This article is the first in a series I am going to be writing which focus on a common topic. The fact the Virginia sucks. Having spent a good part of my childhood in Virginia, and having completed my undergraduate education in the state… I’m sorry the commonwealth… which styles itself “the mother of presidents”, I have an intimate knowledge of the depths to which that state is willing to plumb. In describing many of these to one of my office mates, he came up with the best explanation for all of Virginia’s problems I have ever heard: “Virginia sucks”.
I’ll leave the general explanation for another article and cover here just one particular way in which Virginia sucks: Its tax law.
Unlike more civilized states, Virginia feels that taxation is not a process of citizens funding the government, but rather the natural exercise of an entitlement the state has with respect to your money. Evidently if any mistake is made during the process of taxation, no matter who is at fault, Virginia shakes down the tax payer for more money. Here are some of the more egregious portions of the law in question:
- YOU owe more money if the government mailed your bill to the wrong address — What one assumes this portion of the tax law (enacted in the 1981-82 Report of the Attorney General 393, March 25, 1982) is attempting to account for is when a false address is given by the taxpayer. However this portion of the code also applies if the Treasurer has the correct address, and failed to properly mail the bill. I ran into this particular clause myself once. In my case the treasurer’s office actually had the correct address, but had transcribed the address wrong when it was forwarded to the billing department. So I ended up owing penalty fees because of mistakes Virginia made, even though the treasurer’s office admitted the mistake was theirs. To top matters off, it was a special tax assessed to new residents of the county, whose due date was not publicized outside of the mailed bills. Good to know the taxpayer exists as the cash cow of the state.
- YOU owe more money if the government lies to you, or misrepresents the tax law — According to portions of the tax code enacted in the 1981-82 Report of the Attorney General 350, May 13, 1982, if a taxpayer receives erroneous information from a government official, whether in writing, from personal conversation, or over the phone, the taxpayer is still responsible for the correct tax amount.
- YOU owe more money if the government billed you for the wrong amount — This is perhaps the worst of the bunch (enacted in the 1986-87 Report of the Attorney General 321, July 31, 1986). It doesn’t matter to the state of Virginia that you payed the bill they mailed you, if they billed you for an incorrect amount, you owe penalties. Given the fact that your owed taxes changes from year to year due to assessment changes, tax relief, and new taxes, it is nearly impossible for an individual to figure out their property taxes, car taxes, and other fees. So why are the taxpayers responsible for the mistakes of the government during billing?
Given that Virginia Code Section 58.1-9 and 58.1-3916 prohibits the waiving of any fees, interest, or penalties, it quickly becomes obvious how stupid, evil, and greedy Virginia tax law is. The law itself is designed to screw over the taxpayer whenever mistakes are made, even though the taxpayer had no control over these mistakes. This sort of attitude and law stems from a deep disrespect of the taxpayer, and an attitude that the government is simply entitled to these taxes, regardless of its own incompetence.
Any decent state would include provisions absolving its tax payers of liability in the case of mistakes made by the government. Unfortunately, Virginia is not a decent state. I would ask how any state could act in such an evil and greedy fashion, but the answer is obvious. Because Virginia sucks.
-Angry Midwesterner
June 27, 2007 at 1:30 pm
I am still getting tax bills on a vehicle I had registered in Virginia. It has been out of the state and no longer registered there for over a year!!! I returned the sticker and contacted the tax office and still I am getting bills!
February 6, 2012 at 4:30 pm
And if you are ever stupid enough to come back, even for a visit, you could find yourself in Jail. Virginia CHOOSES to let local offices use the STATE government to enforce unproven claims.
April 3, 2019 at 10:34 am
Always put things in writing and do it in a letter format with dates and proof that the car is registered in another state (no longer VA) including dates. Also, send a copy to the IRS because a call to the tax office is not proof. Trust me, I worked for lawyers, it’s the best way to cover yourself.
I just moved to VA and got a notice myself and never heard of a car property tax before and I’ve lived in NY, NJ, Pennsylvania, New Mexico throughout my life. It’s like paying for your car over and over again even when you’ve paid it off. You’re right, it is a rip off. Write to the governor’s office, explain the problems and people with low income are being ripped off. I’m sure there’s a loophole that needs to be closed and the law is very old and outdated.
June 27, 2007 at 1:33 pm
I ran into the same thing when I moved out of the state. I even had my Illinois registration to prove it. The guy at the treasurer’s office told me they didn’t care, and in their opinion, I still owed taxes despite the car never having been registered or garaged in the state that year.
I talked to Secretary of State’s office here in Illinois, and they worked out the problem for me. One assumes the treasurer of Virginia is now gently floating down the Chicago river towards St. Louis, in a nice new pair of custom molded cement shoes.
I’d suggest calling your current state’s appropriate office and telling them Virginia is harassing you and ask for their help.
February 6, 2012 at 4:31 pm
Were you giving them money????? if not, then they dont care, C OLLECTION OF ILLICIT FUNDS is all Virginia cares about.
April 16, 2014 at 10:17 pm
My bank account had a lien placed on it today by the State of Virginia Dept. of Taxation. I was given no prior notification. I have .78 cents to my name. I have a 14 and 15 year old to provide for. And the reason my bank account had a lien placed on it was due to an allegation that I owe state taxes for the year 2010. It does not matter that I worked in the state of New Hampshire, since January 2009 through November 2012. That I worked and lived in NH full time during that time. The State of Virginia, without any notification of any type, seized my bank account for an allegation. No facts. Just an allegation. In two days, my car will run out of gas. I will stop reporting to work. Three days after that, I will be terminated for ‘3 consecutive no shows’ under a mandatory company policy. I have no way to feed two children this week. I thought the constitution of the United States allows me to live and work in any state I choose. And in so doing, to file taxes in that state. I was not aware that a State (Virginia in this case) can just reach out and allege that I am not actually physically living and working in another state.
July 22, 2015 at 12:47 pm
believe me when i say il is no better. i got a bill saying i owed $800 new car tax on a vehicle 20 yrs old. truck registration on an rv. saying h&r block hadn’t filled in line 26 showing state tax kept out and i owed $1900 even though i watched them do it and the copy they gave me was fine. every registration i got when i moved from iowa to il was screwed up. now i’m not saying iowa is perfect and others probably have their horror stories but i don’t. i think every state is probably trying to get along with half the help they need and it’s not going to get any better
June 27, 2007 at 1:36 pm
Look hard enough, and you’ll find a reason to revile the tax code in every state of the union. And then there’s the Federal tax code, which ought to be shoved up the President’s ass sideways.
June 27, 2007 at 1:50 pm
True, most tax laws contain unsavory clauses, but few are as evil and greedy as Virginia. Illinois, for instance, allows an additional grace period of 30 days for paying taxes if an error should occur. This grace period begins when you are notified of the error.
The really great thing is that you get this grace period even if YOU, the tax payer, makes an error. Write a check for the wrong amount? You get 30 days to correct it from when you receive notice of your error. Your tax bill isn’t mailed to you? You get 30 days to fix things from the date you learn of the missing tax bill.
So while, yes, all tax law is a pain, not all tax laws are stupid, evil, and greedy.
June 27, 2007 at 1:51 pm
Wait a second – Do you mean to say that these stupidities are unique to Virginia, or even to a small fraction of the states in the Union?
I’m also curious where you get off on interpreting bureaucracy as active contempt. Bureaucracies and their mistakes are the stuff of nightmares, but I’m curious about what empathic power you’ve used to discern that this bureaucracy is full of avarice and hate and not the usual sloth and inertia that typify (and curse) government enterprises.
February 6, 2012 at 4:34 pm
Virginia CHOOSES to give county tax collectors, aka, treasurers “carte blanche” to do anything they wish to blackmail citizens into paying any form of extortion the local government desires.
June 27, 2007 at 1:58 pm
Oh, they aren’t unique to Virginia, Federal Tax Law shares some similarity with point #2, but point #1 and point #3 coupled with the absolute lack of amnesty is pretty foul, and at least rare enough to cause note.
Either way, saying “But some other states are just as dumb!” isn’t an excuse.
How do I know the bureaucracy in Virginia feels active contempt for the populace? Because the Good Old Boys Club(TM) is alive and well in corrupt Virginia politics. The tax law isn’t a mistake, it was written with contempt for the tax payer with an obvious sense of entitlement, otherwise they wouldn’t have so completely walled off any avenue for the tax payer to make amends for the errors the state may make during tax assessment.
June 28, 2007 at 8:55 am
Unfortunately today, if you dumped a case of tea overboard, you would be a radical Islamic terrorist.
Recent news items on on the FEC (Federal Election Commission) where a citizen was fined over $30,000 for improper political activity (under Feinstein) because his self-manufactured yard sign did not have the required statement “Paid for by ……” verbiage; FTC (Federal Trade Commission), where anti-trust cases are being filed against Whole Foods, Inc. merger on grounds that there are only two (2) whole foods distrinutors in the United States (apparently every SafeWay, Meiers, Meiers, IGA, etc. doesn’t count) and that a merger will kill competition; or FDA (Food and Drug Administration where good new drugs are killed off because there are already enough on the market.
Sometime soon we are going to have to start trimming these agencies. This bloat and “lets gen up cases to support a larger budget” mentality is what drives the tax code in part. Until you trim government back to what “needs” to be done as opposed to what “can” be done, the situation is only going to get worse. Illinois and the Fed will all start looking and acting like Virginia.
February 6, 2012 at 5:56 pm
No. if you were a “radical islamist” all would be considered fine, and any critics would be immediately jailed.
March 26, 2012 at 1:03 pm
You get the government you deserve. Vote Libertarian!
June 28, 2007 at 9:49 am
Well Virginia is a police state, they enjoy legal force and coercion. Remember about 10 years ago, on I-81 coming from West Virginia into Virginia, once you crossed the border, the West Virginia sign said: “You are now leaving West Virginia, Thanks for visiting”
Then on the Virginia Side it had a row of signs:
“Illegal Gun 5 years in Jail”
“Speed limit 65” (down from the nice 70 of West virginia, despite the road being identical in materials, traffic and curves)
“Speed Checked by radar”
“Radar Detectors Illegal $xxx Fine”
“Speed Checked by Aircraft”
“Seat Belts must be worn $xxx fine”
“No Littering $xxx fine”
“State Police Station (or whatever its called) 1 mile”
“No Pay No License”
“Stay to the right use left lane to pass only”
“Rest Stop 2 miles on right No overnight parking, No Trailers, No Pets”
Then after this barrage of do’s and don’ts was a sign: “Welcome to Virginia”
After a photo got on the internet, they moved the ‘welcome’ sign to the front of the pack, and took a few of the others down 🙂
June 28, 2007 at 11:10 am
Yes, Virginia is the ultimate big government paradise, where the current Democratic and Republican leadership of Congress can come together and celebrate the complete loss of personal, economic, and philosophical freedom.
Virginia: what is not required is proscribed.
(Definition of a totalitarian state.)
🙂
December 30, 2007 at 8:21 pm
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January 8, 2008 at 5:56 pm
I just moved to Virginia from California, and I’m so sorry I did. It cost me $650 just in taxes to bring my car into this state for a month. The following month they want another $100. We cant even register our second car because we cant afford it.
And lets not even go to the property taxes, which are killing us. $3200 a year for a very small and modest 3 bedroom house. How do I feed and clothe my kid?? I thought California was bad, but no where near Virginia!!!
VIRGINIA TAXES SUCK!!!!!
March 9, 2015 at 4:43 am
California has the worst tax rates in the country. I know, I lived there!
February 5, 2008 at 5:40 am
Believe it or not: I just got a notice (dated January 20, 2008) from a debt collection agency for a delinquent 1993 Virgina tax debt of $16,153.69 (which includes 14 years of interest, and interest on interest). Problem is: I did not live in Virginia in 1993. And way back in 1994 or 1995 when this first came up I am pretty certain I sent VA a letter stating that I did not move to Virgina until 1994. In late 1995 I moved overseas (permanently) and now they are hunting me down for this ridiculous bill.
Now I will have to waste time and money going through old records and hiring an attorney to put an end to this. Unbelievable.
Yes, the Virginia Government and its laws suck.
February 9, 2008 at 10:38 pm
I just received a letter, probably from the same collection agency as Bill. They tell me if I don’t pay $7,000+ “voluntarily” (due they say from 1990) that they will garnish 100% of my wages, starting NEXT WEEK!
I don’t know where to even start. I can’t afford an attorney. After 18 years and four moves I don’t even have those records.
February 11, 2008 at 2:47 pm
I just got a personal Property tax for several vehicles. A 99 Transam that has been inoperative since I left VA. in March 2006. An 87 Plymouth I had registered in Texas and then its registered in Oklahoma.
A 75 Chevy Truck that I’m planning on rebuilding.
I left VA in July of 2005 and got out of my house in March 2006. Yet they keep sending me tax bills.
And because I had personal property taxes in 2007, I must therefore owe State IUncome tax as well.
What a bunch of crooks.
February 12, 2008 at 12:14 pm
The initial bill they sent me for 2007 was after the tax was due, and included late penalties.
I immediately sent them a check with my bank’s online bill pay service which I use for all bills and has not missed one for 5 years. Arlington claimed they did not receive it and sent me an end of year bill with yet more late fees.
Then I had to get the bank involved and send a replacement check for the one they “didn’t receive”
This is a big scam, both the tax and the way they rack up late fees for more revenue. I called them numerous times to reason and plead with them, and inform them they had wasted more taxpayers money with employees dealing with me, then they collected.
It’s a big scam. Virginia is for scammers.
