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07-13-2005, 03:33 PM
| | Member | | Join Date: Feb 2005
Posts: 50
| | statute of limitations?!?!?!?!?!?! What is the name of your state?Mass
about twelve years ago i lived in RI, where i owned a used car, when i moved to mass i turned in the plates and got mass plates. now ten years later i started working in RI while still living in mass. about a month ago i recieved a letter from an attorney in RI stating that i owed 500.00(roughly) in back excise tax. the original amount owed was roughly 50.00 as the car was about 5 years old then. they said since they were unable to find me(even though i did all the proper paperwork to change my license, address, and plates to ma) they are tacking on about 450.00 worth of late fees. i only keep checks/doc's etc for 7 years which i thought was the required limit so i couldn't prove whether i did or did not pay the bill. isn't there a statute of limitations on this stuff, now they're talking about accessing and of my personal properties, and paycheck.  | 
07-13-2005, 05:51 PM
| | Member | | Join Date: Jan 2003 Location: Pennsylvania
Posts: 688
| | | A judgement must be rendered in order to garnish wages or go after property. Send this inept lawyer a nice letter requesting debt validation. Odds are he/she doesnt have the actual paper trail, and even so...its definitely outside the range for collection or suit. Its been said on this board that even debts that are beyond SOL can be taken to court and that its the defendents responsibility to bring up the SOL as a defense motion. | 
07-14-2005, 01:54 PM
| | Member | | Join Date: Feb 2005
Posts: 50
| | Thanks!  | 
07-14-2005, 09:04 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | You need to find out from RI DMV if they have any records that old for your old RI plates being turned in. If you surrendered them to the DMV in Mass, they SHOULD have sent them to RI. I used to live in MA, I made damn sure those plates got sent back when I left. If the DMV has no records that far back, then you should, indeed, ask for some kind of PROOF thru debt validation that you actually owe this debt. However, since it IS for taxes, the SOL may not apply.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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07-14-2005, 11:05 PM
| | Member | | Join Date: Feb 2005
Posts: 50
| | | can they do that through name and ss# cause i sure don't remember my plate number...i also returned them to the RI DMV when i moved so they shouldn't have had to be sent anywhere...and i don't mind paying the "actual" excise tax that i originally owed but not 10 years worth of late fees. i mean i did all the paperwork and a forward of address which means(as far as i'm concerned) that they should have been able to find me in the last 10 years. not to mention the fact that even though i moved i still had to file state income taxes the following year..which again would mean that they would have had access to my address and to my social security number, if they can't do basic work why should i pay for their 10 year old ignorance...maybe it's just me tho..????? | 
07-15-2005, 05:37 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | Quote: |
can they do that through name and ss# cause i sure don't remember my plate number.
| Probably, if its in their system still. Quote: |
i also returned them to the RI DMV when i moved so they shouldn't have had to be sent anywhere..
| Ahh.. then perhaps someone has just dropped the ball or made an error. Quote: |
if they can't do basic work why should i pay for their 10 year old ignorance
| I would agree. Write them a letter telling them that you returned the plates 10 years ago, IN PERSON, and to please provide you with PROOF that you owe anything at all. Send it certified, RRR so you know when they get your letter. In the meantime, follow up with the DMV yourself.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
| 
07-15-2005, 06:14 PM
| | Member | | Join Date: Feb 2005
Posts: 50
| | | thanks,cross fingers well i have a debt validation request letter that will be certified,RRR same day service as of tommorrow, so at the latest they'll get it monday, i'll call the DMV the same day and find out what the hell is going on, i mean they should have been able to find me, not like i fell off the face of the earth (although sometime it would be nice  lol) so hopefully once they recieve the letter they'll provide some sort of proof of debt and then i'll have a full 30 days to do my own investigation on whatever it is that they call proof...if they can provide any at all. thanks for the advice! i know i'm crossing my fingers on this one.  | |
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