I won against a CRA.. not that much of an amount, but won nonetheless. They mailed me a 1099 or some tax form.. I prompted mailed it Certified, RRR.. I still haven't gotten my check yet. It has been about 60 days. What now? What can I do? Can i charge interest, tack on fees, etc? Help anyone? Suggestions?
They should not have sent you the 1099 unless you have been paid the cash. Least I have never gotten a 1099 without already being paid. As far as taxes go...unfortunately I believe you are taxed on income awarded. -Peace, Dave
just for clarification.. I found the form.. it is actually a W9 that I filled out and sent. Unfortunately I can't find the certified RRR proof.. i may be able to find it. Any suggestions? LK - you really think I can collect interest on this as well? The steps on the back of the small claims instructions state: a) Collectin fees - sometimes fees are charted for filing court papers or for serving the judgement debtor.. I already won this and is due to me. $28 b) voluntary payment - ask the judgement debtor to pay the money. If your claim was for poessession of propery, ask the jjudgement debtor to return property to you. The court will not collect the money or enforce the judgement for you. c) statement of assets - if the judgement debrtor does not pay the money, the law requires the debtor to fill out a form call the judgement debtor's statement of assets. this form will trlel you what property the debtor has that may be avilable to pay you claim... etc. if the debtor willfully fails to send u the completed form, u may has the ourt to gove you your atttorney's fees and expenses and other appropriate relief, after proper notice under code of civil procedure esction 708.170. d) order of examination - you can also make the debtor come to court to answer questions about income and property. to do this, ask the clerk for an order of examination and pay the required fee. there is a fee if a law officer serves the order on the judgement debtor. you may also botain the judgement debtor's financial recrods.. ask the clerk for the subpena duces tecum form. e) writ of execution - after you find out about the judgement debtor's property, you may ask the court for write of execution and pay the required fee. a writ of execution is a court paper that tells a law officer to take property of the judgement debtor to pay your claim. here are some examples of kinds of property the officer may be able to take: wagees, bank account, automobile, business property, or rental income... etc. f) abstract of judgement - tired of typing now.. ANYWAY.. any ideas?? Can i get more from this? BTW, I won $250 + $28 court filing fees..
Send them an information subpeona. You might be able to pick them up and get instructions from the small claims clerk. L
Ender, You aren't being taxed until you receive the money. The W-9 is so they can report who they paid amount to properly. But once you do, the amount is taxable, unfortunately. However, you are still ahead of the game, after taxes. You will most likely get a 1099 from them after they pay you. It is to THEIR tax advantage to send you one. Big corporations take forever to move on anything. The check authorization is either sitting on someone's desk under lots of paperwork, or their are discussing an appeal with their attorneys (unlikely since you got the W-9).
