Author Topic: Ross & Midian LLC coming after defunct Corporation  (Read 6631 times)

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ProSeCanYouSee

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Ross & Midian LLC coming after defunct Corporation
« on: April 04, 2014 06:46:00 PM »
Been receiving and passing on to our CPA, threats from Ross & Midian, LLC for what they claim are Sales Taxes Due for a Corporation which was closed down over 5 years ago.

CPA has fired off many letters to this firm claiming to represent the Office of the Ohio Attorney General, Collections Enforcement Section telling them the corporation is no longer in business, and that the amounts are not owed based on the CPA's books.

The bottom of the most recent letter has the standard "this is a communication from a debt collector...".

Ideas?
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Bruno the JDB Killer

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #1 on: April 04, 2014 07:00:43 PM »
HR 390

The act places a time limit within which the state must begin court proceedings to collect any tax administered by the Tax Commissioner (listed below).  Court proceedings must be started within seven years after an assessment is issued, or within four years after an assessment becomes final, whichever is later.  Thus, if an assessment is issued and the taxpayer contests it, and the contest proceedings continue beyond the seven-year post-assessment time limit, court proceedings to collect the tax assessed must begin within four years after the contested assessment becomes final.  For this purpose, an assessment becomes final when the taxpayer's initial right to file an administrative appeal ("petition for reassessment") expires; when the deadline for filing any appeal from the Tax Commissioner, the Board of Tax Appeals, or a court expires; or when the United States Supreme Court issues a decision, whichever is later.

Income tax                                                       Commercial activity tax
Corporation franchise tax                                  Sales and use taxes
Motor fuel tax                                                   School income tax
Public utility excise tax                          Cigarette and tobacco taxes
Municipal electric company tax             Alcoholic beverage taxes
Kilowatt-hour tax                                             Natural gas distribution tax
Horse racing tax                                               Severance tax
Pass-through entity withholding tax
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #2 on: April 04, 2014 07:55:51 PM »
The collection Statute isn't important - they can do whatever they want with a defunct corporation, but Sales Taxes are Trust Fund Taxes which can be assessed against the person whose responsibility it was to pay those taxes to the Government as a personal tax liability. In Ohio that SOL is 4 years so that boat sailed already.

Just remember - you are not the defunct corporation and are not responsible for its debts unless you either personally guaranteed them or they were assessed against you timely.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

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ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #3 on: April 05, 2014 04:46:01 PM »
The collection Statute isn't important - they can do whatever they want with a defunct corporation, but Sales Taxes are Trust Fund Taxes which can be assessed against the person whose responsibility it was to pay those taxes to the Government as a personal tax liability. In Ohio that SOL is 4 years so that boat sailed already.

Just remember - you are not the defunct corporation and are not responsible for its debts unless you either personally guaranteed them or they were assessed against you timely.

Thank you for the clarification, I think. 

The corporation vs. individual responsibility needs a bit more explaining, not that we consider it even an issue in the case submitted for discussion as the corporation was open and closed Before any of these threat letters began appearing. 

And, as mentioned, our CPA's, the folks responsible for correctly accounting for the shutdown of the Corp. have written numerous times in response to these threats to remind them of the status of the former company, their opinion based on that accounting, all obviously to no avail.
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Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #4 on: April 06, 2014 05:30:07 PM »
Thank you for the clarification, I think. 

The corporation vs. individual responsibility needs a bit more explaining, not that we consider it even an issue in the case submitted for discussion as the corporation was open and closed Before any of these threat letters began appearing. 

And, as mentioned, our CPA's, the folks responsible for correctly accounting for the shutdown of the Corp. have written numerous times in response to these threats to remind them of the status of the former company, their opinion based on that accounting, all obviously to no avail.

