Need help w/how to tackle a paid judgment

[MadinKS]

I wanted to expound on my prior post and I came up with another question. I am going to the courthouse tomorrow morning to get a copy of the judgment and see how they claim I was served. If I find that it is improper should I call the Dept. of Revenue and ask them to remove it or should I just start the Motion to Vacate route? I would prefer to call them and get it done that way but I don't see it happening. Any suggestions for me if I was served improperly (not at all) and I thought you had to be sued in the county you reside in. Am I crazy? Please help if you can. Appreciate it.

I have a tax lien/judgment from 2003 (Satisfied)on my CR from the Kansas Dept. of Revenue. I live in Sedgwick county and the Docket is in Sumner county. My question is tri-fold. Does the state of Kansas have the right to file a judgment when they didn't even follow the state statutes for process service and shouldn't they be required to file in the county of my residence? Now for part three. Is this grounds for Motion to Vacate? Any help would be great. Thanks.

[kevin3344]

If I find that it is improper should I call the Dept. of Revenue and ask them to remove it or should I just start the Motion to Vacate route?

DOR can't remove a judgment; you need to go through the court process. The court clerk will have all of that information.

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Vida

Edited September 9, 2011 by kevin3344

[MadinKS]

I was kind of thinking that but wasn't sure. Thanks for the quick response. I guess I'll be at the courthouse a little longer than I thought. Do the clerks usually have some type of template for the pro se guys? I am treading in unfamiliar waters with this.

[kevin3344]

Sure, just tell them you want to file a motion to vacate.

________

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Edited September 9, 2011 by kevin3344

[MadinKS]

Well, I went to the courthouse today. Seems the tax warrant is considered a judgment and it's all of 1 page long. Paraphrased it says you currently owe on deliquent taxes and the Director of Taxation directed the Sheriff of Sumner county to put a levy upon and sell our personal property or real estate to collect on the taxes. All of $461!!! Which I paid on Nov 12, 2003. The letter is dated 7 Nov. 2003! 5 FLIPPIN' DAYS! I called the DOR and they said there's nothing they can do to erase it because they don't report. No sh!t. I called Experian, the only ones reporting it. I asked who they verified with and they told me they use the internet public records! So, apparently the internet is 100% accurate for reporting on public records. I'm so pissed right now I can't see straight. I asked the DOR lady why I wasn't served and she said that it doesn't need to be served because it's basically a tax lien and they can do what the hell they want to, when they want to. I said, so you can put a lien on my property, have the sheriff come to my door and tell me to leave so they can sell my property (for $461) and you don't have to at least send a letter? NOPE. What a great F&!@in state. Whew. I'm done. Now to my question. Should still try for motion to vacate on the no service anyway? Is it worth a shot. This damn thing will be on my record till 2010 if I can't get it expunged or deleted or something. Any loopholes you legal minds can see?

Thanks.

Here is the statute regarding collection of delinquent taxes for KS:

79-3235

Chapter 79.--TAXATION

Article 32.--INCOME TAX

79-3235. Collection of delinquent taxes; tax lien. If any tax imposed by this act or any portion of such tax is not paid within 60 days after it becomes due, the secretary or the secretary's designee shall issue a warrant under the secretary's or the secretary's designee's hand and official seal, directed to the sheriff of any county of the state, commanding the sheriff to levy upon and sell the real and personal property of the taxpayer found within the sheriff's county for the payment of the amount thereof, with the added penalties, interest and the cost of executing the warrant and to return the warrant to the secretary or the secretary's designee and pay to the secretary or the secretary's designee the money collected by virtue of it not more than 60 days from the date of the warrant. Firearms seized may be appraised and disposed of in the same manner prescribed in K.S.A. 79-5212, and amendments thereto. The sheriff, within five days after the receipt of the warrant, shall file with the clerk of the district court of the county a copy thereof, and thereupon the clerk shall either enter in the appearance docket the name of the taxpayer mentioned in the warrant, the amount of the tax or portion of it, interest and penalties for which the warrant is issued and the date such copy is filed and note the taxpayer's name in the general index. No fee shall be charged for either entry. The amount of such warrant so docketed shall thereupon become a lien upon the title to and interest in the real property of the taxpayer against whom it is issued. The sheriff shall proceed in the same manner and with the same effect as prescribed by law with respect to executions issued against property upon judgments of a court of record and shall be entitled to the same fees for services to be collected in the same manner.

The court in which the warrant is docketed shall have jurisdiction over all subsequent proceedings as fully as though a judgment had been rendered in the court. In the discretion of the secretary or the secretary's designee a warrant of like terms, force and effect may be issued and directed to any officer or employee of the secretary, and in the execution thereof such officer or employee shall have all the powers conferred by law upon sheriffs, and the subsequent proceedings thereunder shall be the same as provided where the warrant is issued directly to the sheriff. The taxpayer shall have the right to redeem the real estate within a period of 18 months from the date of such sale. If a warrant is returned, unsatisfied in full, the secretary or the secretary's designee shall have the same remedies to enforce the claim for taxes as if the state of Kansas had recovered judgment against the taxpayer for the amount of the tax. No law exempting any goods and chattels, lands and tenements from forced sale under execution shall apply to a levy and sale under any such warrant or upon any execution issued upon any judgment rendered in any action for income taxes. Except as provided further, the secretary or the secretary's designee shall have the right after a warrant has been returned unsatisfied or satisfied only in part, to issue alias warrants until the full amount of the tax is collected.

If execution is not issued within 10 years from the date of the docketing of any such warrant, or if 10 years shall have intervened between the date of the last execution issued on such warrant, and the time of issuing another writ of execution thereon, such warrant shall become dormant, and shall cease to operate as a lien on the real estate of the delinquent taxpayer. Such dormant warrant may be revived in like manner as dormant judgment under the code of civil procedure.

History: L. 1933, ch. 320, § 35; L. 1937, ch. 370, § 7; L. 1976, ch. 145, § 244; L. 1977, ch. 109, § 41; L. 1984, ch. 147, § 22; L. 1988, ch. 383, § 3; L. 1998, ch. 130, § 34; L. 2005, ch. 141, § 5; July 1.