Author Topic: Ross & Midian LLC coming after defunct Corporation  (Read 2818 times)

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Bruno the JDB Killer

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #15 on: May 09, 2017 01:13:26 PM »
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


Nope. FDCPA does not apply to business debt. If this is legit, and they are collecting a government debt, they are probably indemnified against lawsuits anyway. If it's a tax debt, it may not have an SOL.
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 #16 on: May 09, 2017 05:24:00 PM »
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


Nope. FDCPA does not apply to business debt. If this is legit, and they are collecting a government debt, they are probably indemnified against lawsuits anyway. If it's a tax debt, it may not have an SOL.

I addressed the SOL issue a long time ago in Reply #2.
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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Bruno the JDB Killer

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #17 on: May 09, 2017 07:45:30 PM »
I see that, but OP has not stated what this government debt is. It could be a scam, granted, but are there any government debts (state) that have no SOL? I believe Ohio has  a state income tax.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

ProSeCanYouSee

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #18 on: May 09, 2017 08:34:24 PM »
May be too convoluted, now that I've spent some phone time with various government offices in Ohio...

A Judgement Lien on local County Courthouse Website for Company "A" is now identified from 2009 for just over $200.00.  Supposedly a Sales Tax Issue... but wait, there's more!

Called Clerk of Courts...they couldn't elaborate, but gave me the number for the Ohio Attorney General's Office in Columbus, Ohio...

Called them, they said there are actually Four (4) Sales Tax "accounts" with balances for our street address, totaling almost three times as much as the Lien shows for 2009.  The Newly discovered "Amounts" are from 2006, 2007 and two from 2008.  When asked for more details about these newly discovered items, they clammed-up saying all have been forwarded to a collection agency, "The Revenue Group".  Before clamming, she said the totals of all four were over $650.00, but wouldn't break them down into nice little yearly amounts.

Oh, okay, four "accounts" but only one got to that JL Status?  She also declared that the JL was paid down to only $3.06 balance.  I said that's remarkable, we haven't been aware of this JL until today, and now you tell us it's been hacked back to just over three bucks?  LOL

Since the AG rep couldn't pony up any additional info on the '06 thru '08 items, she suggested I call The Ohio Department of Taxation... so, I did.  Then, I got passed on to the Business tax side of the department... that's where the Fun Really begins...

The Rep at ODT only has records of amounts being owed for 2008--none for 2006 or 2007 as suggested by the AG's Office.

And, those amounts should have been extinguished via a letter from our CPA back in 2008 with a reply by the ODT in 2009 listing the Assessment Number as being "canceled".  (I save all e-mails and attachments)

Apparently, the State changed our reporting from Semi-annual to Monthly sometime before the first Monthly was due in July of 2008.  Up until that time, six months of Sales Taxes were due in July and January... The letter from the CPA in 2008 addressed that issue and a cancellation of one of the Assessments was granted in 2009--for a matter we didn't even ask for.  LOL

Now get this... the interest penalty for a late payment on the first half of 2008 was @ $115.00 on a tax bill of about $3,500.00.  Hysterically, an interest penalty for only the Month of July, 2008 was over twice the penalty of the first half of 2008, on a tax bill of just over $415.00/month!   

AND, when asked if there were any records about the JL from 2009 at the Department of Taxation, she replied:  No. 

So... we have a Brand New Collection Company now calling us for who knows what, on behalf of the State of Ohio  and no numbers reconciling with what three different government agencies are attempting to report, accurately. 

Who's on First?

lol
 :vbrofl:



« Last Edit: May 09, 2017 09:33:15 PM by ProSeCanYouSee »
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CleaningUp

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #19 on: May 09, 2017 09:07:33 PM »
Not you.

You're dealing with the government and its various agencies.  The may not let go as easily as you seem to want them to.

Flyingifr

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Re: Ross & Midian LLC coming after defunct Corporation
« Reply #20 on: May 10, 2017 02:38:32 AM »
I see that, but OP has not stated what this government debt is. It could be a scam, granted, but are there any government debts (state) that have no SOL? I believe Ohio has  a state income tax.

He stated earlier that it is Sales Tax. Sales Tax is what is called a "Trust Fund" tax, meaning that the business collects it from the purchaser and holds the money "in Trust" for the Government and then pays it to the Government.

<Disclosure - from this point on I am talking FEDERAL law, not Ohio Law. The principles are the same but the laws, regulations and time frames may be different. YMMV>

When the Trust Fund is not paid to the Government, the Government has the power to levy against any and all assets of the business in order to collect. In addition, there are certain people within the business who made the decision not to pay the Trust Fund Taxes, but rather to pay other expenses of the businesses. The Government can levy a Trust Fund Recovery Penalty against those responsible persons personally. This Trust Fund Recovery Penalty must be levied within three years of the due date of the return that the Trust Fund Taxes were unpaid against. This is all in IRC Section 6672. A debtor owing Trust Fund Recovery Penalties cannot discharge any part of those penalties in any Chapter under the bankruptcy Code, but Trust Find Recovery Penalty assessments can be Compromised under an Offer in Compromise.

Ohio has Offer in Compromise procedures in place that would allow for the Compromising of Sales Tax liabilities.

Under the Internal Revenue Code, the legal right to collect against a Tax Lien expires ten years after Assessment date unless the Collection Statute Expiration Date is extended either by agreement or by Statute.
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)

 

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