As long as they are addressing the demands to the CORPORATION and not you personally, you can ignore them. Governments are notorious for not giving up regardless of the facts. In this case the Corporation is dead and gone, but the State will continue to send demand letters until the SOL has expired, even if there is no one left who is responsible for the debt. The CPA can write letters forever, until the SOL has expired the State simply will not give up.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #5 on: April 07, 2014 08:38:22 PM »
As long as they are addressing the demands to the CORPORATION and not you personally, you can ignore them. Governments are notorious for not giving up regardless of the facts. In this case the Corporation is dead and gone, but the State will continue to send demand letters until the SOL has expired, even if there is no one left who is responsible for the debt. The CPA can write letters forever, until the SOL has expired the State simply will not give up.

The Letters have been addressed to the corporation at our home address with c/o MyName under Corporation name.  All Corporate mailings have been sent to Corporate address in the past.
Curiosity Killed the Cat, but Satisfaction Brought Him Back!

flacorps

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #6 on: April 07, 2014 08:47:12 PM »
The Letters have been addressed to the corporation at our home address with c/o MyName under Corporation name.  All Corporate mailings have been sent to Corporate address in the past.

They're homing in. I'm not admitted in your state and I don't have any of the research at my fingertips, but my colleagues above say that doesn't matter: they're firing blanks.

The problem for you is that governments can and will do things that exceed their lawful authority.

It would probably behoove you to have your CPA write to the office of the state representative who serves your district and clearly advise them with respect to the situation and ask that the revenue boys be called off.

They're leaving a paper trail. You need to leave one as well in case anything goes wrong.
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Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #7 on: April 07, 2014 09:53:21 PM »
The Letters have been addressed to the corporation at our home address with c/o MyName under Corporation name.  All Corporate mailings have been sent to Corporate address in the past.

All the C/O means is "when you see them, give this to them". They are not holding YOU responsible to do anything other than deliver an envelope at some future date. Of course, if it really bothers you, why not change the address of the corporation to the State Tax Department's address and let them send the letters to themselves.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #8 on: April 08, 2014 12:14:54 AM »
All the C/O means is "when you see them, give this to them". They are not holding YOU responsible to do anything other than deliver an envelope at some future date. Of course, if it really bothers you, why not change the address of the corporation to the State Tax Department's address and let them send the letters to themselves.

Beautiful!
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ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #9 on: September 08, 2015 10:22:37 PM »
Well, the folks at Ross & Midian haven't yet given up.

Today, 9/8/15, a day after a long weekend of rest, in First Class Mail, received another letter about alleged Delinquent Sales Tax for an Ohio Corp. no longer in business.  (closed in 2006)

Case Name:  State of Ohio vs. (Our Defunct Corporation's Name)
Alleged Amount:  $1,6xx.xx
Case No.:  PENDING (lol)

They threaten, LEGAL ACTION, including but not limited to the following:

a writ of execution to PADLOCK and SELL all property of the business, a writ of execution for CASH DRAWER WITHDRAWAL,  a scheduling of a judgement debtor examination (court appearance) at the courthouse in the county where you (Me) reside, a notice of levy on all bank accounts, a wage garnishment (If you are employed, our office may instate WAGE garnishment proceedings), or a writ of execution on non-exempt personal property which could be served by the sheriff's office of the county in which You (Me) reside.  Our office will request a RESPONSIBLE PARTY ASSESSMENT (personal responsibility) on all business accounts.

I CAPITALIZED and BOLDED just as it is in their letter.

at the bottom of the letter, in tiny font:

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.


Since FlyingFir suggested in previous posts on this thread the Ohio SOL is solid, is there a time presently or in the future that a Violation of some sort will be made available to us against Ross & Midian?

Thanks to all.
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Bruno the JDB Killer

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #10 on: September 09, 2015 12:58:40 PM »
Here's the SOL statute


http://codes.ohio.gov/orc/5739.16


What kind of violation? The FDCPA would not apply since this is not a consumer debt.
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Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #11 on: September 09, 2015 04:15:42 PM »
Here's the SOL statute


http://codes.ohio.gov/orc/5739.16


What kind of violation? The FDCPA would not apply since this is not a consumer debt.

Also, you have no FDCPA violation against YOU because they are not asking YOU personally for the money and a business by definition has no Cause of Action under FDCPA.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #12 on: September 09, 2015 04:22:39 PM »
Well, the folks at Ross & Midian haven't yet given up.