February 12, 2008 at 10:59 pm
Virginia is for scammers, we just received a notice from a collection agency as well a couple of weeks ago for taxes dating back to 1992 for my wife while she still lived there.
She has not lived there since 1995 and this is the first time we ever heard of owing a dime to the state of VA. Who in the world keeps W-2’s from 16 years ago. totally unbelievable, we cannot continue to allow them to get away with this.
May 3, 2009 at 5:45 pm
I just received a notice that I was being sent to a collection agency for taxes due from 1988. I knew nothing about this until a day ago. I know I do not owe this money. Like ohers, I have moved many times over the last 20+ years. Who saves records from that long ago? What is the Statute of Limitations there on something like this? Can’t be over 20 years! Good luck getting anythig out of me!
August 12, 2009 at 6:09 pm
Do not ignore this I had the same problem they said I owed taxes from 1993 and I havent lived in Virginia since 1994 they sent me a bill for over 8000 dollars I thought it was a joke until they garnished my wages in NY. I too had no way to prove anything because it was so long ago. After them taking over 5 thousand dollars from me they finally told me of an offer in compromise that could have been done at the beginning to negate the penalties and interest. They SUCK!!!
June 10, 2009 at 12:52 am
Hi. I am now going through the same thing! I just received a letter from VA. claiming I did not file, and owe 1000 dollars from 1999! That was 10 years ago. I was even on the phone with them for most of the year in 2001 fighting to get my 50 dollar refund for the previous year! I will not pay this, and am currently researching about a statute of limitations. What i have found, if it is applicable, is five years. I am going to make another call to them tomorrow. They are certainly money greedy, and unbelievable! I have never liked the state, and this just adds to the pile of reasons why.
August 26, 2009 at 11:12 am
I just got hit with a $3,000 bill from VA for 1993… like so many others, that was 2 lifetimes ago. I know who I was working for (and it was in MD) but even THEY don’t have records (they got rid of them after 7 years…)
If anyone finds relief, light the path for the rest of us!
November 2, 2009 at 10:24 pm
Okay. A follow-up on my previous post. I have since been in contact with my state representative, and gotten them involved. When I initially contacted the VA department of taxation they did not want to discuss any possibilities of wrong doing on their end, and coldly snubbed my statements. When I got the state representative involved, they called the department of taxation, and the next day I got a call from someone at the that office. He was very nice and friendly, and was more than willing to figure it all out with me. I gave him a little info, and with my case it turned out to be that they showed my husbands income (who is in the Navy) as mine, and also showed that our home state was VA, which it was not, and never has been. So, all I have to do is send him proof of our state of residence at that time, which was GA, and also a short letter explaining that the several hundred dollars I earned in VA during the three months that I worked was not enough to file a return for. I am still waiting on the proof of state of residence for that time, but once that is done I will be clear, and they will finally then mail me the $100.00 they owe me from 2008 when I worked there. Also, just to reply to the latest post, I also had received a letter of amnesty a few weeks ago. That is when I was on the phone to the state rep hot and heavy, and finally got someone to call me. When I mentioned to the man at the dept. of taxation that there are a lot of people having this problem, he stated that, no, not this particular problem, because my situation is unique. So, I strongly urge you all to contact your state representatives office, and be proactive. Do not even pay the amnesty amount if you never owed them anything to begin with! And again, good luck!
April 21, 2008 at 8:15 pm
Va is the most predatory state I’ve lived in, out of 7, with Md close on her heels.
May 5, 2008 at 1:50 pm
I spent a total of 3 days in Virginia visiting my brother before I left for a State dept contract overseas. I needed a U.S. address for bills to be sent to so I used my brother’s. Now, Virginia says I owe them 2003 taxes unless I prove I wasn’t a resident. If I wanted to go to a state university in Va, wouldn’t I have to prove I was a resident? So, if Va wants taxes, doesn’t it have to prove I was a resident? Doesn’t the 14th Amendment provide equal protection? How can we stop this? Somebody with the money and the time and a rock solid case has to take them to federal court. Volunteers?
May 9, 2011 at 9:18 pm
I agree. VA Is after me for 2006 taxes, where I have already sent them facts that show the mistakes were made by my employer,and that in reality VA should of paid me over $!,000. Not only did I have to pay them for taxes they say I owe, plus over $400.00 in penalties and interest. They stated in the letter the VA law states only in extenuating circumstances will
VA reduce or remove a penalty. I would like to know where I can read the actual law, because they did not define extenuating circumstances in their letter. I guess you have to die. I was in a hospital for three months out of state, prior to that I took my kids and left an abusive husband , bought a house and started a new job the same week, lost the job 4 months later, and the house ect. I had to file bankruptcy due to over $40,000 in lawyer fees for the divorce that took 3 years and wound up in a hospital for three months. My power of attorney did not mail my taxes while i was in the hospital. These are not extenuating circumstances? Screw you VA!! I know this is not a lot of money, but its the principle
June 5, 2008 at 10:09 pm
I received a bill from a collection agency last week that I owed the VA Department of Taxation $1879.00 for 2004, and I am still fuming about the call I received from them today telling me they were going to garnish my wages about taxes I KNOW NOTHING ABOUT!! SHOW ME PROOF? I asked the guy and he couldn’t provide me anything but the amount owed and that I need to listen closely to him so I can send in my payment, he promptly got hung up on. He really pissed me off, I’m not paying anybody anything if I haven’t received anything from the state of Virginia first, and from what I heard about this collection agency (DCS) they are public enemy #1 with alot of people..
August 26, 2009 at 11:14 am
Yeah, mine started with DCS, too… and, like you, I told them I wouldn’t pay a penny unless they provided some proof of the debt. VA just garnished my wages… be prepared
June 25, 2008 at 9:15 pm
I have been receiving collection letters and phone calls from DCS about taxes owed since 1986, I earned $2777.00 that year and now I owe more taxes than what I earned. I did not know I had to file taxes for that amount. The state never sent me any letter about this debt and now, even though I worked full time in the state in 87, 88, 89 and 90 and paid taxes and got refunds from them. The collection company called my neighbor yesterday to ask him to come and look for me. I am outraged and will write to the attorney general and the tax commissioner.
June 26, 2008 at 9:35 am
I received the same call. I contacted the VA Dept of Taxation and they said even though I paid federal they had no proof I paid state. I sent a request to the IRS who cashed my check but cannot guarantee an answer. This is outrageous, who keeps records from 14 years ago? Not the IRS!! Do we have any legal obligation if they cannot provide proof? What is keeping them from randomly pulling records and requiring payment. Hmmmm, I wonder if this is happening to people who still reside in VA.
July 5, 2008 at 5:29 pm
I too rec’d a call & notice from a Collection Agency saying that I didn’t pay taxes for 1992 (when I know I did). Can one imagine if they sent notices to everyone? What recourse would anyone have. This is a VA Governmental SCAM! What’s the requirement to retain tax documents in VA? An Accountant said that it’s unenforceable after 10 years.
July 6, 2008 at 2:05 pm
Ditto on DCS. I’m out of state. Va says they are taking 100% of my salary for 91,92,97… My old records are history.. suicide is painless…
July 7, 2008 at 11:02 am
Remarkably the Official VA WEB sight clearly states that the requirement to hold tax records is 3 years. http://www.tax.virginia.gov/site.cfm?alias=IndividualFAQ
It seems that VA apparently sold some of their Tax debts that they have written off to collection agencies (thus relinquishing their claim). Collection Agencies will hound you to death and become aggravating but according to a Tax professional, they have no way to enforce collection or report you to a credit bureau for a “supposed” debt that originated more than 7 years ago.
June 10, 2009 at 12:59 am
Thank you. That is very helpful to know. I have just gotten a letter from the state of VA saying I did not file or pay state tax in 1999. I havne’t heard anything about this until just yesterday! So, it is good to know they really don’t have a leg to stand on at this point, as I will be calling them again tomorrow.
July 9, 2008 at 2:49 pm
How do I even know if the person I’m corresponding with even “works” for the State of Virginia ?
July 11, 2008 at 7:38 am
Falcon; I really don’t believe a collection agency (or a state) can do that without a court order. Check your states consumer protection laws (on-line) through the attorney generals office. If they have a court order, how’d they obtain it without your knowledge? After all, it’s obvious that they do have your address. You have the right to demand all (official and non-official) verifiable subbporting documents pertaining to their “alledged” claim. Your right, you haven’t a clue who they are. Don’t play their game, play yours.
June 3, 2011 at 3:41 pm
My notice cited section 58.1-1804 of the Code of Virginia. I have lived in AZ since 2004 and VA has just put a lien on my bank account for $1895.08 (more than I make in a month and definitely more than I had in the account)for taxes they claim I owe from 2006. I paid my taxes to the state I was a resident of, Arizona. I’m trying to prove that, but I may be SOL on my rent this month.
July 21, 2008 at 10:57 am
Hello,
This issue deserves a class action lawsuit for harassment. I recently received a threatening letter from United Consumer stating that I owed over 6500.00 for 1992, 93, and 94. I contacted a simpleton at the Va Dept. of Taxation, collections office and idiot told me that I had not filed taxes. What a freak! I actually worked at a State University, why would I not file taxes? Anyway, I told her that there is no way that I have the tax returns from 16 years ago. She told me that I should start making payments to the collection agency while I appeal. DONT DO THIS. Did you know that you give up your rights under any statue of limitations if you make 1 payment or agree to pay anything? They are bypassing the law and flat lying by telling people that they didn’t file any return. This is outrageous!
June 10, 2009 at 1:02 am
You are exactly right!! This is fraud plain and simple! They are doing the same thing to me, and I flat out told them I was not going to pay the supposed amount. They claim I did not file or pay in 1999, and I still happen to have my records from back then, so they won’t be getting anything from me.
October 11, 2012 at 3:33 pm
The statute of limitations can automatically be restarted by you simply agreeing that you owe the debt. If you make any kind of payment you are agreeing that you owe the debt. They will try to trick you into agreeing that it is indeed your debt. DENY DENY DENY!!!
March 7, 2013 at 10:28 am
I spoke with girl whom to me there is no statute of limitation on debts owe to state of Virginia. Where did you get your information? Va is took my refund for 2012 for not filing in 2001.
October 11, 2013 at 7:15 pm
My information comes from the Fair debt collections act of 1977 but of course VA denies that a statute of limitations applies to them. These are the things that a class action lawsuit would answer.
July 22, 2008 at 10:15 pm
Count me in on the class action lawsuit. Anyone out there know how to start the process. Thanks Rob for posting the link. You’re right it clearly states three years. I deal in securities and I absolutely do not want this on my U4. I will sue to keep it clean.
June 10, 2009 at 1:02 am
I don’t know exactly how to get one started, but I would certainly be up for it if someone were to start one.
July 22, 2008 at 10:19 pm
One more thing. My best friend in Virginia told me to contact “12 on your side” to investigate. I will be in VA for Thanksgiving if anyone out there is willing to help me show the public what is happening to us. Am I the only one that no longer lives in the state? Are they only coming after us hoping that we destroyed old documents instead of moving them?
June 10, 2009 at 1:03 am
You maybe right. I no longer live in the state either, and who knows what their plan is, but it won’t work with me.
July 23, 2008 at 11:21 am
I am up for a class action suit… just tell me and I am there!
July 24, 2008 at 3:35 pm
Too late…. they already started taking my paycheck. My payroll people (ADP) said it would be 100%.. “the state, benevolently, is allowing me to pay 250.00 2x month…. on ’91 and 92 returns that I have no supporting documents on ?!
July 24, 2008 at 5:25 pm
It is now July 2008, and Virginia is after my wife for taxes allegedly owed in 1994.
Neither one of us has EVER been a resident of the state of Virginia!
We were both military, stationed in Virginia, thus, not residents.
United Consumers wants HER to prove that she wasn’t a resident.
The state she WAS a resident of doesn’t keep tax records back that far (and neither do we) so we can’t even prove she paid a different state.
United Consumer wants her to send a copy of her military DD-214 to prove she wasn’t a resident. I told them I don’t know who anyone is at United Consumer, and that the DD-214 has privacy act information on it that isn’t anybody else’s business.
Why does my wife have to prove innocence instead of VA proving she owes?
July 24, 2008 at 9:19 pm
I sent an e-mail to Channel 12 on your side asking for help. Here is the address: onyourside@nbc12.com Perhaps we can get somewhere if we all contact them. I would be willing to start a writing campaign to the Governor if necessary.
July 25, 2008 at 1:37 pm
I found this Virginia Department of Taxation Collections Guide online. Here’s the link:
http://www.taxadmin.org/FTA/meet/03am_pres/thorson.pdf
OMFG! Look through this! I especially like the second slide on page (1) that says:
“Encourage system of voluntary compliance by instilling in the public the conviction that nonpayment will result in serious consequences.”
Meaning, try to threaten and scare people into paying!
Slide (3) on page (2) shows that staffing levels are down, hence the new computerized collection program outlined on slide (5) page (3). No wonder there’s so many screw-ups. It’s all automated and out of the hands of breathing humans (if there are any ‘humans’ in the tax department)
And we all know that computers NEVER make mistakes… right?
It goes on to show flow-charts on how to go about collecting and assessing risk of individual not paying.
Now, check out the pictures on the flow-chart slide (14) page (7)… See how the taxpayer that allegedly owes taxes looks like a frightened person holding a huge, scroll-like bill?!? Is that how they view us?
Better yet, look at the picture of the collection agency guy… why does he look like a sneering, evil, loanshark or mafia hitman?? Is that the type of people VA department of taxation do business with?? What… do they think they’re going to break our kneecaps if we don’t pay?
