Document request. From who? Who do I object to? Statute of limitations defense. Part 1

[Legal surfer]

What is the name of your state? Ohio

Document request. From who? Who do I object to? Statute of limitations defense. Part 1

Table of Contents

Introduction

Letter #1 from Plaintiff:

Letter #1 response:

Letter #2 from Plaintiff:

Letter #2 response:

Letter #3 from Plaintiff:

Background

Judgement Lien

Garnishment

List of Assessments

Questions

* * * * *

Introduction

Letter #1 from Plaintiff:
12-12-19
Re: Our Client: State of Ohio
Reference No. 1234567
Balance: $99999.99
Dear Sir/Madam
I have been appointed Special Counsel for the Ohio Attorney General. Your State of Ohio file has been forwarded to my office for collection in the amount of $99999.99. If applicable, there may be interest, late charges and other charges that may vary from day to day, the amount due may increase after the date of this letter. For further information or to make payment arrangements, write or call Aide to Counsel (not an attorney at law), Aide-to-Counsel-full-name Aide-to-Counsel-phone-number. Our office phone hours are Monday – Friday 8:00 a.m. to 5:00 p.m. (Eastern time), and our mailing address is Law-firm-mailing-address.

For your convenience, you may pay by phone using an electronic check, debit/credit card. Checks are made payable to 'Ohio Treasurer of State' and mailed to the address listed below. You may also pay online at http://ohio-ag.force.com/Payment. Processing fees may apply to these payments.

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice that you dispute the validity of this debt, or any portion thereof, this office will obtain verification of the debt or obtain a copy of a judgement and mail you a copy of such judgement or verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original creditor, if different from the current creditor.

(In bold print) This is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.
Sincerely,
Partner-of-law-firm-full-name
Special Counsel to the Ohio Attorney General
Head-of-law-firm-full-name by and through Partner-of-law-firm-full-name
Special Counsel to the Ohio Attorney General

Letter #1 response:
01/08/2020
I responded to Letter #1 by saying "I dispute the validity of this debt".

Letter #2 from Plaintiff:
January 15, 2020
800230
Re: Our Client: State of Ohio
Reference No. 1234567
Balance: $99999.99
Dear Sir/Madam
We have previously contacted you regarding the above referenced obligation, but have not received any response. It is imperative that you contact us to make payment arrangements.
Please write or call Aide to Counsel (not an attorney at law), Aide-to-Counsel-full-name Aide-to-Counsel-phone-number.

Our phone office hours are Monday – Friday 8:00 a.m. to 5:00 p.m. (Eastern time), and our mailing address is Law-firm-mailing-address.

(In bold print) This is a communication from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.
Sincerely,
Partner-of-law-firm-full-name
Special Counsel to the Ohio Attorney General
Head-of-law-firm-full-name by and through Partner-of-law-firm-full-name
Special Counsel to the Ohio Attorney General

Letter #2 response:
01/29/2020

Partner-of-law-firm-full-name:

This is in response to your letter dated January 15, 2020 regarding Reference No. 1234567, the first paragraph of which is:

"We have previously contacted you regarding the above referenced obligation, but have not received any response. It is imperative that you contact us to make payment arrangements."

First of all, I responded to your original missive on time. I have proof.

The status of the USPS Tracking of the package is:
"Your item was delivered in or at the mailbox at 1:47 pm on January 11, 2020 in COLUMBUS, OH 43215."

I responded to your original missive by saying "I dispute the validity of this debt".

But, this does not matter. The debt is past the statute of limitations and therefore you cannot sue me or take any other kinds of actions against me for the debt.

My-full-name
My-full-address

Continued on part 2.

 

[TheGeekess]

Combine your posts into one thread, please. Nobody is going to chase all over this site for someone's three-thread posts. And you'd do better to TLDR it, as well, because I doubt anyone is going to wade through all that. If you want someone to do so, I suggest you find an attorney and pay them to do that.

 

[quincy]

The last part of your “Part 5” thread - where you ask your questions - is really all that was necessary to post here.

In 2017, when you first posted about your tax debt, you apparently had been told that the statute of limitations would not be a defense.

You were also advised in 2017 to hire an attorney to assist you. I assume you chose not to follow that advice?

 

[Zigner]

@Legal surfer - your letters crossed in the mail. Chill out.

 

[quincy]

Here is a link to your original 2017 thread:
https://forum.freeadvice.com/threads/statute-of-limitations-for-collection-of-state-of-ohio-back-taxes.638209/

FreeAdvice has a member who is a tax attorney. You should wait for “Taxing Matters” to respond.

 

[Legal surfer]

Thank you, TheGeekess, quincy, and Zigner, for your quick and informative replies.

I plan to formulate another question and start a new thread regarding what it is precisely that the 7 year statute of limitations applies to in the State of Ohio.

My question will be based on tax-collection-rules-create-challenges-for-resolving-tax-claims and Statute of Limitations.

 

[quincy]

Thank you, TheGeekess, quincy, and Zigner, for your quick and informative replies.

I plan to formulate another question and start a new thread regarding what it is precisely that the 7 year statute of limitations applies to in the State of Ohio.

My question will be based on [Link] and [Link] the section entitled Statute of Limitations.

Please do not start another thread. Please add any additional questions to this thread.

Thank you.

 

[NeilTheCop]

FreeAdvice has a member who is a tax attorney. You should wait for “Taxing Matters” to respond.

He may have fallen asleep part way through reading chapter 1 of the OP's novel

 

[Mass_Shyster]

He may have fallen asleep part way through reading chapter 1 of the OP's novel

Since most of the story has been reported/deleted, nobody has the opportunity to read the whole story.

 

[quincy]

Since most of the story has been reported/deleted, nobody has the opportunity to read the whole story.

The moderator eventually may add Parts 2 through 5 to this thread. All parts are as long as or longer than Part 1.

And all parts have WAY more information than is needed - especially since the advice will no doubt be to find an attorney in Ohio to assist.

 

[Taxing Matters]

He may have fallen asleep part way through reading chapter 1 of the OP's novel

I didn't get the chance to read any other parts. The other threads were locked and reported for moderation when I tried to access them, so I couldn't read them. This thread is the only one I've seen on it, and the information provided doesn't give me enough to help the OP at all. He/she needs to provide a reasonably short summary of events as a starting point. The full text of letters is not needed at the moment. If the issue is the statute of limitations (SOL), the OP needs to provide what kind of tax is at issue, what tax periods are involved, the date the tax return (if the tax is one that requires a return) was filed, and the date(s) the tax was assessed. There may be multiple dates of assessment on a single period if there were amended returns or audit adjustments for example. The OP should also indicate which law he is relying upon for the SOL. If the OP is relying on a general statute of limitation rather than one specifically for taxes then he/she may have the wrong SOL statute.

 

[quincy]

Some (important) information can be gleaned from reading the 2017 thread (linked to earlier).

Legal surfer is apparently trying to see if he can use the tips on “how to defend against Ohio tax debts” that he read about on a couple of attorney blogs.

Edit to add: The Parts 2 through 5 posts have been returned to their threads and the threads locked. The posts apparently will not be added to this thread here. But the entire story is available now to read if you have some (a lot of ) time.