Discussion:Legal question; accounting...etc etc
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Discussion Forum Index --> General Chat --> Legal question; accounting...etc etc
| 24 August 2008 | |
| Hey guys;
Heard from a client who has owed me 9K for over 2 years. Never a dime. Client was going to either trade land or pay me out of monies monthly...disabled vet and on fixed income who was in a LOT of trouble with IRS. Nice resolution to his situation after months of dealing with tax returns and dealing with both state and federal government. Anyways, he now is going to sell his land. All liens have been removed and the county wants his land in Maine to protect the "sound". Promises to pay me out of the proceeds, but he is going to disappear into the woodwork again I think. It took months to hear back from him about making payment arrangements which he never sent me one red cent. Is there anything that I can do prior to him selling to secure my debt? I live in FL as you all know and this is in another state entirely. Any points in the right direction I would be most thankful for. It would hurt me more than piss me off if he does not pay me as I trusted him and worked for free to help him for those months with a promise to pay after his VA benefits and SSI benefits began again due to not filing tax returns and liens placed on property. Thank you all!! | |
| 24 August 2008 | |
| Record a lien on the land that he intends to sell. You will get paid at time of sale. | |
| 25 August 2008 | |
| Any way to file a lien on the land with no documentation for that? I thought only mechanics liens were able to be filed against property....services rendered I don't know about. Any points to research I would appreciate!! | |
| August 25, 2008 | |
| I think you need a judgement (small claims? $ 9000 may be too much) before you can place a lien.
And there may not be enough time. And is a lien from Florida effective in Maine? And now I think you need one of our attorney members to help out. | |
| 26 August 2008 | |
| Maine has 4500.00 in small claims. They are sending me the paperwork to file small claims judgment.
Yes, an atty member is what is needed. Screw these people who thought I would never ask for my money again...hehe | |
| August 26, 2008 | |
| Sandy, do you have to go to Maine to file in small claims? Can you wait until the colors start to change :-). Could turn into a tax deductible vacation!
Did you file multiple returns for him - perhaps you can split into various claims to get over (edit s/b around) the $ 4500 limit.....sorry, sounds like I'm practicing law again, oops. | |
| 26 August 2008 | |
| Maine!%#@*& What in the hell were you doing up in Maine, hunting moose? Keep your clients close to home, by God. If he is a Florida client and resident, and owns land in Maine, sue quickly in Florida, get a judgement, and have that judgment domesticated in Maine.
Otherwise, if his residence is in Maine, you'll have to sue him in Maine. Do you belong to any Tax Preparers Associations? If you do, call one of them up in the town around where the guy lives, and see if they can recommend a local lawyer to you. You can sign the suit papers and fee contract with the lawyer through the mail. The only way you will have to appear is if he files an answer, and somehow it get's set for trial. However, usually, the defendant in a case like this does not file an answer. Frankly, on a collection case like this, the fee, if you don't want to pay hourly, will probably be 50% of the recovery. Anything less, consider it a bargain. Act quickly, and ask attorney if a Lis Pendens can be filed, I doubt it, but ask. P.S. it may be too late to secure a judgment lien before the land sale, but I still recommend that you sue this guy. You might be able to garnish a bank account. | |
| 26 August 2008 | |
| VOILA!! Each year has an amount that he owes me. From 2001 to 2006 along with answers to IRS letters for each year.
I belong to NATP. Even if 50% of the recovery does not negate the fact that he owes. I will gladly pay to receive 50% of what he owes me. I was in Maine for about 6 weeks; found this client (he found me actually) but none the less, I did the work to get the lock off his property by IRS. I just can't justify expenses to Maine for about 2K it would take me to travel there to receive a judgment. If there is an atty that can assist on this site, I would be appreciative and WILL PAY YOU. | |
| 26 August 2008 | |
| Hold on Sandy, you might not have to travel there at all. The lawyer should not file it in small claims, file it in a regular court. In the first place, this guy probably won't file an answer, and if he does not, you will get a judgment by default. If he does file an answer, your lawyer can serve discovery questions on him, and requests for admission to try to knock his answer out by Motion, and you can get your judgment through motion practice. So, it is quite possible that you will never have to actually go to Maine to get your judgment.
You can't pay me, you must have a lawyer in Maine, lol! I do have a door knocker with a moose on it, but I have never been north of Virginia! | |
