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debt owed by former employer

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DL1000

Junior Member
What is the name of your state? California
A previous employer owes me approx. $2000 in business expenses that I put on my credit card (because he didn't have a business one ) that I incurred while opening a store for him. It was approx. 5 years ago. I have copies of the receipts. I have sent him a request for reimbursement (with the origainals) as well as a letter. No response. I assume that he is blowing me off. Is there a statue of limitations on this and if I serve one of his employees (summons), is it legal. He is notoriously hard to find.
 
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JETX

Senior Member
"Is there a statue of limitations on this"
*** To my knowledge, there is no such thing as a "statue of limitations".
However, there is a STATUTE of limitations. In California, the SOL is 2 years for an oral agreement, or 4 years if in writing. Since your post says the debt is five years old, any chance you had to force him to pay has expired.

"and if I serve one of his employees (summons), is it legal."
*** If you had a valid debt, you would have had to serve the defendant, or if a corporation, upon its agent.
 

bb_wolfe

Member
Your tax professional should be able to help you. MAKE SURE YOU SEE A CPA, not some HR Block doorknob.

1040X's may be in store for you, at least that's what I think the form is.
 

JETX

Senior Member
bb_wolfe said:
Your tax professional should be able to help you. MAKE SURE YOU SEE A CPA, not some HR Block doorknob.

1040X's may be in store for you, at least that's what I think the form is.
HUH??? What does this post have to do with taxes and filing an amended return (1040X)???
Methinks you posted your response to the WRONG thread!! :D
 

bb_wolfe

Member
http://www.irs.gov/pub/irs-pdf/f2106.pdf

I'm not a tax professional, but before I started my business, I *think* my CPA used this form with a 1040X to get back some employment related expenses I failed to state on my previous year's tax return. I'm at my office now so I don't have access to my old returns, but I'm pretty sure the 1040X and Form 2106 were used. I could be wrong! :>

Form 2106
1040X
 

JETX

Senior Member
Still confused....
There is NOTHING in this thread that would even imply that an IRS filing is relevant.

Simply, the writer has an old expired debt owed to him by a former employer. There isn't even anything to imply that taxes are involved!!
 

bb_wolfe

Member
Jet - I can see your point, however...

If he stuck employer expenses on a personal account and wasn't reimbursed for those expenses, the employer's Gen. Ledger will be off, thus they will have to compensate the balances.

Same is true for the employee, if an employee has unpaid business expenses for their job, they can write those off on their yearly tax filings.

The relevant point here is NOT whether the OP has a legal case at all. He has no case regardless of SOL expirations.

The correct thing for him to do in the first place was to write off the expenses he paid for his employer for the year they were incurred. Even if this post had been made 4 months after he was fired, the same thing needed to be done: the tax route!

This happens all the time, that's why the tax code was updated to handle this situation.

Hope I explained myself correctly this time, and had I done so in the beginning, that may have helped also.

PS. I still stick to my oringial *think* disclaimer! :>
 

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