Maybe I'm retarded - Judgement and now IRS records?

How long ago was the judgment granted? Their may be legal grounds to have it vacated, possibly because of some rules violation. But that's way above my head...

 

what are they hoping to gain by obtaining your irs records?are these tax returns and were you self employed and what years are they trying to get?

 

it almost sound,s to me like a credit review that i had back in the 80,s.i was called into court and ask about any assets such as gold ,silver any property,s that i owned, basically they wanted to know if i had anything of value that they could attach.are you being required by the court,s to answer these question?

 

Not to get off track but when my mil passed with no estate they kept calling and calling,even after death notice,so we changed her address to the cemetery and phone #.2 months later we get a phone call that she's getting mail and phone calls from creditors.And a summons.

 

Lets go the FIFO route with this. First In Last Out. (LOL)

Let's deal with the information they want first. What you need to do is go to docs.google.com and get yourself a Docs account. Its free. Then put all the questions they ask in a document and PM me the link to it. You will have to share the document so I can add in the answers for you. br/>
Your statements tell me you don't realize what you are dealing with here. Either you answer those questions or they will probably see to it that they are deemed admitted or they can end up demanding an assets hearing if they haven't already. If you fail to appear and answer their questions they can have the judge issue a contempt of court citation and off to jail you go until the next time the judge sets a hearing for you. Yes, it is exactly that serious.

I'll be glad to provide you the answers you need to get around most of their questions but not all. Some of them simply can't be gotten around and must be answered truthfully and correctly or else.

To the best of my knowledge they can't pull your tax records from IRS. I don't think anybody but government agencies can do that. That's why they want you to provide that info and more. I'll tell you what you must answer completely and fully and the ones you can fudge on and how to do that but I'm not going to do that in any open forum. That's why I'm having you do it on google docs. Only you and I will have access to it and as soon as I have provided you the info I want you to copy it down and then delete the page out of Google Docs too. Google docs don't ever show up in search results. I have put up over a hundred docs and none of them have ever shown up in any search results anywhere so we don't have to worry about any personal information getting out to the public. If you download and set up OPEN OFFICE you can download the DOC and you don't even have to do any copying. It does take a special plug in for open office in order to download the docs but that's no problem and it is all for free. You can also edit documents in open office and then upload them to google docs as well.

And don't worry about me charging you anything for the help because I wouldn't do that.

Now then, about the judgment being entered after the SOL had expired? When did you find out about that and can you prove it? If so maybe you can do something about it but not by trying to get it vacated. That usually don't work unless you can prove that they didn't serve you somehow.

 

Yes, it is a fishing paper. That's exactly what it is but that makes no difference. The lawyer is fishing for answers and hopes you are stupid enough or scared enough to comply and tell him all he wants to know so he can easily go get your money. The interrogatories have not been filed with the court and that is exactly what you hope to avoid, a court hearing on the matter. One thing that could be helpful in responding is for me to know how you make your money. SSI or other pension or by working at a job of some kind or by working as a private contractor of some kind. I don't want you to say where you work. Just a job or what?

 

As CapOne says, they're trying to get information without going to court. If you don't answer they'll have you summoned to court to give the answers.

And I believe the IRS will release tax returns as long as you authorize it. That's what they want you to sign. I know mortgage companies can do that.

 

That very well could be and the court could very well force you to give them written permission but there is a way around that too. Sign the document and under that put a notation saying [Signed under threat and coercion] and let them try to get around that. Take a digital camera to court and demand to be allowed to take a photo of the document you signed and if the court won't allow that then demand a copy of it right on the spot before the document leaves the courtroom. If the judge rules against that too then object. Of course the judge will say NOTED and when the judge says that come back with CERTIFY THE QUESTION. Assuming that gets denied too then demand the judge recuse himself/herself. If that is denied then take that all the way to appeals and notify the IRS that you signed a release of information form in court under threat and duress. I bet they won't get any information out of IRS after that. Defendants simply have to learn how to take them all the way to the wailing wall and beyond. Bottom line.

