Whychat, Iâ??ve downloaded and digested much of the Statutes for Civil Procedure of my state, and can find very little regarding tax liens. It said in several places that tax liens were to be treated the same as civil judgments. If this is the case, then the following should apply: (from Kansas statute #60-204) â??â?¦the party served was made aware that an action or proceeding was pending in a specified court in which his or her person, status or property were subject to being affected.â? In context this statement addresses that the court accepts many different ways in which the defendant can be served, as long as they are aware of the service and impact to their property. (mail, residential, etc) Because there is noted failure to serve me, whether by mail or in person, and this tax lien does constitute action taken against my property, and that tax liens should be treated as civil judgments (which according to law require service) fall in my favor of having the â??judgmentâ?? vacated? The entry on my credit report is â??Civil claim judgmentâ?. No verbiage about a tax lien is given. I would be very thankful if you could give me your take on this as it seems contrary to your statement below regarding that no service is required for tax liens. To compound this issue, I have a letter from the US Post Office admitting several months of accidentally forwarding my mail after my neighbor moved. This caused me to not receive several/most of the original tax bills sent by the state. Thanks again for your help!
I'm not a lawyer, but I'm familiar with NY State law on this subject, and I think that the reference to treating the tax lien as a civil judgement applies to the type of property that can be seized, and the types of property that are exempt from seizure. If you owe the tax all the state really has to do is send you a copy of the warrant they filed with the court
Just a thought... you need to look at the TAX Laws for Kansas, before you look at the Civil Procedure Laws
Re: Re: Whychat ?? re:civil statute/process Thanks pd, I will look for them and give 'em a read tonight. The reason I'm treating these as a civil judgment is because that's what they have categorized this as. Thanks for your response.
Re: Re: Whychat ?? re:civil statute/process ....which they never did. Is that what is required in NY?
Re: Re: Re: Whychat ?? re:civil statute/process Sorry CMA, Like I said, I'm no lawyer I only know from the experience of trying to clear up my girl friend's tax problems. All she got in the mail, not even certified mail, was a copy of the warrant authorizing the state to place liens on her property
Re: Re: Re: Whychat ?? re:civil statute/process You apparently have several issues here. 1- Failure by the PO to properly deliver your mail-- You can prove this.You have documentation that shows YOUR mail was forwarded to a "moved" neighbor's forwarding address. 2- IS this a property tax lien? I don't believe Kansas has a State Income tax, so I ass u me'd it was a property tax. 3- The fact it is filed as a civil judgment simply means it is NOT a criminal judgment. 4- You really need a Kansas lawyer to unravel this mess for you, you MAY have some claim against the PO, you MAY be able to get the judgment vacated, you MAY be able to get it expunged from your reports. 5- Since you PAID the account, you DID have notice of it,did you not? What EXACTLY did this notice say? Did it say perhaps that a judgment was being placed against you?