Slide (25) page (13) shows the number of complaints about collection agencies each year.
The collections agencies get a percentage of the debt collected, so it’s in their best interest to play foul ball with the person owing taxes. They’ll do anything to try to muscle you into paying so they can get their cut.
I suggest you scan this whole document to see how VA tax people operate so you can have an idea what steps they’ll be taking to try to jam you up.
July 29, 2008 at 2:50 pm
I left Virginia in 2000 and received a tax bill of 560 bucks for not filing my taxes for the 2001 year. I called and talked to someone in the tax office and explained how I moved to New Hampshire in 2000 and Do not owe them Anything.
The guy at the tax office told me I needed Proof by giving them a copy of my 2001 New Hampshire Tax return.
Well NH does not have a State income tax and you do not have a state tax return. The guy couldn’t understand how NH didn’t have a state income tax. I informed him how they didn’t have a Sales tax either and somehow they still have nice roads, bridges and a Decent Public school system, police etc.
He said that considering I don’t have proof of a NH tax return i still owe them for not filing in Virginia in 2001. I said Yeah well the Burned of proof is on you to prove i was there. I filed my federal return and it has my NH address on it.
He said i owe them. I said don’t contact me anymore I owe you nothing and you cannot prove i owe you a dime.
To this day i still have collection agencies trying to collect this debt plus penalties which is basically 2x the original debt.
I think its time the people started to stand up for themselves and quit thinking the Gov is going to solve their problems.
We only need the Gov to protect us from foreign invasions. And we don’t need to pay for every special intrest program that think they have been disadvantaged somehow.
This is supposed to be the land of opportunity for all. The only thing these taxes, programs do is take away the rights of some and give opportunity to others.
Vote for Ron Paul.
June 3, 2011 at 3:49 pm
Ron Paul wouldn’t help here…he’s all about sizing down the Federal Government and giving the states rights to do what they want to. I agree with him, but that wouldn’t help here. Sue, vote, lobby, or run for office, your self. If you sue and it’s class action, let me know. They did it to me.
October 26, 2012 at 11:01 am
Right we are only humans and we do make mistakes. And computers don’t make mistakes. That is a good laugh for today. Computers does to make mistakes the dumb ass human pushing the keyboard keys..Duh..
July 29, 2008 at 3:56 pm
I talked to a VA lawyer and he told me he is getting 2 or 3 calls a day about this. He wrote a letter to the Finance Chairman of the VA House and has not heard back from him. The lawyer also told be that this is a big “legal” scam that the state is doing. We all need to do something about this!
July 29, 2008 at 5:34 pm
Who is this lawyer? Can I call him as well?
August 4, 2008 at 9:23 am
July 9,2008 –
I received a bill from MSB – Municipal Sevices Bureau from Virgina stating I have unpaid taxes from 1992.
I lived in Virginia one year.
Can they actually make me pay this after 16 years? The amont is only about $100 but still……do I have to pay?
August 4, 2008 at 3:57 pm
The name of the lawyer is Haynes (703-913-7500) He will talk to people, but he usually charges $5000 as a retainer. He would be the best person for a class action suite.
Gennine…
Yes, they can make us pay them. It is a legal scam!
August 7, 2008 at 12:48 pm
I requested (from the collection agency) ALL Official “Verifiable” Documents from “Their claimed client” the State of Virginia via Certified letter so that I could have such documents investigated by my State Attorney Generals Office a month ago (no reply). File a formal complaint through your State Attorney General’s Office! A “Collection Agency” CAN’T DOC your pay without a standing Court Order! It’s a scam! Unless it’s California, after 10 years, the subject is moot! For “Chris”, I’d tell them to cease & desist” in a heart beat! They’re just digging and trying to scare you!
August 7, 2008 at 1:15 pm
“Mik3ymomo”; If you still have your Federal returns for 2000 & 2001, check the home address’s used. This will constitute your residence as NH. Unless you had employment in VA (W2’s) which is taxable, they’re blowing smoke. These collection agencies purchased delinquint taxes from the State. Thus VA gave up their claim and these collection agencies are digging to get their money back (and claiming that VA is their client). It’s remarkable that anyone can find someone within moments on the WEB (or check someones credit report (it has addresses on it), so WHY didn’t VA do it? Report these con-artists to your State!
August 7, 2008 at 8:44 pm
I just recieved a letter from Va. dept of unclaimed property stating that they owed me money from stocks my grandmother owned, but she’s been dead for 10 years . They have held this money from me without paying me any interest . Finally when they sent my check, they decided to take my money and apply it to a current tax debt which I have been making monthly payments on,(which by the way is over 20 years old). I have to take care of my mother she is very sick and has no insurance and an income of $500 a month. I “disputed” this “stealing of my payment” (which they tell you is your right)and they told me I was lucky that they didn’t take all of it from my paychecks. The worst thing about this situation is the tax they claim I owe is really taxes my ex- wife owes because when we were first married she used my SSN without my consent. I have not lived in Va. for 9 years and when they contact me they are rude threatening and obnoxious. I’m tired of every three years or more I get a letter from them stating I owe them some (BS) tax!!!! Do I have any leg to stand on legally? Please somone help me.(Point me in the right direction).
August 7, 2008 at 9:02 pm
Also, does anyone know if any part of Virginia’s tax collection laws are illegal??
August 7, 2008 at 9:09 pm
Does anyone know of a good tax lawyer in the Chesapeake area? Is it possible to sue the Va. state government for it’s seemingly “illegal” tax collection laws ?
August 7, 2008 at 11:39 pm
Chiming in to share my experience, I just got a call from a Virginia collection agency telling me I owe taxes from 1996. This is the first time I have ever heard of this debt and the representative refuse to provide any documentation of the debt. I was in the military with a TN home of records and I do remember having a part-time job at KFC for 2 day and made about $200.00. Now the agency is threaten to damage my credit if I don’t pay immediately. I was about to pay the ridiculous $700.00 debt until the collections continue to baffle about damaging my credit report. I have never owe taxes due to low income and number of dependents- if Virginia had assessed my tax correctly I’m sure the state owe me money. Show I pay this bill? Is there a statue of limitation?
August 8, 2008 at 4:23 am
I believe that Federal Law forbids placing a debt on someones Credit Report that’s over 7 years old. Tell this collection agency to write you the particulars (not a phone call). If they do, forward this information and file a complaint with your State Attorney General’s Office. It seems like these Virginia Collection Agencies have gone rampid and they need to be shut down. Don’t entertain phone calls or send money!
August 8, 2008 at 8:44 am
There is no statue of limitation on income tax either Federal or State. The big issue is the fact that VA’s own website claims that you only need to keep your tax information for 5 years and IRS website said 10 years. In my case, I did not file VA taxes because I was a FL resident and we pay no state income tax. They (VA) claims that if I worked in the state for more then 184 days, I would have to pay a nonresident tax. This thing is all crazy. We need to get a class action suit going against VA.
October 26, 2012 at 11:16 am
Yea, I read that part to work in VA more than 184 day. The state of VA is coming after me now for money that I owe in 1993 under my maiden name and I never worked here in VA either. Come on that has been 18 years ago and this is the first time i heard this to.
October 26, 2012 at 11:19 am
I forgot to say. I also did a credit report on me with my maiden name and married name. Their is no Debit for either name..
August 8, 2008 at 8:46 am
Also, it feels like both VA and the debt collection companies don’t care who they hurt, they are after anyone who will pay. IF we don’t pay, they don’t collect and move on to those people who will pay. We must do something!!!
August 8, 2008 at 4:41 pm
John: You may need to correct your statement about SOL’s. Read this:
http://www.ctctax.com/TS_10yrstatofcollectionexp.asp
I sure hope that it’s not that attorney that gave you your information.
August 9, 2008 at 9:48 pm
If I could find the right amount of people to file a class action law suit, I would. What I don’t know is, does Virginia’s tax collecting laws violate your rights as a U.S. citizen? For example, when they threaten you with all kinds of seemingly illegal things they can do to you, i.e. garnishment of wages, levy bank accounts, sieze property, or worse, fines imprisonment etc. The thing that bothers me the most, is that when I ask them for proof of any owed tax debt, they say the burden of proof lies with me. Also, when I have written them letters asking them what is my tax money being used for, they never write back with any explanation. So, when I call them with these questions the answers are less than tolerable, i.e., none of my business, I don’t really know, etc. Isn’t that taxation without representation? I personally think it’s a form of tyranny, (oppressive power exerted by government on the citizens of that government). I don’t know about any of you my friends, but I’m getting very tired of this type of treatment. I try to vote these people out of office only to find out that the newly elected officials are the same way, it’s a very sickening cycle. However, the question still stands, can you sue the Va. Dept. of Taxation for unfair treatment as well as taxation without representation? Does our Constitution of these United States of America mean absolutely nothing? My heart goes out to all who have served, fought and died for this country only to be slapped in the face with unfair and unexplained federal and state tax laws. God bless you all, thanks for reading this, I don’t feel so alone.
August 9, 2008 at 10:05 pm
The other thing I forgot to mention is, the Virginia Dept. of Taxation has threatened in writing to destroy my credit if I don’t comply with their unrealistic demands.
August 10, 2008 at 6:24 am
Kenneth; it appears that whomever is telling you all of this knows that they’re getting under your skin. They’ll continue until YOU put a stop to it. I’m not an attorney but I do know that ANY debt originating over 7 years old(unless a bankdruptcy) can’t legally be placed on your credit report. Think about it! The burden of proof is theirs in a court. What they’re doing is essentually you telling your neighbor that they owe you thousands of dollars and it’s your neighbor who needs to show proof that they don’t. It just doesn’t make sense! I also don’t know your predicament. If it were me, I’d write them a certified cease and desist letter outlining their refusal’s.
http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm
Until you put a stop to this harrasment, they’ll continue relentlessly. This is so insane, one would think that Virginia just lost their soup kitchen and looking for handouts.
August 11, 2008 at 9:21 am
Yes, Rob I should correct my statement:
As long as they (IRS) have not assessed your account, they can continue to harass you until they officially assess your account then the 10 years start. It is a big game people play.
August 14, 2008 at 6:26 pm
I have just received a call from DCS about a Virginia tax bill from 1994. I know that I paid my taxes that year, as I pay them every year. I moved overseas 10 years ago and have no records. They told me that if I didn’t pay in two days there would be a lien placed on my US bank accounts and wages (which I don’t actually have as I live overseas) if I didn’t pay in two days. I refused as I have never heard of this debt before and I lived in Virigina for two years after this supposed debt so why didn’t they tell me back then. She said I should pay and then dispute the payment and it would be refunded to me. I polietly declined her kind offer. Has anyone found out if there is a statute of limitations on collection of tax in Virigina?
August 15, 2008 at 10:39 am
Hmmm, I wonder if the state of Virginia lost all of our records? Or perhaps they were stolen. Isn’t it funny how we are all around the same year 1994? I wonder what Primetime or MSNBC Investigates would say. I also wonder how this would look if a Virginia politician became a candidate for Vice Presidency. I don’t think this legal scam would be very favorable. Do you think other citizens that are not previous residents of VA would want this type of harassment?
August 15, 2008 at 4:04 pm
I was just contacted by United Consumers on the phone. I denied their request to verify my identification so they could not tell me why they were calling except that they represent the State of VA taxation dept. I lived in VA for 4 months in 2001. I have never been notified by the state of VA that I owe money. Does anyone know what happens if you never verify your identity? It could not be that much money as I was waiting tables at that time but with interest and late fees I have no idea how much they are claiming that I owe.
August 16, 2008 at 8:10 am
Mary; I’m sure you TOLD them to verify whom THEY where and to PROVE that they Represent the State of VA. Unless it’s in writing, you haven’t a clue whom they really are (or should you offer any personal information) until they do. Protect yourself!
Laura; I’m sure you ran right out and wrote a check, NOT”! They know that what they say on a phone is not verifyable. That’s why they do it that way (to harass and intiminate you). Remember that you’re dealing with the scum of the Earth. Make them put it into writing if they contact you again.
August 18, 2008 at 3:09 pm
How lame these collection bureaus are. Everyone should know never to acknowledge a phone callers demands. Besides the obvious intent to harras and intiminate, do they ever follow up with written “proof” of their claim to represent the State of Virginia or is just a letter saying that you owe? Has anyone here received any “proof”?
August 19, 2008 at 4:41 pm
I just finished paying off a garnishment that the “State Of Virginia” placed on my paychecks for a months time, due to an overpayment they made to me back in 2004. They garnished my check for a month for $700, after which the garnishment was lifted. I today get a Certified Letter in the mail stating that I still owe $375 more on the tax payment from 2004. The original amount was a $200 overpayment that the state made to me in 2004, which after interest and penalties grew to $700. Now they are telling me that after my paycheck was 100% taken for the entire month of July, I owe them another $375. That is out and out BULLSHIT. When I make $800 a month, and they take it for a entire month, putting my bills behind, then tell me now that I owe again. This is the biggest case of the state being doing Usury. I don’t see how in the first place $200 could possibly end up as $700 with the intrest and penalties, unless they are using some recockilus intrest rate compounded daily. Then I get told now after they garnished well over the $700 owed, that I still owe then $375 more.
I SAY FUCK THAT TO THE STATE OF VIRGINIA
In my own opinion, the state of virginia is trying to make up for all the money that they spent on stupid shit, and instead of them taking a fucking paycut, they want the taxpayers to pay it for them.
August 20, 2008 at 9:24 am
David
I would go back and check VA laws. I think you paid too much.
