This is a sensitive question that I hope someone can help. 9 years ago I was on probation for a disorderly offense. It's important to note that it was not criminal, but did end up as a 5-year probation with restitution. I paid the debt quickly, and was given receipts as well as a letter stating the debt was paid. About 1 year into my probation the authorities allowed me unconditional release from these visits. 8 years go by and everything is quiet until I receive a tax refund notice from the state, advising my refund is being garnished because of a delinquency with the probation department. The department never sent me notices, there has been no arrest warrant issued, and it has not shown up on my credit reports. IN addition, I have received refunds every year from the state prior to this notice. The problem is all my documents from the case, including the receipts are lost from several moves. The lawyer I used, whom I seriously mistrusted, never received any copies of the notices from the state. I will never speak to him again after his mishandling of my case plus my taking him to court for overcharges (I got back about 2k). This was a tragic time in my life I wish I can forget, but it keeps coming back. I have always been a lawbiding citizen and still feel to this day I got the short end of the stick. Based on above, can anyone offer advice what to do? I don't owe the state any money, they must have not indexed the payments correctly. But I have no rebuttal except my word. Now I am afraid they will lay into my credit report or worse, issue an arrest warrant. HelP! Thanks
You need to contact the probation department and/or the court that handled your case and see what documentation they have If you were granted a release from probation that should be in their records
what pd said. also you can go to your county and request your files they will charge a small fee but you need them and should keep them for LIFE in a safe place.
I spoke with the officer handling this. He advised after looking at the microfiche there was indeed a letter signifying I paid the fine, but according to their records I did not. He also advised they are going to lift the tax set-off and I will receive a check from the state in a few weeks, but I will most likely have the alleged owed money garnished next year if I get a refund! This seems near ludicrous. They changed over to a computer system about 2 years ago and after almost 9 years are coming after me? It seems that they can say whatever they want and I owe them, no matter what I argue? What to do?
Adjust your W4-witholdings so that you end up owing a small amount like $100 or 200$ at tax time - voila! no refund, nothing they can take
Funny thing is--THEY DON'T CARE!! "We make mistakes, we are human, but unfortunately you still owe the money." So a document advising I already paid it means absolutely nothing to them because they are state government. No SOL on uncollected fines ,even though I 'paid' it.
And what good is it to adjust my W4 when we are talking about those with the judicial power to put me in jail if I don't pay an 8-year old 'PAID' debt. Just ridiculous.
Government authorities usually keep receipts, if they issued one, they should be able to track it down. You may have to be persistent and speak to more than one person in order to get it. If the PO says they have a letter, GET A COPY OF THE LETTER!!! That way if they ever do anything to you, you will have SOME PROOF that what you claim is correct. Then, if they throw red tape at you, you can deal with them by creating more red tape
1) Get a copy of the letter. 2) When the beaurocracy fails, switch to the political arena. Employees answer to elected officials. Idiocy looks bad, and elected officials have an interest in fixing problems.
I agree with ontrack. Get a copy of the letter, and any receipts if you can. Then send it, along with a copy of the notice that they are going to garnish your tax refund, to your Senators and Congressman. You could try your state officials first. Maybe even the Attorney General, especially if control of the government has changed from one party to the next.
Thanks for all the responses. There are avenues you advised I will most likely need to follow. The latest is I received some documents at my current address, but they did not send me a copy of the signed PIF letter or any receipts! They only sent me a 2/1/95 court order doc and a computer printout advising of the total balance and what they perceived to still be owed on it. Apparently my former attorney incinerated all documents, indicating he does not hold onto minor charges longer than 10 years! How convenient. There is no evidence they presented to me advising any plan to actively pursue this claim. Only during our phone conversation did the officer mention the chance I may have future tax refunds garnished. The only 'fear' I have, if you will, is that the actual case gets thrown around and works against me in some way politically. Because of the circumstances that did work against me 10 years ago, I wonder if any political officials are willling to help a former disorderly offender. As a side note, after this case 10 years ago ended I took my attorney to court claiming overcharges, to which I was awarded 2k in small claims. Just an indication of the misrepresentation I received....