Today, 9/8/15, a day after a long weekend of rest, in First Class Mail, received another letter about alleged Delinquent Sales Tax for an Ohio Corp. no longer in business.  (closed in 2006)

Case Name:  State of Ohio vs. (Our Defunct Corporation's Name)
Alleged Amount:  $1,6xx.xx
Case No.:  PENDING (lol)

They threaten, LEGAL ACTION, including but not limited to the following:

a writ of execution to PADLOCK and SELL all property of the business1, a writ of execution for CASH DRAWER WITHDRAWAL2,  a scheduling of a judgement debtor examination (court appearance) at the courthouse in the county where you (Me) reside3, a notice of levy on all bank accounts4, a wage garnishment (If you are employed, our office may instate WAGE garnishment proceedings), or a writ of execution on non-exempt personal property which could be served by the sheriff's office of the county in which You (Me) reside.  Our office will request a RESPONSIBLE PARTY ASSESSMENT (personal responsibility) on all business accounts5.

I CAPITALIZED and BOLDED just as it is in their letter.

at the bottom of the letter, in tiny font:

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.


Since FlyingFir suggested in previous posts on this thread the Ohio SOL is solid, is there a time presently or in the future that a Violation of some sort will be made available to us against Ross & Midian?

Thanks to all.

1 - If they can find any
2 - If they can find it
3 - A Debtor's Examination will simply be "The business ceased top exist without assets in 2006."
4 - If they can find any
5 - I addressed this a couple of years ago in Reply 2 above.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #13 on: May 09, 2017 02:26:32 AM »
... FAST FORWARD, +20 Months from the last posting...

Now, a company identifying itself via Voice Mail messages on a personal phone as CELCO is allegedly attempting to collect a debt for the Ohio State Attorney General's Office... etc., calling after 8 p.m. and sounding pretty authoritative... but, "if we have reached this number and the person is not whom we are looking for..."  lol.. please call 866.xxx.xxxx and ask for Margaret.

The business we believe they've mistakenly attempted to connect with is a company which ended its business practices in 2006... (2017 minus 2006 is 11 yrs.) 

Question is different from the question of a few years back... as it relates to the phone calls on the personal vs. business line.   They only asked for the Individual and made no mention of a Company or Business.  A quick search on the Local Common Pleas Court website shows no issues pending either for the Individual or the previously out-of-SOL company.

Now that the calls are coming in asking for the Individual, not the Business, could these calls now be ripe for a Consumer Rights Attorney to get a tingle up his/her leg about?

Comments?

P.S.  And, not one letter from CELCO... yet.
« Last Edit: May 09, 2017 02:34:35 AM by ProSeCanYouSee »
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Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #14 on: May 09, 2017 04:11:33 AM »
... FAST FORWARD, +20 Months from the last posting...

Now, a company identifying itself via Voice Mail messages on a personal phone as CELCO is allegedly attempting to collect a debt for the Ohio State Attorney General's Office... etc., calling after 8 p.m. and sounding pretty authoritative... but, "if we have reached this number and the person is not whom we are looking for..."  lol.. please call 866.xxx.xxxx and ask for Margaret.

So call Margaret and see what she has to say.

Quote
The business we believe they've mistakenly attempted to connect with is a company which ended its business practices in 2006... (2017 minus 2006 is 11 yrs.) 

Question is different from the question of a few years back... as it relates to the phone calls on the personal vs. business line.   They only asked for the Individual and made no mention of a Company or Business.  A quick search on the Local Common Pleas Court website shows no issues pending either for the Individual or the previously out-of-SOL company.

Are you seriously looking for FDCPA violations on an admitted business debt?

Quote
Now that the calls are coming in asking for the Individual, not the Business, could these calls now be ripe for a Consumer Rights Attorney to get a tingle up his/her leg about?

Comments?

P.S.  And, not one letter from CELCO... yet.

Are you seriously looking for a FDCPA violatiuon on an admitted business debt?
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)