August 21, 2008 at 3:06 pm
I just got a letter from DCS, which I promptly canned, saying that I owe $1300 from 1993. Notice how all of the people contacted moved out of VA and now owe back taxes? Nice of them to get in touch with me 18 years later. My wife is an accountant and destroys our records after 10 years. This has got to be a scam. Count me in on that class action suit!
August 22, 2008 at 9:53 pm
A collection agency from Virginia called me yesterday stating that I owe back taxes from 1997. I lived there from March of 1997 to March of 1998. I have never heard anything about this until now. I called the Virginia Department of Taxation and was told that because I filed my FEDERAL income tax on the wrong form, they recalculated my STATE taxes and proved that I owe $300. I asked them when this recalculation was done. He said I was audited in 1998. Supposedly the bill was mailed to my old Virginia address. I told the guy that I needed something in writing before I would even consider paying the money. I was told NO!! I have to take his word for it and I have to prove that I don’t owe the money. This, of course, would require that I still have my W-2 from a job that I worked in 1997. What the F**K??!! It is amazing to me that I have not heard anything about this til now. It is not even on my credit report. From what I have read on this site, they are targeting people who have moved away and no longer have the proof to dismiss these outrageous bills. Something has to be done about Virginia.
August 25, 2008 at 8:39 am
Has anyone received any “certifiable proof” from any of these collection agencies that they actually represent the State of Virginia (as they claim they do)? My letter gave me a threatening 30 days to respond and if I did they’d send proof. I responded and they received it months ago. They still refuse to send any proof as they claim they would but they sure like trying to call (which is harrasment now). FOX News would have a field day with this.
August 25, 2008 at 3:58 pm
I am still waiting for any “official” documents from the collection agency from California. It is now going on 40 days. I also have never received a phone call from anyone, only 2 letters.
August 26, 2008 at 11:46 am
I DID tell DCS to piss off…. later I was notified by ADP (Payroll processor) that there was a legit. garnishment of 100% of my pay.. to pay 16 k off from 1991 and 1995 ? I talked with the VA dept of Tax and, for now, am paying 500.00/mo.
Intimidation… yes, would a class action suit incur the wrath of the IRS and it’s jack booted thugs ?
August 26, 2008 at 6:04 pm
fair-dept-collection.com is a great WEB sight explaining all of this. Although you have 30 days to dispute their claim (and indeed do it via certified letter), they have eons to respond. They could even sell it to another collection agency. VA has a loophole in their laws that can extend the 10 years to 20 years (but your only required to keep tax returns for 10 years). How DCS obtained a judgement lien without your knowledge Falcon is beyond me. Maybe a professional can answer that one.
August 26, 2008 at 8:56 pm
Falcon: They have to file with a court, send you papers when the court date is, and the rule against you for not showing up. If for some reason they did not do this, you should have a case against them.
August 28, 2008 at 4:21 pm
I just got a collection letter from United Consumers for Virginia State Income Taxes from 1992 to the tune of $2000
What a crime, I was an $8.00 hour copy boy, crime is they probably owed me money. I have lived in Florida for 12 years now, no state income tax here, I wouldnt pay Virginia a dime. What a joke.
August 29, 2008 at 3:56 am
Jud; by all means you must to dispute their claim via certified mail within 30 days. Go to the above WEB sight (post 66) as there’s a sample letter in their. UC claims that Virginia is their client and they represent the state (but they haven’t proven that yet either). Keep us updated!
September 9, 2008 at 8:09 am
Well, it has been a few months now and I have not herd a word from any of the collection agencies or from VA. How about anyone else? They never send me any documents regarding my past account or has anyone tried to call be since the first day I received a letter from them. Do you think they finally got the message or an I just lucky?
September 9, 2008 at 5:14 pm
John; good for you! I haven’t heard anything either and don’t expect to. Just love their letter saying how they’ll send all their proof. All the more reason it’s expected that they bought these notes from the state after the state gave up their interest in them (which DOESN’T make VA their client). Once you dispute their claim (which must be done) it’s basically unenforceable after 10 years from everything (unless the STATE placed a lien, but you would have known that).
September 9, 2008 at 5:16 pm
I haven’t heard anything either and don’t expect to. Just love their letter saying how they’ll send all their proof. All the more reason it’s expected that they bought these notes from the state after the state gave up their interest in them (which DOESN’T make VA their client). Once you dispute their claim (which must be done) it’s basically unenforceable after 10 years from everything (unless the STATE placed a lien, but you would have known that).
September 9, 2008 at 5:26 pm
We received a threatening collection letter claim for a total of $38,000 from United Consumers, (for a total of 4 years they claim we owe Virginia). We believe we owe none of it, but since the claims date back 15-20 years, we have few-to-zero hard copies of records to prove it. We NEVER received any notices from Virginia re: these claims.
We’re writing a certified dispute letter to collection agency and copying it to the “Commonwealth.”
Today we called the Va. State tax division about this — they advised us to download their “offer in compromise form” which lists three options for disputing and/or negotiating the claims. If you call them with a verbal dispute, they must give you 90 days to pull your dispute together. Based on your information, they can waive penalities and interest if you agree to pay the amount (or a compromises amount) of what you legally owe.
They often use IRS records (or Social Security records) as basis of their claims. Since most of us don’t keep tax returns this long, we have to order our own records from either the IRS or Social Security.
Meanwhile, Va. Tax division will send you the records they have, itemizing the initial tax due, with penalties and interest itemized.
Virginia does not sell delinquent account to United Consumers — they “contract out” these collections and maintain full power over what the collection company can and cannot do. This is why we thought it best to go straight into the den of wolves (Virgina Taxation Dept) and deal with the real enemy head-on. We believe they answer to a higher standard than the collection thugs.
September 10, 2008 at 7:27 am
I have but one question. Does these IRS documents that VA obtains include your W2’s or is it just the generic 1040’s? I’m not an accountant but where is it documented on the 1040 the state income taxes that you paid? The problem here is that I’ve ALWAYS rec’d a refund on state taxes. So where do they get their figures from (gross or net) as I believe (and I may be wrong) that 1040’s don’t include state tax’s paid (just federal).
September 10, 2008 at 11:36 am
[…] address the collections business. Most of the impetus for this comes from reading comments on the Tax Collections grabs by the State of Virginia. Apparently the post hit a nerve with people who lived in or were associated with the State of […]
September 12, 2008 at 8:08 am
Good! If we have pissed people off, maybe someone in VA will do something about this huge injustices!
September 14, 2008 at 4:56 pm
PJ; this is what gets me. I was to receive a $27 refund 17 years ago from VA. I didn’t pay any attention to it as I’ve had misplaced mail before. How did that revert into me owing them thousands? There’s no requirement to retain tax records after 10 years as per VA Dept. of Taxation. They won’t refund anything after 7 years but they’re after people after 15+ years. I disputed their (UC) claim months ago. I refuse to answer their phone calls as I don’t like their mouth and I have no obligation to. They justify a letter as “contact” but they acknowledge their “non-receipt” as “that’s too bad for you”. UC said that they’d send the information that they’re required to do. By law, they must do it before anyone can do anything. IRS forms don’t show “state taxes paid”, so they’re going on that you haven’t paid anything and we can’t prove that we have by their own “retention requirements” (even if you were due a refund).
September 19, 2008 at 5:52 pm
I just got a call from DCS today for 2004 VA taxes – are they legit? They were crazy rude on the phone asking for my social security # because – get this – that is my account number. I told them that I would need written notification, right after that I was hung up on for “not cooperating” (exact words) I live in VA now, but only for a few months in 2004 – I have sent them my NJ/VA/Federal returns for 04, and now this??? I hate this F’N state…
September 20, 2008 at 6:51 am
Ted; “They were crazy rude”? Really? That’s what they do. By law (if this is their first contact) they’re required to send you notification within 5 days. Start taking notes and read up on the rights you have under the Fair Debt Collection Act.
September 20, 2008 at 2:02 pm
Dorothy, thanks for the info. We’ll have to agree to disagree on the “That’s what they do” statement. Simply because an entity chooses to act a certain way does not mean we have to accept that behavior (verbal abuse).
September 20, 2008 at 2:30 pm
Ted; they lie like crazy by playing ignorant looking for information. Watch what you say and offer to them. They claimed they didn’t receive a letter I had sent (it’s their prime excuse) until I told them who signed for it and when. Then it became a “we must’ve missed that”! The second excuse is “we sent you a letter on”. They can generate a letter in a heartbeat to back themselves up and blame it on the postal system. Don’t play their he said, she said circus. Make them send items via certified mail. They know every trick & excuses immaginable. That’s why they’re in buisness.
September 26, 2008 at 6:12 am
Just reading back (see Bill’s post 12) and figured out what’s transpiring. He filed with the IRS in ’94 (with his new address) whereas he lived in another state in ’93. VA is assuming he lived in VA via his IRS fileing, thus the attack! VA can’t collect no matter how much they try for his ’93 taxes.
September 26, 2008 at 12:30 pm
If there is a class action lawsuite, sign me up. I was in the military stationed in VA in 1989 and 1990. They say I owe them $3500 for back taxes. I was never a resident of VA. These DCS scavengers out of CA are hounding me for the $3500 and are now trying to garnish my wages. I have never received any notification of debt, I even offered to pay it if it is legitimate. The only paperwork I have gotten from talking with VA taxation dept and DCS is screen shots from a DCS computer that shows I am entered into their system and accessing interest on an unpaid debt. Sorry but, I want something on the state of VA letterhead that documents what the debt is for. As far as I am concerned, there are only 49 states in the union. I will never go to VA again!
September 26, 2008 at 3:03 pm
My husband received a phone call from DCS stating he owed $8,000+ in taxes to Virginia from 2000 and 2002. The DCS guy tricked me into giving him my husband’s contact information and the name of his work. I was very angry. He demanded immediate payment and threatened to garnish his wages. Thankfully I am not that naive. I am a paralegal and am familiar with the Fair Credit and Trade Act. Further, involved my employer. We put DSC on notice that their actions would be monitored by the North Carolina Department of Insurance and we would require proof of any alleged debt. Their proof was a printout of the computer screen noting my husbands name and listing his supposed debt (bogus debt) to Virginia. My employer sent them a letter stating there was insufficient proof of any debt. He also told him he had done his research and was aware of their egregious behavior. North Carolina does not allow its citizens to be harrassed. They will not allow 100% garnishment of anyone’s wages. They will not collect another state’s debts either.
DCS is dangerous. They have given nearly half a million dollars to politicians and were involved in that Tom Dellay scandal. They are definitely evil. I have contacted an attorney who specializes in litigation against collection agencies to see if he can provide more informaation.
Do not allow DCS to rule your life.
I look forward to other comments and suggestions.
September 26, 2008 at 6:00 pm
Tarahrah – you can prove that the state taxes were paid by getting a copy of your W-2 from the IRS. Make sure you do it as soon as possible because they only keep records for 10 years. The state of VA know this as does DCS. That’s probably why they are going after people who have moved out of the state. Does anyone see the pattern, (i.e. moved out of state, purged records after the IRS required 7 yrs, the tax year for their claim is passed the 10 year IRS deadline….). I am trying to contact Class Action Lawsuit lawyers to help us. Can anyone else on this blog help?
October 1, 2008 at 1:25 pm
I am so glad I found this blog! My husband was contacted by DCS in January about 1994 and 1995 taxes. He was in his early 20’s then and not the most responsible, so he honestly doesn’t remember whether he filed those years or not. But until he got notice from DCS, he never heard a thing about the debt, and we lived in Virginia until 2002. Even got refunds in years subsequent. DCS made me so mad because they called our neighbor to get a message to us about the debt. I think they did that to someone else too. This is a very obvious pattern about people who moved out of state! ARGH!!!!
October 2, 2008 at 1:48 pm
Please be advised that DCS contacting your relative, employers, friends, or neighbors, about a debt is in violation of the federal Fair Debt Collection Practices Act (known as the FDCPA). Third party contacts are permitted if the contacts are solely for the purpose of locating you and do no reveal in any way the contact’s underlying purpose. Also making flase, misleading or deceptive representation in collecting debts, such as pretending that letters carry legal authority is a violation. I would say those “computer screen” printout as proof are a violation of FDCPA. You can tell DCS that every violation such as threatening to garnish, contacting third parties are $1,000 fines for each offense. Let them know you know your rights and you won’t let them harrass you. Cut off their power – only allow written communication. Report their actions to your state attorney general.
Sorry – I just get so mad – I have to rant and rave.
October 6, 2008 at 8:40 am
Tarahrah; collection agencies are notorious for intimination. They are focused on one thing and that’s money! What’s really ironic is that they claim that VA is their client, but won’t show any proof. Which means that either VA doesn’t know they’re violating the FDCPA laws on occassion or that VA is condoning this in direct violation of their own consumer laws also? A friend of ours who’s also a tax professional in VA swears that VA sold these “write-offs” to collection agencies because they’re essentually uncollectable or enforceable after 10 years unless a lien or judgement is in effect. Our State Attorney General is all over this matter. Don’t be sorry for “venting”.
October 9, 2008 at 7:31 am
Rob, Which AG’s office did you report this issue to? I want to file a complaint but I’m not sure if I should in my current state, Arizona, or Virginia. Should we report it to both?
October 9, 2008 at 3:32 pm
You should file the complaint to your respective states Attorney General. You may also file with the Federal Government. If the collector is in violation(s) of FDCPA Law then by all means do so. Remember, once you dispute the claim, they have 30 days to provide you with “official” verification (not computer printouts). Collector place you on the defensive when it’s their responsibility to prove their case. Not you to disprove their case. I wrote them telling them that I shall not be responsible for any correspondence I don’t receive. They didn’t like that, ’cause it cost them more and phone calls are “moot”. You have that right to demand this. I just wonder if VA knows that their (supposedly) collections agencies are violating their own and federal laws.
