ok guys I really do not have a Clue about this one. What happened is my friend had her fed taxed taken from her. Her husband (of 5 years) had a home foreclosed on him. That was 6 years ago. She had no prior knowledge of this AT ALL.. until this letter..!!!!!!!!!!! What the letter says... The Agency has previously sent notice to you @ the last address known to the Agency. That the explained the amount and type of debt you owe, the rights available to you, and the Agency intended to collect the debt by intercepting any Federal payments made to you, including tax refunds. IF YOU BELIEVE YOUR PAYMENT WAS REDUCED IN ERROR OF IF YOU HAVE QUESTIONS ABOUT THIS DEBT, YOU MUST CONTACT THE AGENCY AT THE ADDRESS AND TELEPHONE NUMBER SHOWN ABOVE. The U.S. Department of the Treasury's FIN. MANG serv. cannot resolve issues regarding debts with other agencies. Ok... When she got this letter... she called them... the refused to relinquish any information to her...!!!! They have garnished her taxes b/c they filled jointly.. BIG MISTAKE...!!! BUT... like I said she never knew about this nor have they ever mailed anything to her/their address.(she has lived there @least 17 years and he has lived there since they got married)...!!!!!!! Is there anything she can due about this? Is there any way to get her taxes back????? Don't they have to verify this debt? Where should she start? Can they take her Fed taxes like this w/out proving the debt and etc???Can she send them a Validation letter??? I am lost .... Can someone PLEASE HELP..............??????????????
Look on the IRS website at http://www.irs.gov There's a form called something like "wounded spouse" that's specifically designed for your friend's situation. All she has to do is file it giving all the explanations as to why she is not liable for her husband's previous debts and the IRS reimburses her. From what I've heard from friends it is a pretty straight-forward process...once you get over the shock!
Ok. Hope is right, but what was the debt for? Who did she owe the money to? That might make a big difference too. Student loan or child support or what?
I had to do this with my hubbys back child support. Its called an 'INJURED SPOUSE FORM' all you do is fill it out, and in about 4 weeks (thats what it took for mine) you get what SHOULD have been yours if you had filed alone. Kellie
KEllie..... Did you get a Full Refund of what was taken from the taxes? Or did they redo everything thing and send you a differnet amout? I don't think I understand what you are saying....???
Ok I have 2 forms here. I can't figure out which is the right one to use...!!! The form that requires you to send in a statement of WHY they shouldn't take her taxes is 8857 'Request for innocent spouse relief'. The one Kellie was talking about is a 8379 Injured spouse relief.. but you don't have to send in a statement. I am confused.. what is the difference and which should she send ...???
Ok I just found out that kellie is right it is an Injured spouse form b/c it happend to him before they got married.
No, Bkev, guess I didn't. Says it was for a home loan they foreclosed on. Must have been a govt funded home then. If it was privately funded money from a bank they could not have done that. Thanks for pointing that out to me. Guess you are not the only one who misses points made in some of the posts, are you?
They can place a lien against any real property and collect if it is sold for more than mortgage payoff amt.
Breeze.. if it is for more... then what do they have to collect? What happened.--->>> He was in a very bad accident and in a body cast for a year and a half. This is when all of this happened. From what he is telling me the broker he dealt w/ told him that he wouldn't owe a dim on the home if he released it. This was while he was still in the hospital. From that date he let it go...... he has heard nothing about him owing one dime on that house..!!! When he called to talk to them about the debt.. the refused to give him any information. They wanted him to fax in a written signature before they would talk to him..(really weird hun?) IS there anything he can do to get this off of him or beat this? Don't they have steps they have to go through (like car repos)? He has really been done dirty through out the whole deal..!!!!
Hey! This thread is jumping around more than my poor leetle brain can follow. The advice on the injured spouse thing is the right way for your friend to go. But what I fail to understand yet is the source of the mortgage. Was it a federally financed home that was taken away from her husband? That's the only way that I can see that it would be legal for them to take tax refunds in the first place, and then I don't know if they can do that or not.
Hi Bill Sorry I wish I could of answered you earlier....!! She is going to do the injured spouse form. Bill...I think it is like FHA. The paper she gave me shows the debt they claim owed is from the USDA-Rural Development Rural housing Service. I still don't see how they can get a Judgment and etc w/out getting in touch with you..!!! They claim the sent it to his last know address.. well there is no last none address.... After the got married they moved into my moms home. I hope they would send it to the address they foreclosed on or the hospital address ... ;-) Also.. I told you guys wrong... they have filed joint for the past 5 years. This is the first time they have taken their taxes. All in all ... it doesn't sound right to me...!!! There has got to be something he/they can do to get relief of this debt.. especially when the broker said he would owe nothing if he signed it over...!!!!
The verbal "agreement" don't mean much. I'd say the best thing to do would be to quit worrying about all the why's, howcum's and whatfor's and move on to something that might be more productive which would be to check out the county courthouse and find the judgment and look that over to see if it's a valid or a void judgment. No matter who filed it, there is probably an outstanding chance that it can be overturned and then their fat would really be in the fire. Of course, the Injured Spouse routine should also be followed as per the suggestions you have already received. No need for me to say more on that angle of attack.
Federally guaranteed debt. If it's like a student loan, it never goes away... not even after seven years. I guess they should consider themselves lucky that it took 5 years before they kept the tax rebate. Is it possible they didn't have rebates the other years? If they filed seperate tax returns, the IRS would have just kept his, not hers. I don't know if they will have any luck getting anything back since they filed a joint.
Yes. If a judgment has errors which render it void, it is void in any court, Federal, State or local. I'll not go into the long song and dance about what might possibly render a judgement void upon it's face or attackable since I've already done that somewhere today and many other times as well.
Let me know if I can help out in any way with suggestions on things she might need to look for. I never charge for such help in the judgment area since I'm not an attorney and can't give legal advice, only suggestions on things she might want to look for or links to websites that might help her out. Anyway, I find that when I give help I often learn as much as the person I'm trying to help. We both learn a lot sometimes. Makes it well worth the effort.
