS Money Order does NOT disclose any new personal information. If the State or CAs want to SEARCH for bank accounts, credit cards or assets that's one thing, but one should never make it EASY for them or voluntarily provide banking information, credit card information (number with expiration date) or any other personal information. The less they know, the better!!!

Best Regards,

June

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.