October 12, 2008 at 9:54 pm
Visiting law students, attorneys,
Charlottesville residents, and U.Va. students all mingled together this past weekend for this year’s Conference on Public
Service and the Law, entitled “Exploring the Path to Social Justice.”
The Conference is one of the marquee student-organized events held yearly at the Law School. Yeah!!! send those greed bastards to us and we’ll exploit them! http://www.greedypeople.com
October 13, 2008 at 12:22 pm
O.k. so I just got a call at work from Anne Gonzalez of DCS. I told her to not call my place of work again and that I have sent a response to her collection letter. Of course, she said they have not received it. I told her it was signed for and that I have a copy of the return receipt. I also sent a copy of my response to the VA Treasury and they sent a bill. Any ideas what to do now? I am filing a complaint with the AZ AG’s office but I want to go after VA. Why is it we do not have any rights if VA says we owe money? They can’t prove the employers paid taxes to them on our behalf and neither can we after so much time. Any ideas on how to fight this? I don’t care about DCS – I don’t have to answer the phone, I just don’t want a judgement or collection on my credit report.
October 13, 2008 at 3:13 pm
Charlotte; They can’t legally report you to a credit bureau for any debt that originated more than 7 years ago (unless you send them money) which opens up the account since day one. They know this and they also know that they’re getting to you. Is is really VA that says that you owe or have you seen nothing but things from DCS saying that VA is their client? Here’s a quote from an accountant that’s got over 25 years doing this. “The bottom line is that if this collection agency is contacting you, then the state has relinquished their claim, most probably because they know it would be unenforceable after 14 years. The collection agency may hound you to pay this bill, but in reality there is nothing they can do to collect or enforce it. If VA has a lien or judgement against you, then they (VA) need to send you a copy of that (not just a bill).
October 14, 2008 at 11:48 am
Let me ask a question. If they don’t prove the debt in 30 days – is it still valid? I received letter from DCS today stating they would get info from VA tax department. However, we disputed the debt on 09/25/08. Essentially DCS could have until the end of October to prove debt. The NC Department of Insurance has contacted DCS because I sent them beaucoups of info about their egregious behavior. DCS called my firm today but I did not have the attorney speak to the representative. He never leaves the name of his company or his reason for calling. If they do not prove debt by end of October (25th or 30th) can they enforce payment according to federal law? Just wondering if anyone knows. I will do some researcy myself. Thanks for help.
October 14, 2008 at 3:14 pm
Tarahrah; go to credit.about.com/od/debtcollection/qt/debtvalidation.htm as this will explain it better than typing it. Once you dispute the debt, legally they can’t do squatt until THEY prove the debt. If you told them that you have an attorney (and gave the address) they are again in violation of Federal Law if they attempt to contact you (not that I can see it actually bothers them).
October 17, 2008 at 6:10 pm
I was also contacted by DCS for some VA State tax I owed in 2004. My employer was in NJ and I had filed taxes to state of NJ.
How should I approach DCS?
I don’t want to pay DCS . I haven’t got any mail from them, just a threatening phone call from them.
How much of their threat is possible to enforce?
Any comment is welcome .
October 19, 2008 at 4:52 am
Karthik; first you must dispute their claim. They must also send you a letter within 5 days of the phone call. Request all verifiable documents supporting their claim via certified mail w/return receipt. Apparently, VA received your 1040 for 2004 and believes that all your income was derived when a resident of VA. If you were a resident of NJ during 2004, then they have no claim. Your only responsible for taxed wages when actually a resident of VA (even if you worked in another state). An example would be if you lived in NJ and worked in NY. Then you must claim the NY wages on your NJ taxes. The “double whammy”.
October 23, 2008 at 1:29 pm
Here’s to bottom line. VA can go after past taxes for 20 years (even though their own WEB sight says that you only need to retain them for 10 (IRS) years. If you feel it’s in error then gather all the documentation you possibly can to justify your situation and send it to them. Be honest, truthful and just be glad you don’t live in CA (which has NO SOL)! Rob is correct Karthik, If your residence was in VA, you owe them. If not, then you’ll need a copy of your credit report (or something) to prove that you weren’t a resident of VA. “OFF” the collection agencies!
October 26, 2008 at 7:07 am
Yes, being honest and truthful goes a long way. However, I filed my taxes and it’s taken over 15 years to contact me? That’s pretty lame! Virginia’s own Official WEB sight says that we aren’t required to retain Tax documents longer than 10 years. I may be wrong here but the 20 years only applies if you’re somehow aware that there’s a problem and it’s been court ordered. After 10 years you can trash your returns, so I see it that the State of Virginia just took away any rights of defense you may of had to re-butt any allegation or do they have any means to pursue anything. What are they going to do, demand that you produce a return that they say you aren’t required to keep after 10 years? NO, they ‘sic a corrupt collection agency upon you! Virginia is ridiculous!
October 30, 2008 at 12:28 am
Here is the Virginia statue of limitations re: tax collections —
§ 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty.
A. Where the assessment of any tax imposed by this subtitle has been made within the period of limitation properly applicable thereto, such tax may be collected by levy, by a proceeding in court, or by any other means available to the Tax Commissioner under the laws of the Commonwealth, but only if such collection effort is made or instituted within twenty years from the date of the assessment of such tax. Prior to the expiration of any period for collection, the period may be extended by a written agreement between the Tax Commissioner and the taxpayer, and subsequent written agreements may likewise extend the period previously agreed upon. The period of limitations provided in this subsection during which a tax may be collected shall not apply to executions, levy or other actions to enforce a lien created before the expiration of the period of limitations by the docketing of a judgment or the filing of a memorandum of lien pursuant to § 58.1-1805; nor shall the period of limitations apply to the provisions of §§ 8.01-251 and 8.01-458.
B. The running of the period of limitations on collection shall be suspended for the period the assets of the taxpayer are in the control or custody of any state or federal court, including the United States Bankruptcy Court, or for the period during which a taxpayer is outside the Commonwealth if such period of absence is for a continuous period of at least six months.
C. If the Department of Taxation has no contact with the delinquent taxpayer for a period of seven years and no memorandum of lien has been appropriately filed in a jurisdiction in which such taxpayer owns real estate, interest and penalty shall no longer be added to the delinquent tax liability. The mailing of notices by the Department to the taxpayer’s last known address shall constitute contact with the taxpayer.
D. For purposes of this section, the “last known address” of the taxpayer means the address shown on the most recent return filed by or on behalf of the taxpayer or the address provided in correspondence by or on behalf of the taxpayer indicating that it is a change of the taxpayer’s address.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+58.1-1802.1+407395
October 30, 2008 at 6:01 am
Bluto; that’s exactly the point. The Virginia Department of Taxation’s mission is to serve the public by administering the tax laws of the Commonwealth of Virginia with integrity, efficiency, and consistency. Further, the Official Tax WEB sight states that your only required to maintain tax records for 3 or 10 (IRS) years. That being said, how are you supposed to defend yourself from 10-20 years when your not required to retain records over 10 years? That’s not consistent in any way shape or form. It’s contradictory! “The mailing of notices by the Department to the taxpayer’s last known address shall constitute contact with the taxpayer”. To be consistent, the previous statement should also reciprocate for the taxpayer as well, instead of utilizing the Postal Service as a scapegoat. Sorry, but if an entity removes a defendants avenue of defending them-self, I’d say that Virginia’s case would be moot. In this day and age, anyones whereabouts can “efficently” be found within moments (especially since they have your S/S #). If you further research the VA statues, they even state that “they” (communities and such)can trash records after 10 years. Thus, they are tying your hands while running amuck attacking you as though their soup kitchen closed down (and their now hungry)looking for a handout.
November 3, 2008 at 9:27 am
I just received a letter from IRS after I paid them $117 to send me W-2 and 1040 Tax forms fro 1998, 1999, 2000. I wanted to look back at the amount I paid so I can dispute VA. The letter from the IRS said that they could not find any tax information back that far due to federal documents are not kept that far back.
So again, I think this whole thing with the collection agencies is a big scam!
November 3, 2008 at 6:25 pm
I believe that “scam” is an understatement. Collection Agencies haven’t a clue to what VA has on you. Folks move in and out of that state and forwarding of mail is only good for a year. Va knows that! I can’t see how they can possibly win a court case when if they’re after you over 10 years when their own WEB sight specifically states that your not required to save returns over 10 years.
Any defense you may have, they removed!
November 4, 2008 at 9:12 pm
We purchased a car in 04/2007 before we were transfered 05/2007. We kept the new tags until they expired in May 2008. We just got a property tax bill for all of 2007 and 2008 from Bowling Green. We lived in Portsmouth. We have been round and round with them and are getting NO WHERE! They suggested our new State of Colorado give us a refund because we had to pay them too. We have been tranfered to all four corners of the country and have NEVER had a problem like this.
Is this what it will be like when Obama gets his way to have the whole country over taxed?
November 5, 2008 at 8:11 am
Has anyone realized here that Virginia is in direct violation of the Federal FDCPA act here? I disputed their claim and all they sent was “tax owed” with no, zero, none, any justification or explaination of where they even computed their figures from that I disputed and asked for. They said, we sent you a notice which justifies receipt. I said that I sent in my taxes which justifies receipt. They didn’t like that!
November 8, 2008 at 11:42 am
I am holding a letter from UCI dated Oct 08
for VA taxes of 1300.00 and 5000.00 stating liability period 12/31/88. 19 years and 10 months after the fact.And I live in VA, have all my life, and have no idea what this is! What is my next steep?
November 9, 2008 at 7:06 am
The very first thing you need to do (on Monday) is “dispute the claim” via certified letter w/return receipt. In the letter “demand” verifiable justification. Not just they said, we saids. I’m talking “original” copies of how, where, when and the source Virginia obtained such information to justify their claim(s). By law, UCI can not continue collection attempts until they provide you with this verification. Virginia has created an “impasse” (no way out) amoung taxpayers. Seek legal advice if need be.
November 13, 2008 at 11:39 am
Thanks Rob.Sent it and looking for legal advise.
November 16, 2008 at 9:45 am
Maddog (and others); you need to understand that VA is extremely desperate for revenue. The bills reflect computations from the gross pay received as shown on your 1040. They “do not” reflect any payments you’ve made or had deducted during employment for the year in question. Dig (and I mean “dig”) for anything that shows state taxes paid. Even if you need to contact your employer during that period for any records they may have. Collection Agencies are only out for your money (so off them) and contact VA if you want to get any headway. After 10 years, it’s useless to contact the IRS. It’s all up to you to disprove or adjust the claim.
November 18, 2008 at 11:48 pm
I received a notice of a lien against my wages from my employer that the State of VA sent them. I never received any bills or any notices from the state of VA. The taxes in dispute are from 1991 and 1992, I lived in VA until 1990 and then moved to MD, they want 100% of my wages until $3,328.00 are paid in full, when I contacted them about it they said that they needed proof that I did not live in VA those years, I have an statement from the Social Security Administration and in 1991 I made $9,990.00 and in 1992 I made $20,800.00 now, how did they come up with the amount they say I owe them I have no clue, the sad part is that I have nothing to prove that I did not live in the state of VA in 1991 and 1992, I contact my accountant and she said that it will be very difficult to prove that I filed in MD in 1991 and 1992 because they do not keep any records after 10 years. In the mean time I am living from paycheck to paycheck and now I don’t even have money for gas to go to work, food and my heart medications. What can I do?
November 19, 2008 at 5:50 pm
Samuel; this is so sad. Ironically (as you can see) no one here has written anything on how they made out “fighting their system”. Somehow they have some sort of proof that you filed your federal income taxes for those years using a VA address. You could pull a copy of your credit report as that shows addresses as reported by your credit card companies. Personally, I’d talk to an attorney. VA had to know where your income comes from somewhere & somehow. You also have the right to demand everything they have on you and how they came to that conclusion (via letter). What gets me is how they can attack your wages without you being officially notified. VA is out of control and indeed lame (if not acting cowardly)! They’re using their own “tax retention policy” against folks.
November 19, 2008 at 6:15 pm
Lame is an understatement! In this day and age, a person can be located within moments yet Virginia waits until after they tell you on their own Official WEB sight that you aren’t required to retain your Tax documents any longer than ten years. I mailed my IRS and state taxes together. IRS received them but VA says that they didn’t. They don’t accept that maybe “they” mis-documented the return. NO, it’s all YOU’RE fault. I’d love to know when they came up with their 20 year “tax attack” law but keep the 3 & 10 year retention policy on thier “OFFICIAL” WEB sight. It sounds like something that came out of a “sandbox” education. R U Listening Senator Nelson?
November 19, 2008 at 10:17 pm
I received a lien today for wages in 94. To date I have not received any proof, just a bill. I am in the securities industry and must post this lien on my U4. I consider this defamation of character since the public uses this information when checking my background. I am an honest law abiding citizen and now my wages are being garnished like a criminal.
I have submitted the following information to several class action law firms as well as the State of Va Governor’s e-mail address.
The State of Virginia claims that taxes are owed for tax years that extend the time for IRS to provide adequate documentation. Most claimants are out of state residents who have purged tax files after seven years as directed by the IRS. The State of VA tax website advises to keep records for three years. The state has waited until it is too late to prove their claims are not valid before contacting us and placing liens on our wages, taxes, etc. No evidence is provided that states the claim just a bill. The years in question for most of the claimants is 93 to 94. Perhaps the State of VA has lost our files and now we are paying twice for their mistakes. We consider this a scam and want to file a class action lawsuit against the state for harassment by their collection agencies and defamation of character for garnishment of wages. We are all willing to participate in this lawsuit. Please refer to this blog for information regarding our claims https://12angrymen.wordpress.com/2007/06/27/virginia-tax-law-stupid-evil-and-greedy/. I will gather names and numbers if necessary. Thanks in advance for your help.
