What is the name of your state (only U.S. law)? CA
This may be a bit wordy but I'm hoping to answer all possible questions. This will also mention another state, but the question is CA.
In 2006, my sister (hereafter referred to as MS) and her long-time companion (hereafter referred to as CM) separated very bitterly.
They each had a personal vehicle. MS gave her 2003 Toyota to the CM to use as a trade in for a newer vehicle for the CM. MS went to the dealership and signed off on the Toyota. The CM signed over the CM's older van to MS. NO MONEY WAS EXCHANGED. It was a trade and both came away with something to drive.
MS immediately moved to Idaho. There she registered the van and turned in the paperwork stating that the van had been a gift b/c of no money exchanged.
Yeah, I know many do that illegally, but MS is afraid of her own shadow and everything HAS to be on the up and up.
MS contacted her few creditors, but did not put in change of address in CA for ID b/c she had so few bills and HAD contacted them.
Apparently the CA State Board Of Equalization began sending letters to MS to the address where the ex still lives. The ex never fwded them.
Two weeks ago MS did finally receive a letter stating she owed CA SBoE over $1000 tax on 'the purchase' of the van she came out with in the trade.
She contacted the SBoE and was told that the ex had signed a paper stating that MS had given her $10,000 for the van. She was also told that numerous letters had been sent to MS at the old address with regard to working out something financially. My sister told the woman she had not gotten them.
The woman said that was not of concern to her, but collecting the $1000+ was. The CA BoE also said that the ex signed whatever paper saying it was true, so as not to commit perjury. Sorry i have worded that wrong, I suppose.
MS contacted her attorney in CA who is handling a case against the ex that is going to Supreme Court. He told her to come up with anything she can to disprove this 'sale' of $10,000. MS has provided bank statements back to 2006 and all records she got from DMV.
No one is requesting the ex to prove a paper trail for this large amount of money b/c, as the woman at CA SBoE said the ex signed a paper ....
First of all, when mail comes to a place belonging to someone else, it is against the law to tamper/throw away that mail, I think.
Secondly, have people or entities come to a point where just b/c someone signs a paper attesting to the truth they believe that ALL people tell the truth?!?
If this ex had been so truthful, there would not be a case against her in CA with MS having all paperwork needed!
In case you ask, the case stems from the ex signing a promissory note and both MS and the ex taking it to a notary to be witnessed and stamped saying that the ex agrees to owing MS a very large sum of money and agreeing to pay it back.
And I'm having a big problem understanding how the ex can contest that, the courts not recognize the notarized agreement to the point where it has to go to a higher court.
SO, My question is since there was no transfer of $10,000, why would there be no request of proof from the ex? MS's attorney, who has also investigated this, basically said to pay it b/c what they are working on against the ex is more important.
MS is one of the large number trying to find a job! At this point, for the past almost year, she has been lucky enough to barely cover her house payment!
Is there any way to put a stall on this to give, if she has to pay it, MS time to come up with the money?
Doesn't anyone realize that if the ex will ignore a signed agreement, that the ex might lie about many other things!??
This may be a bit wordy but I'm hoping to answer all possible questions. This will also mention another state, but the question is CA.
In 2006, my sister (hereafter referred to as MS) and her long-time companion (hereafter referred to as CM) separated very bitterly.
They each had a personal vehicle. MS gave her 2003 Toyota to the CM to use as a trade in for a newer vehicle for the CM. MS went to the dealership and signed off on the Toyota. The CM signed over the CM's older van to MS. NO MONEY WAS EXCHANGED. It was a trade and both came away with something to drive.
MS immediately moved to Idaho. There she registered the van and turned in the paperwork stating that the van had been a gift b/c of no money exchanged.
Yeah, I know many do that illegally, but MS is afraid of her own shadow and everything HAS to be on the up and up.
MS contacted her few creditors, but did not put in change of address in CA for ID b/c she had so few bills and HAD contacted them.
Apparently the CA State Board Of Equalization began sending letters to MS to the address where the ex still lives. The ex never fwded them.
Two weeks ago MS did finally receive a letter stating she owed CA SBoE over $1000 tax on 'the purchase' of the van she came out with in the trade.
She contacted the SBoE and was told that the ex had signed a paper stating that MS had given her $10,000 for the van. She was also told that numerous letters had been sent to MS at the old address with regard to working out something financially. My sister told the woman she had not gotten them.
The woman said that was not of concern to her, but collecting the $1000+ was. The CA BoE also said that the ex signed whatever paper saying it was true, so as not to commit perjury. Sorry i have worded that wrong, I suppose.
MS contacted her attorney in CA who is handling a case against the ex that is going to Supreme Court. He told her to come up with anything she can to disprove this 'sale' of $10,000. MS has provided bank statements back to 2006 and all records she got from DMV.
No one is requesting the ex to prove a paper trail for this large amount of money b/c, as the woman at CA SBoE said the ex signed a paper ....
First of all, when mail comes to a place belonging to someone else, it is against the law to tamper/throw away that mail, I think.
Secondly, have people or entities come to a point where just b/c someone signs a paper attesting to the truth they believe that ALL people tell the truth?!?
If this ex had been so truthful, there would not be a case against her in CA with MS having all paperwork needed!
In case you ask, the case stems from the ex signing a promissory note and both MS and the ex taking it to a notary to be witnessed and stamped saying that the ex agrees to owing MS a very large sum of money and agreeing to pay it back.
And I'm having a big problem understanding how the ex can contest that, the courts not recognize the notarized agreement to the point where it has to go to a higher court.
SO, My question is since there was no transfer of $10,000, why would there be no request of proof from the ex? MS's attorney, who has also investigated this, basically said to pay it b/c what they are working on against the ex is more important.
MS is one of the large number trying to find a job! At this point, for the past almost year, she has been lucky enough to barely cover her house payment!
Is there any way to put a stall on this to give, if she has to pay it, MS time to come up with the money?
Doesn't anyone realize that if the ex will ignore a signed agreement, that the ex might lie about many other things!??