 

Yes, it has been to court and a judgment has been entered against the lady. Now she says she is a housewife but she does not live in a community property state. That means they can't go after her husband and they can't very well force her to get a job since she is a housewife who don't work. If her name appears on any bank accounts or any of their vehicles or their home she needs to get her name off of them. If she does what I have told her to do she will come out of this with no problems. Seems they forgot one little but very important detail which gives her a cause of action in federal court. If she does take them to federal court she will be very likely to make this thing go away.

I couldn't answer all that many of the questions they demanded answers to but they are not going to like the answers to the ones I did answer. Not much they can do about it. After all, if someone objects to giving their social security number for religious or security reasons not much they can do about that. Some other things are much the same way. The rest of the questions I didn't answer she will have to give truthful answers or they can get her for contempt of court.

If they try to force her to answer the others she can always file a motion for injunctive relief. That will give them something to think about too.

 

Look up "unjust enrichment". Dumb Bob holds a slightly different view from some, no make that a completely different view, he thinks that you should get a lawyer.

You claim you were never served. You didn't know about the judgment. If this is true, you now know about it. Every second you don't work on getting this judgment crushed is another second that the other side can use to say that you accepted the judgment as is.

Dumb Bob doesn't know what the judgment amount is or the interest rate that is increasing it, but it doesn't really matter, time will make it bad enough. Please get a consult with a good consumer lawyer who can make the right decisions. If it turns out that getting rid of the judgment is impossible for some reason, then you might just go it alone asking for help here, reading and the like. But while there might be some chance of a way out, at least try that.

Dumb Bob hasn't read whatever file you are talking about, of course, but from reading this page of discussion, it looks like they are simply trying to find out what you own so they can start taking it. Your state probably has some rules about what you can protect when you have a judgment against you. You should look these up.

 

How do you think she would be able to use unjust enrichment? To use it she would have to file a separate lawsuit against the creditor who already has a judgment saying the enrichment is just and owed to the plaintiff.

she may be able to get the judgment vacated if she can prove that she could not possibly have been served at the date, time and place claimed by whoever served her. That does happen.

Where would she find one of those? Then how does she afford it without revealing that she has a source of funds she should have been paying to the plaintiff?

It isn't a case of PROBABLY. All states have such laws and so does federal. The fastest way for her to get that information would be to go to lawdog.com and look it up for her state.

 

Again, Your state is not a community property state therefore the above don't make much difference one way or the other.

How roughshod they will be is going to depend on the court you are in to some extent and who the plaintiff's attorney is. If the attorney firm is LB&N for instance then they can be pretty tough to deal with unless you know how to deal them back. I told you how to do that. Somehow I doubt that the lawfirm is LB&N but I could be wrong. Depends on what judge you have too. If I knew who the judge is there is a small chance I could get you some info as to what kind of reputation that judge has. I know of a web site that rates judges from all over and tells how consumer friendly that judge might be. In any case, you are in a tough situation and yes, you do have to answer all those questions unless you are willing to file for a protective order and I'd hazard a guess that doing so probably won't get you anywhere.

You can count on the fact that getting around paying the judgment off isn't going to be easy no matter that you are a housewife and don't work. They can't force you to borrow money to pay it off even if you could but the fact remains that as a housewife you aren't exactly reduced to eating out of dumpsters and stealing your clothes from the goodwill boxes so your money to live on and pay rent or mortgage and utilities has to come from somewhere. The logical deduction is that you rely on your hubby to maintain you and if hubby can maintain you then you can get the money from him to pay with. That may or may not actually be true but that is the logical inference they will go by. I told you how to get around having to pay them and if you aren't willing to do that then you might as well get the money from your husband or wherever you can and pay up to keep the costs from escalating and making the situation worse than it already is. Fighting only works if you are ready, willing and able to take it to the max no matter what. Spending money on lawyers will only turn out to be wasted money that should have gone to paying the judgment. You won't be likely to find one anyway who has the competence to deal with the situation. Your state simply don't have any such lawyers. Trust me on that. I can easily refer you to several lawyers in your state and maybe even in your home town but I can already tell you there are none there. Yes, I know what state you live in now.