If there is anyone else who can google class action lawyers and submit the same perhaps someone will listen and help us. I am begging everyone to participate. Let’s stop talking about the injustice and do something about it. PLEASE JOIN ME!!!!
June 3, 2011 at 4:14 pm
any luck on that suit? I know it’s three years later, but if you’re still trying, I need to hop on that one.
November 20, 2008 at 5:57 am
This story is getting old; but I work in Illinois, live in Indiana, my employer is in Texas. In 1993 I moved to New Jersey and then to Pennsylvania. Sure enough, last Friday (November 14th) I opened my check stub to find it only contained $2.30. The remaining two weeks wages went to a Wage Garnishment.
I have had absolutely no contact either by letter or by phone from the State of Virginia or any collection agency. Just out of the clear blue sky, my money was stolen. Virginia claims that I did not pay $231 in Income tax for 1993; the remainder is interest and penalties.
To exasperate my situation further, my Human Resource department refuses to provide me with a copy of the lien. They did, however, fax the first page to others in the company who were nice enough to email it to me. Clearly on the cover, this bill was not due until 12/02/08. Had they phoned me, I would have had some chance to contest it and demand support. My lawyer could have interceded to prevent my employer from paying it out. Also, there are instructions on the document to spread payment if any were owed (and I do not owe tax to Virginia), over time; and not take a sum that, miraculously, adds up to exactly the sum of my check less $2.30, and no more. Curious math to say the least. My employer paid it out the same day that they received it.
The H.R. vice president states that, “It is your responsibility to correct this and it is [My Employer’s] obligation to respond to legal documents at the time it is presented to them.”
What reason could my employer have not to give me a copy of a support for handing my money over to someone else? Do I have to subpoena my employer for a copy? I have a very good career going [I have been with them ten years]; but it seems to me that my next course of action is to have to sue my employer for unpaid wages for the two weeks just to get some cooperation.
The name on the bill, which is what it appears to be – not a “legal document” at all, is Judy McClane. The name Judy McClane, I am told is not on Virginia’s List of Deputies neither is she listed with the Virginia Bar Association. She is not an officer of any court and this is not a court ordered Wage Garnishment. She identifies herself as a “Tax Representative.” From what authority would this caliber of person be sending out such intimidating demands for our money? What other names appear on your documentation and should we sue her and any other name posed here as individuals to obtain satisfaction?
Thanks for answering my questions.
Torence Evans Ake
Hammond, Indiana
November 20, 2008 at 6:10 am
Obviously, this situation has reached a different level. Now, only legal interception can help. We could blog about this forever and throw out ideas but the bottom line is your money is gone and so are many others. We need to take action, not blog. Send this information to as many legal firms, state attorney general offices, the VA governor, and anyone else that will listen. Someone has to stop and take notice and help us. The only way we can resolve the situation is to do something.
November 20, 2008 at 11:10 am
Torence; There’s a Judy Mclane listed as 60 y/o and lives in Richmond. (Geee VA, that didn’t take long to find out). I agree that we should saturate everyone (the news, senators, governors, etc.)about this obvious state sponsored impasse. UCI claimed that they represented the State of Virginia but act in defiance of the FDCPA. Why would your company withhold a supposedly legal document from you? VA may not have received your taxes for that year but that doesn’t mean you should be denied all defences and attacked as a criminal reaching across state lines. This is indeed lame and cowardness!
November 20, 2008 at 5:14 pm
These actions by the Virginia Department of Taxation (along with their lawmakers) really bothers me. Not contacting folks and taking their money without notice in the middle of winter! What if that was their money for heating and they froze to death? That wouldn’t be unintentional manslaughter, it’d be intentional manslaughter as they “know” what their doing and the consequences associated. Utility Companies can’t do it, so what makes the State of Virginia exempt from murder? Now that’s criminal!
November 20, 2008 at 10:02 pm
I don’t think that VA Tax Dept cares what happens to you, I do not owe them any taxes from 1991 and 1992 as they claim and yet, they are taking 100% of my wages. For someone like me who lives paycheck to paycheck (as I am sure many of my fellow Americans are due to the economic circumstances) means that in a couple of days I will no have any money to buy gas for my car, no money for food, no Thanks Giving dinner or even any food. I have a very serious heart condition, I’ve had four heart surgeries including an open heart surgery at Johns Hopkins in Baltimore, I take five different heart medications I was supposed to order my medications this week because I only have about a week supply of them but the VA Dept of Tax took all of my wages and now I am not sure what to do, I could die if I do not take my medications, they told me today that I could borrow money from someone and purchase my medications with that ( I could not believe it) ever since I was hit with this bill from them nytro pills is the only way that I can calm chest pain and constipation.
November 21, 2008 at 5:50 am
Way back in January 1941, Franklin Roosevelt enumerated for us Americans the Four
Freedoms that every American expects as his or her right. Aside from Freedom of Religion, we are entitled to Freedom of Speech, Freedom from Want and most especially Freedom from Fear. The State of Virginia has elected to take this absolutely un-American course. Not satisfied with causing Want, they are employing Corporations to act as their surrogate and deny Free Speech, the right to ask questions, and impose upon the rest of America a condition of Fear.
Look out! If you ever put down for yourself an address in Virginia and you felt it your right to have left the State, that trip will now cost you, and without warning. God Bless America. That today’s Virginians would accept this ill gotten wealth and spend it, proves them to be, at best, common.
Torence Evans Ake
Hammond, Indiana
November 21, 2008 at 7:16 pm
It’s just sad that any state would stoop as low as Virginia does. Most reputable states contact tax payers through certified mail and locate them prior to any records being unavailable by employers or the IRS. I filed and even changed my address through the postal service as suggested. Address changes are only good for a year. I can’t count the amount of times my mail has been mis-delivered in the past 18 years (and that’s the ones I know of). However, after receiving the wrath of UCI, I off’d them, filed three federal and state charges against them for violating the FDCPA (for which UCI claims represents VA). For a state to viciously attack folks when they knowingly know they have no way to defend themselves is purposefully malicious behavior on the part of the state. Greed is an understatement! I could see 20 years if a taxpayer was given a fighting chance and declined response within the initial 10 years, but what Virginia is doing, it’s criminal. After all the months of crap I endured, I proved my refund (as I filed). Guess the reply I received? A basic “screw you”! I’d be ashamed just to acknowledge that I was an official representative of Virginia.
November 22, 2008 at 8:17 am
For what it is worth I sent an email to Governor Kaine asking that his office look into my garnishment.I found that the Representatives and Congressmen from Virginia will not take emails from outside their Districts. How convenient.
What other resources and contacts can I use? Evidently, no one has posted here that they ever received any real satisfaction. However,I am entitled,at least, to a letter of sympathy if nothing else.
FYI: Gov. Kaine’s email is governor@governor.virginia.gov
Torence Evans Ake
Hammond, Indiana
November 25, 2008 at 4:12 pm
Torence; if what you’re saying is true, Virginia is in serious violation of their own Taxpayer Bill of Rights. Everything in it says “you will be contacted”. Nothing in it refers to “a letter sent justifies receipt”. That statement is located in their laws (which contradicts their Taxpayer Bill of Rights). They have no excuse they couldn’t locate you. It doesn’t take but a moment to locate anyone using “people search”. Not to mention that Virginia assumes your guilty (before the Presumption of Innocence) and then takes away any defense you may have by taking their sweet time after the SOL has expired for the IRS and other states in pursuing anything. “The burden of proof rests on who asserts, not on who denies” (ref: Article IV of the Bill of Rights). That statement doesn’t mean you’re guilty! It means I’d sue the heck out of them in your own state.
November 26, 2008 at 6:43 am
And the Commonwealth (a curious label) of Virginia seems to have some hold on Corporations to act as their surrogate and bully American Citizens should they complain when their wages are yanked away from them without warning.
Already here, I posted the reply of my H.R. V.P. Yet, despite his stone walling, I was able to obtain in the mail yesterday both pages of this “lien” that was sent. It is not a “legal document;” but, an ordinary bill; and, one that includes instructions that if I were to owe this money, which I do not, I am allowed under the terms to exempt $598.08 from the lien. Instead I was paid $2.30 for two weeks work.
By paying out 100% of my wages the instant this letter was received (It was not due for 3 weeks); and, not notifying me, I lost my opportunity to contest the demand and argue for support. Also, I lost any consideration for the hardship that such a bill imposes. Rather than a complaint against Virginia, I now have to consider action against my employer.
We are the world’s largest convenience store chain employing tens of thousands. I was informed by the source that slipped me my copy that she receives many bills similar to mine from Virginia. But the “Legal Deparment” probably one person) refused to exercize dilligence and read both pages. Something, IMHO, that should be brought befoe the Texas Attorney Review Committee.
I feel I owe it to my peers and co-workers to complain; and have my employer reconsider its practices; but, I must weigh my own career in the balance.
All this is a distraction from pursuing my complaint with Virginia. Any advice?
Torence Evans Ake
Hammond, Indiana
December 2, 2008 at 11:13 am
FYI: Following my email to the Governor, a Tony Ledford contacted me. He was certainly of a differing caliber of person than who I dealt with when my garnishment came down. He directed me to file an “Off Room Compromise” and request a refund. The forms for it were at the Virginia Tax website, tax.virginia.gov and he had me type “OIC” in the search-go box to bring up the form. He states that the individuals who review claims processed in this manner work for the Tax Commissioner and are especially skilled with doing the right research and review.
Has anyone had any experience with settling their claims in this way? Before I send my letter and forms, should I be wary of any pitfalls that are not necessarily apparent? Thanks again for any advice.
Torence Evans Ake
Hammond, Indiana
December 6, 2008 at 8:13 pm
We just got a lovely Merry Christmas from the state of Virginia.
I only wish I had come across this site earlier this year when we received a suspicious letter concerning my boyfriend and supposed owed back taxes. We opted to ignore it as he state he paid his taxes each year he was there and that he didn’t have records any more (after ten years, you know).
Lo and behold just in time for Christmas, the sad, pathetic excuse for a state of Virginia took every last cent from his paycheck – one we were counting on for Christmas – and will be taking another thousand from the next paycheck. And he works for Boeing so we just got done with a strike.
Thank you so much Virginia. You can count on me rattling as many cages and screaming at as many people as possible. If we discover this was an error on the part of the state of Virginia (which it very well could be), there will be a lawsuit filed. You can count on that Virginia.
December 9, 2008 at 1:31 pm
Ironic, thought I join the fray. Diligently have paid state and federal taxes. Moved from VA to SC in 1995. Sept. 2008 ( 14 years later) receive a letter from a collection agency stating my wife did not file in 1994. Odd, since we always filed a joint return. When I called VA they didn’t have a return from 1993 and 1994. Didn’t ask about 1993 or my income in 1994. 14 years later IRS has no records past 10 years, place of employment has not copies of W2s back that far, VA has none, and I destroyed mine until 1998 – 10 years. This is incredible and you have no where to turn.
December 9, 2008 at 4:36 pm
Somehow “Grand Theft” comes to mind. Virginia states that your not required to maintain tax records for that long. They have your records on microfiche and they know your employer deducted taxes from your wages. Dispute the allegation and request them in writing! As Rob above states “The burden of proof rests on who asserts, not on who denies” (ref: Article IV of the Bill of Rights). I’m surprised that someone hasn’t filed a criminal law suit against the Tax Commissioner and had the United States Attorney General check into this blatant theft. Even if they didn’t receive your return, what gives them the right to attach wages without proof or contact that they’re doing it? Even that violates their own “VA Taxpayer Bill of Rights”. Contact is contact, not their drummed up definition of it.
December 9, 2008 at 6:32 pm
I have a question (and complaint) about real estate taxes and property assessments in Virginia. The situation involves a county in Northern Virginia (where my parents live, and I’m trying to help them out here). The county dropped the real estate tax rate last year by just over 20%, but then something fishy happened. My parents got their tax bill and it was for almost the same as the year before!
After some investigation, it turns out the county jacked up the property assessments across the entire county by baselining on properties that were way overvalued. In one case, they assessed a single-family house at $350,000 that was in foreclosure and is now on the market for $150,000!
My father is looking for some recourse, but there is no one in the county (government employee or otherwise) willing to even listen. What can he do and where can he go to get advice or take some action?
Eric
December 18, 2008 at 10:49 pm
I’m just so relieved (yet saddened and frustrated) that there are so many of you out there facing the same situation as I am. I’m going to look up the Fox affiliate for Richmond of one of those “Help Me Howard” types to try to plead our case to the media. I lived in Virginia for 6 months as a waitress in 1993 and I am yet another victim of United Consumers. I’ll also check into starting a face book group on this. There must be hundreds of us victims out there. I relish the thought of a class action law suit. Lets get em!
December 19, 2008 at 12:33 pm
Indeed it’s sad Nancy. Hopefully you disputed their claim and requested official confirmation of amount owed, where that was derived from (with breakdown)and especially all taxes paid to the state from your past employer (being that any defense that you may have had was removed by the State of Virginia). You can also file a complaint with the US Attorney General online. Keep us up to date as how you make out.
December 22, 2008 at 2:40 pm
Good ‘ol UCI. How many reported violations of the FDCPA Act they have and Virginia STILL uses them. What does that tell you about Virginia? “They’re out of control” and hide behind their own corrupt contradictory tax laws. I’m still astonished how they get away with removing folks defences and attach wages without a court order. I’d have the VA tax commissioner up on grand theft charges in my state. What’s he to do, claim mileage?
December 23, 2008 at 1:13 pm
This is a test
December 23, 2008 at 1:16 pm
USA Today | (800) 872-0001 | editor@usatoday.com | http://www.usatoday.com /
TV WJLA (ABC) Channel 7 | (703) 236-9552 | Email Unknown | http://www.wjla.com /
December 23, 2008 at 1:16 pm
The Daily Progress | Phone Unknown | Email Unknown | http://www.dailyprogress.com /
Radio WINA Channel 1070 AM | (434) 220-2300 | Email Unknown | http://www.wina.com /
December 23, 2008 at 1:17 pm
The Daily Progress http://www.dailyprogress.com /
Radio WINA Channel 1070 AM | (434) 220-2300 http://www.wina.com /
December 23, 2008 at 1:17 pm
I am trying to post local newspaper names and email addresses and phone numbers but your site wont let me
December 23, 2008 at 1:19 pm
Sorry about that…they got caught up in the spam filters. Go ahead and post them and I’ll make sure they get through!
December 23, 2008 at 1:56 pm
Talked to BJ Haynes. a tax attorney, and he said that this is going on a lot. He gets one call a day over this. Most attorneys won’t take small stuff (his retainer is $5000) so relatively small amounts are undefensible. You have no records and you are too small for an attorney.
December 23, 2008 at 6:23 pm
Saturate the US Attorney General with comlaints. I can understand if an entity doesn’t receive ones tax return. However, that doesn’t make a person a criminal like Virginia assumes you are. There’s no requirement to pay state employment taxes twice. I can see the late filing fee (somewhat), but to attack folks after their avenue of defences are deminished is cowardly unless they (Virginia) can produce “employment taxes paid” during the period in question (then adjust accordingly). If the US Postal service was so accountable, why do they offer certified, registered, return receipts, tracking, etc. as a service? Notification sent doesn’t relate to notification received. DUH!
December 26, 2008 at 10:45 am
Rob,
Can you point me to where I can find that Article IV in the VA Bill of Rights you found “The burden of proof rests on who asserts, not on who denies”? I can’t find it and I’m looking for as much ammo as possible for a certified letter to UCI. I already sent them a letter shortly after their first call but did not send it certified. This time I want to follow the advise of you and others on this board. Wish me luck. I’ll also be formally complaining to the USAG, BBB and anyone who will listen!
December 27, 2008 at 7:23 am
Nancy: It’s Article IV of the US Bill of Rights that states the burden of proof. The VA taxpayers BoR is found under tax.virginia.gov-WEB_pdfs-BillOfRights.pdf
UCI will deny receipt. After their first call they’re required by law to follow the call up with a letter within 5 days (ref. FDCPA). It just astonishes me how VA is so lame in this. It seems as though they intentionally sit on this until they knowingly know you have no recourse (records) or anyway of retrieving them. Then they let the “dogs” loose upon you to do their dirty work. Dispute their claim and demand they produce “employment taxes paid”. After all, if they’re claiming that you didn’t pay taxes, then they need to prove it through a statement or documentation from your employer that your employer didn’t take taxes out of your paycheck as required by law. Bottom line: VA is trying to get paid twice for taxes already paid w/interest. The BBB won’t help you and they’re numb to collectors.
January 13, 2009 at 6:21 pm
I have received a lien to garnish my wages and I have escalated to my attorney. I told her that I may have 20+ people to support this class action. If you are interested, please respond to me with your e-mail address. I will provide this blog with the information when I receive it.
January 29, 2010 at 7:54 am
Charlotte:
Please send me anything you can on class action. They are coming after me. I never lived in the State of VA and they say I owe for 2001. I have no records saved and the H & R block does not have records saved before 2004 proving they did my taxes. My paperwork was lost in a flood. $8500.00 they say I owe them. I need your help with anything possible. I am just starting a new job on Monday in CA and do not want to lose it because of this SCAM and possible garnishment by State of VA. It is amazing how mean the State of VA was with me. I still don’t understand how they can do this or get away with this. My email is jpfeiffer555@gmail.com. Thanks, Janice Pfeiffer
January 13, 2009 at 6:25 pm
Sorry my e-mail address is charlottesadcock@cox.net
January 20, 2009 at 3:56 pm
Charlotte; it’s not even a matter of a class action suit. What Virginia is doing is essentially illegal. Going after folks after all avenues of defense are diminished and even stating in their own WEB sight that your not required to maintain records for that long takes ones defense away. An entity that removes your defenses and then attacks IS illegal! They can’t prove that you didn’t pay taxes or even live in Virginia during that period but use their “word” as an attack mechanism. They’re looking for money, bottom line and using every fraud technique they can think of.
February 16, 2009 at 9:38 pm
VA says they have no record of my tax returns except for 2001. I have always lived in VA and always filed my taxes. They looked at previous addresses, phones, social sec. #, and they say they have nothing. I have copies of all my fed taxes, but I don’t have copies of the state returns. Is there anything I can do?
February 17, 2009 at 7:07 am
First, if your dealing with a collection agency, loose them. If you have your FED returns you must have your W-2’s with them which also shows state employment taxes paid. Go to the VA WEB sight and download a copy of whatever years return is in question (or change the dates on the form) and refile. Notify VA when complete and FAX it to them. If you don’t, they’ll go by the bottom line and calculate the fines and interest as if you didn’t pay a dime toward VA’s taxes. Don’t “dilly-dally” as they sure won’t.
February 25, 2009 at 10:23 pm
Ms. Stacy Freeman
DCS
PO Box 9057
Pleasanton CA 94566-9057
1-800-866-5317-extension 3649
RE: Account number 90408751890
Past due VA State Taxes in the amount of $3,091.46 for FY2000
Dear Stacy:
As per our telephone conversation yesterday, February 24, 2009, I reviewed my tax returns and while I only have actual copies dating back to 2002, I have sent for the IRS transcripts for 2000 and 2001 in accordance with the H&R Block files submitted. I do confirm that due to loss of my business in 2000, I owed VA state taxes. My 2001 tax returns were a big disappointment since they were e-filed and the IRS paid the state taxes owed for the first time sending me less than $100 ruining my annul trip to the beach. I was also refunded $130 from the sate of VA in 2002, which is a clear indication that the only year I ever owed taxes in my life was paid off. Since 2003, with the internet capabilities I have filed and have copies of all my tax returns.
Luckily IRS keeps records for 10 years despite the fact that the tax payer is only required to keep state records for 4 years. Whew, I just made it in the nick of time, plus since the e-file was started in 2001, I am sure it is so much easier to keep computer records besides all that giant bulky paper work they had to store and juggle around the IRS offices.
During my research for almost a decade old tax records, I had the opportunity to do some research on you personally and DCS as a company. Your presentation yesterday was excellent and you actually had my credit card in hand ready to make installment payments on a bill I did not owe, after loosing my job due to the Lehman Brother’s curse, and despite negotiations to get my mortgage rate reduced due to severe hardship. You lost me when you had to have 3 personal references before approving the payment arrangements. Do you know how many people die a year and no one knows them or even claims their body? Everyone has a credit reference or two but not all have three personal references, especially in a country where people leave jobs at an avg. of 2.5 years and move across country or just a few miles away and loose touch without a common thread like a job. I have lived in my condo for over 3 years and I still don’t know my neighbors; I did read up on your illegal techniques to find out if someone was still alive. Having little old ladies slipping notes under unknown neighbors’ doors-WOW!
Last year this time, to be exact, February 2008, you were one of the top performers of Starfish Home in Ventura WOW! I would hire you in a second to cold call properties for concierge services to get my company started! I have trained leasing agents for over a decade and you definitely have a special skill with closing a phone deal. In addition, while you were doing a great job, CDS has had more complaints filed at the BBB than cases they could settle. Just for fun, 113 cases regarding improper billings alone; I am sure you are aware of the rest of the laws suits and that CDS is not approved by BBB and not even an Inc.
While we had our chat yesterday, you were not aware that your initial letter dated February 19, 2009 arrived via mail a few hours before you started calling and not leaving messages. I would leave a polite message and ask for a call back instead of constant ringing The FDCPA has strict guidelines for fair credit dept collections to include rights of recipient to respond. A letter dated February 19, 2009 that gives you until March 1, 2009 to validate debt and date stamped February 23, 2009, with an urgent call from you stating that payment is due now and you have to make payment arrangements before tomorrow February 26, 2009 or assets/wages will be debited, are consistent proof of strong arming a debtor, not to mention an innocent person whose dept is not yet validated or ever will be, since it is inaccurate.
This is your job and you have the right make certain calls and send correspondence within guidelines. You must send tax collection notices certified [the IRS does], have accounts readily verified [unless planning on willful fraud], and allow the full 30 days as inconspicuously written on the back of your notice. Your letter alone with the record of calls placed to my home and cell yesterday, has already violated FDCPA laws and regulations. It is not my job to explain FDCPA regulations, but we do live in America, not all dept is actual, we are innocent until proven guilty; we don’t behead or stone to death without proof in this country; that I know off?!? Did something change since 2001?
Unless, DCS tries to defraud a large number of tax payers who owed 2000 taxes and in accordance with the 2001 e-file the IRS paid their outstanding state balances before issuing a refund if any. Many can be fooled into actually paying for funds they do not owe. They will have an honest recollection of dept owed, once reminded a decade later and feel threatened, or just tired. While I do not have 3 personal friends I do have some acquaintances in the real estate market and some pretty cool internet connections; just for the innocent. I was shocked to hear how many people were sent the same type of letters for past due taxes for 2000 paid by e-file in 2001 by the IRS to the state. I would give you my number to date, but that would not be as much fun as spending my day researching a bogus bill over twice the amount owed to the state of VA in 2000 paid in full in 2001 by the IRS. I am sure DCS has the number they attempted to defraud and so will the BBB and FDCPA regarding actual cases and attempts at defrauding innocent victims.
This is not personally against you, you were great, doing your job and almost had me, just pushed it a little too far and lost the sale. This letter is for CDS and a warning regarding the 2000 and 2001 e-file fraud, knowing that the IRS only keeps records for 10 years, most people 5 to 7 at most and the DCS relentless callers even when the debt is not accurate.
If you received one of these letters act fast and respond only in writing and certified mail! WOW look at the time! Stacy! I forgot to call you by 9:00p.m.; forty five minutes late, wanted you to hear the goods news first hand! YEAH I ALREADY PAID! You were so curious about my personal life yesterday, thought you were trying to be friends; thought I could have your personal info for Pepco tomorrow… Ooops…that’s right, I did not call you and ask you for personal info regarding an unvalidated debt and I certainly was not the first one to know that I have a “debt” almost a decade old until yesterday, due tomorrow, with triple tax penalties. Must have been in a coma and untraceable until I woke up yesterday!
Sincerely,
Anita Kernacs
February 26, 2009 at 6:46 pm
here are their phone numbers
Stacy Freeman 1-209-858-3702
Maureen 1-209-858-3649
try “not” calling their direct lines becuase they have to answer. after 50 redials they got sick of me. they wanted my social and I wanted their fax number.
February 27, 2009 at 8:09 am
UCI was just as stupid. They were extremely arrogant and persisited that I owed back taxes from ’91 and that VA’s claim was justified (I played their game). When they started violating Federal law, I documented it and told them to cease & desist. Then VA contacted me, telling me the same thing. I demanded them to prove it (which they never did) and then they violated the Federal statues. Finally, after listening to enough arrogance I produced my taxes for which proved that they owed me. Their comment: “It’s past the states statue of limitations for refunds”. What’s wrong with this picture?
March 2, 2009 at 2:35 pm
Well, my case was officially turned over to the VA Dept. of taxation and away from UCI. They provided me with their “records” showing what I owed that year that was supposedly not received with the detail of the fees I’ve accrued over the past 20 years. I mainted to them that I wanted “verifiable proof” but was told that the burden of proof was on me. I pleaded my case in an offer of comprimise detailing and proving that I did not even live in VA the first six months of the year in question, 1990. I even provided my transcripts from Rutgers in NJ up through May. I offered to pay them “under duress” half of their ridiculous unsubstantiated bill just to try to get them off my back and today I was denied, no reasoning, just denied. I am told by the VA Dept., (not UCI) that the burden of proof is on me regardless of the fact that every means to prove my case has been removed. Considering these people who have had liens placed on their salaries I’m not sure what else to do except pay these criminals. What left is there for me to do without completely f’ing up my credit. They are so pathetic.
March 3, 2009 at 7:09 am
Nancy, if you have proof that you didn’t even live in Va back then, how can they legally get away with taxing you for the full year? I’m sure your employer back then took out state employment taxes during that period also. Why would the burden of proof be on you when Virginia states that your not even required to maintain tax records for that long? I wonder what would happen if someone took the tax commisioner to court for violating your rights (Art. IV of the US Constitution). Have you tried contacting your former employer(s) (or their accountant) to see if they have a copy of taxes paid? Sometimes they do. VA has a bunch of weisels working for them and they know that they can demand anything without much recourse. Unless they get stopped (US Attorney General) they’ll continue. They’re probably thinking you were in college then and “all” employment was from VA. Even if you can find an old pay stub, it’d help. Otherwise, I’d contact an attorney before VA goes ballistic.
March 4, 2009 at 1:38 pm
Nancy’s problem may very well possibly be that being a student in another state doesn’t always justify or substantiate being a resident in that other state. There’s residency information in the VA tax WEB sight regarding this. However, any income received from NJ isn’t reciprocated to VA. Sadly VA is going by her IRS 1040 which doesn’t break down where the income(s) were derived from.
March 5, 2009 at 6:16 pm
Yes, I was concerned that they would use the fact that I was in school in NJ for the first six months of the year as an excuse to determine that I must have then not worked until I got to Virginia. I was unable to get any other proof about my employment in NJ or in VA as both restaurants are now out of business. Providing my school records was basically a last ditch effort and even with my saying that I worked just as much while in NJ as I did in VA of course makes no difference to these crooks. Showing them that they’ve violated my rights and pointing towards the Constitution or Bill of Rights makes no difference to them. The only way I can win would be to hire a lawyer and it’s just not worth it to pay a lawyer 5K over a $350 trumped up bill. I even called the VA Attornies General Office and was told that they work for the State! Can you imagine? They were as incredulous as the Tax Dept. Anyway, Rob is right, they just go off the IRS 1040, wait until you have to recourse for action and then attack. Who would have thought that we live in a country where you are guilty until proven innocent.
March 8, 2009 at 8:18 pm
Wow, I can’t believe how many people have the same problem. I was one of the many people who neither lived nor worked in VA that were pursued by one of their collection agencies.
I was able to work this out directly with VA tax dept by sending them a copy of my state tax return, but not before I was scared out of my mind by the threatening phone calls of the collection agency. They can garnish wages, but not within a few days of their first contact as they had threatened to do. I contacted my attorney general who forwarded the complaint to VA Attorney general and I feel like it’s going nowhere.
If anyone has any success in complaining about this or taking it to the media, please post here so that we can all help stop these unfair and illegal practices.
March 9, 2009 at 4:39 pm
Last May I got a collections notice from NCO Financial saying I owed about $500 to Virginia for income tax in 1993. I contacted the Virginia Department of Taxation to find out what this was about and the person I spoke with advised me I needed to deal with the collector (and not the State of Virginia.)
I sent NCO a request for validation (via certified mail, return receipt requested) and got a letter from them that stated “the above referenced account is closed in our office.”
Fast forward to this February and I got a phone call at 7:05 am from United Consumers, Inc that left a message on my answering machine that requested a call back for “an important business matter.” I called them back and the person I spoke with wanted to confirm my name (including middle name) and my last four digits of my social security number. I responded “I don’t do that.”
About a week later, I received a letter from them requesting the same amount that NCO had on their letter from the previous year. So, I sent them a letter requesting validation of the debt about three weeks ago (also sent certified mail, return receipt requested.) I am still waiting for a response.
I did live and work in VA in ’93 and so it is possible that I owed VA something. (I held two low wage jobs.) My issue is that I want some proof before I pay anything. Proof that I owe the money and proof that I owe the debt to the company requesting payment. The total debt is less than $500, so I wonder how much the original amount could have been since now it must have increased due to penalties, interest, fees, etc.
Also, does anyone know if NCO Financial and United Consumers are somehow the same company? Both companies payment addresses were P.O. Box 9056, Pleasanton, CA 94566-9056 and payment web addresses were http://www.epayquick.com.
Any input would be appreciated. Thanks.
November 2, 2009 at 9:12 pm
Fast forward to today 11/2/09, and I receive a letter titled “Virginia Tax Amnesty Notice – Please Read Carefully.” It appears that I will have the “opportunity” to “Get Square” with the Commonwealth which waives half the interest charges and all penalties if I pay by December 5, 2009. That would bring my bill down to about $300. The bill has a UCI account number on it.
I am wondering if this is legitimate. UCI never sent me validation back in February that I owe the money or that they own the debt. I am tempted to pay this since it is a bit less than the $500 that was originally mentioned, but I am very leary of UCI. I am also tempted to sue UCI. From what I read online, it appears that UCI may have violated the FDCPA and I may be able to sue for $1,000.
The return address of the mailing is the same P.O. Box of UCI and I have the return receipt from the validation request from back in February.
Any suggestions?
March 10, 2009 at 4:09 pm
I haven’t a clue if they’re the same or not. All I know is that my state is all over UCI and fining them for gross violations of the FDCPA act. Why VA is exempt is beyond me. What really bothers me is that they “purposely” take so long to contact folks that somethings amis! They “purposely” wait until all avenues of defense are diminished. Your not required to maintain tax records for that long and their own WEB sight states this. So how do they get away with it? I’d never let them know where my bank is. If I sent them an “offer of compromise” (which includes it), I’d change banks in a flash! I’d also have them in a court in my state before they even attempt getting me in theirs. Removing a persons defense and then attacking underhandedly has got to be illegal (no matter who it is). Sorry for venting!
March 10, 2009 at 9:15 pm
I totally agree Rob. I did not use their “official” Offer in Compromise form and did not provide any account information. Just a detailed letter explaining my case. Hmm. Maybe that’s why they turned me down. Jerks. It’s not court that I’m afraid of. It’s them tracking down my employer and then garnishing my wages and ruining my credit that really concerns me. What they’re doing is illegal but the only kind of person I can seem to get on my side that has any pull is that VA lawyer who costs 5,000 to hire. So I either wait for VA to ruin me, pay their stupid 300 (via cashier’s check of course) or hire a 5000 lawyer. No good choices. Sorry for venting too!
March 12, 2009 at 3:51 pm
Nancy, understand that Virgina CAN NOT affect your credit for a debt that originated over 10 years ago. Even if they tried by lying about it, reporting companies are mandated by Federal Law to remove it once notified. You don’t need to send them a cashiers check either. A regular check is fine (just keep the proof (copy) showing that it was cashed). You don’t receive a photocopy of a “cashed” cashiers check. I proved that I was not a full year resident to VA back then by a copy of my credit report showing “past addresses” that had dates on them. By stating that you were in college in another state, proves “zip” as a legal residency to them. Personally, I’d send them the $300 and have it over with. I only wish you could’ve sent them a can of chicken noodle soup to show their obvious desperation. Jerks? No, I believe it’s more in line of a “Madoff” version of State sponsored corruption.
March 12, 2009 at 5:30 pm
Thanks for the advise Rob. I’m grateful to at least have you fine folks to commiserate with. Madoff version of corruption is right.
March 12, 2009 at 6:37 pm
Nancy, you’re more than welcome. It’s State sanctioned “extortion” in every sense of the word. I mean lets be realistic here. It doesn’t take 16 or so years to locate anyone. A “nurd” could do it in moments just by going to “peoplefinders”. They claim that if they send a letter, that’s contact. I sent them a letter (certified r/r) and they said they never received it. I then told them who signed for it and their “tune” changed real fast. I didn’t let up on them and I wasn’t about to. All they had was excuses and demands, whereas I had facts. They know the odds that folks don’t have their returns of 15 years back and purposely use it to their “threatening” advantage. It’s just sad. Sad indeed, that a United States entity must stoop so low to attack an American just to run their soup kitchen, even if it’s they whom may have made the error in the first place. We’re only human Virginia, just like your workers!
March 13, 2009 at 10:12 am
I am trying this avenue. My wife an I filed joint returns in VA 1989-1995. She received a letter demanding $2800 because she ( not me) did not file a return in 1994. Same drill IRS doesn’t go back 10 years, employer doesn’t have records from that year stil etc etc. I am going to ask VA for a copy of our joint returns from 1989 – 1995. If they cannot produce them, I’m going to ask “if you don’t have them – why do you expect me to have them”
March 13, 2009 at 6:33 pm
John; the odds are is that they do have the IRS 1040 for the respective year in question (they’re on microfiche). They just don’t receive the W-2’s that show what state taxes were paid. It essentually becomes double taxation then. Sadly, the need for revenue has led the Department of Taxation to ignore such questions of fairness, and to seek collection on taxes that are 10 to 20 years old.
March 18, 2009 at 7:51 pm
Virginia aka Vagina sucks. A state full of either the really rich or the really poor and laws set in place to keep it that way. They make it extremely difficult for a small business owner to get through the red tape. They require 45% food sales for any establishment wanting to sale alcohol…which essentially screws: music venues, dance clubs, pubs, bars, art show venues, etc. Not every place selling alcohol should be required to be a restaurant which is essentially what this law demands.
March 24, 2009 at 6:44 pm
Hey Guys, I have been coming here ever since my boyfriend got one of those dreadful letters from the collections agency stating that he owed $1,000.00 in back taxes dated 1995 and 1997, which is UNBELIEVABLE! I came here told him about it and told him it was a scam to request the appropriate information and never a word from them, just the agency calling at least 5 times a day trying to scam their way into his bank account. So, today.. his human resources manager corners him with a paper that these idiots have now contacted his work and are putting a lien on his paycheck! Money is tight anyways and now with this its just pathetic! How can they do this? Who in the world has records from that long ago? they told him that if he could prove he paid them he wouldn’t have to pay? Ok well how in the hell do you do that since no one keeps old records like that? It’s pathetic… and the worst of all the woman actually told him she would take his WHOLE paycheck if she had to, to get what was owed to them! So she faxed him a letter at work and its went up to $2,000.00 now! How in the WORLD?! He finally worked it out with them to where they would only take 50 dollars out of each paycheck but I still don’t see how this is legal? After the first letter and I found this website I told him DO NOT talk to them send a cease and dicese letter, he did not and entertained talking to them and now he is paying the price. We both are.. I am MAD AS HELL! And now he’s stuck paying this for something we don’t even know anything about. He wasn’t even living in Virginia in 1997.. how the heck can he owe taxes then? We just don’t get it…Now with this lien I am not even sure now what to do? We can’t afford a lawyer but I told him from the beginning that is what we should have done..Oh man, am I boiling! The state of Virginia is full of SHIT! I tell you one thing I myself will NEVER live there.. ABSOLUTELY NOT! Treating their former citizens as a paycheck, its pathetic, I wish I could tell these fat cats where to stick it!
August 2, 2009 at 4:36 pm
dont be mad at your boyfriend; the cease and desist letter would have been pointless. Lawyers are useless unless the amount you owe is substantially more than the lawyer will charge. We are all SOL. i am being garnished for 6000 dollars by VA…
March 26, 2009 at 9:08 am
Hello again. I thought I would provide an update. As stated in earlier posts my husband was being harrassed by DCS for VA taxes. However, since my attorney became involved and requested the actual copies of taxes from Virginia back in September 2008 – we have heard one word from DCS – not one. So, make them prove it and see what happens.
March 26, 2009 at 10:17 am
I’ve found ya’ll after a similar experence.
I left VA in 2004 after a death in the family.
I HAD screwed up my taxes, but had my forms professionally done and mailed to me in Arkansas. So I mailed them from Arkansas. The state of Arkansas was helpfully informed by the IRS and wanted money. After mailing copies of my forms that got them off my back. Then in 2006, the great state of VA said that I owed for the last year(2004), the only one that was done right & on time. I was lucky and had kept most of my records. First I faxed them to VA after the collection agency started up.
So back & forth until they ordered my employer to send them all my paycheck. I started to contact anyone in VA I could think of to cause trouble. I reported the VA REV for malfeasance. The VA attorny General emailed back and said that with proof I was clear. They gave me a email address and I faxed them the Documents. They must have pressured the VA REV and I got a document clearing me. I guess I am lucky that I am a packrat with room to keep stuff like that.
March 26, 2009 at 3:52 pm
What really gripes me is that these collection agencies are persistantly violating Federal and State Collection laws. Yet VA still uses them. What does that tell you about the credibility of Virginia? The whole State of Virginia is not just corrupt they’re down right immature. However, until they become a spectical, I doubt if they’ll ever grow up and treat folks like human beings. They just don’t care!
March 29, 2009 at 6:16 am
Worse is that if a stranger (whom they are anyway) acted like these collection agencies do, you could call the cops and have them placed in jail for stalking, harrasment and threatening you. Virginia isn’t too far from that path either. So why the differance?
April 10, 2009 at 3:16 pm
Don’t blame the debt collection agencies that are working for the State of VA. Contact the head “kleptocrate” and let him know what you think about the VA extortion racket that he is running. Also call your senator and congressional rep and complain loudly.
Virginia Department of Taxation
Office of the Secretary of Finance
Attention Richard Brown’
Patrick Henry Building
1111 East Broad Street
Richmond, VA 23219
804) 786-1148
Fax Line: (804) 692-0676
April 14, 2009 at 11:24 am
I plan on taking this to the media today-I emailed Richard Brown this morning concerning the State of VA and their strong arm tactics with past State tax obligations. I won’t get in to my story here but if anyone is still posting about this situation and interested in taking this to a media level-please feel free to email me and join the expose of the great State of Va and lack of representation with taxation. flyfishva@gmail.com
Thanks,
Susan
April 14, 2009 at 1:14 pm
http://flyfishva.newsvine.com/_news/2009/04/14/2683571-virginia-department-of-taxation-shake-down-of-citizens
April 24, 2009 at 2:15 pm
Flyfish- where did your article go?
April 30, 2009 at 10:59 am
I took it down. I can repost though.
May 7, 2009 at 2:08 pm
Flyfishva – could you put it back up? I am keenly interested in anything to do with VA taxation and how they are royally screwing people. My BF had over $3000 taken from his pay last December and we can only get a magnetic media copy of his W-2 from 1991 – that conveniently doesn’t show any state info. At this point, I believe the burden of proof should lay with the state as he can show he paid state taxes the year prior and the year after.
April 24, 2009 at 2:42 pm
For those of you whose wages have been garnished, did you get any prior notice of a judgment or lien? I would assume that DCS would have to go through your local court?
August 12, 2009 at 6:26 pm
no nothing at all and they got me for over 5000 dollars for a debt i did not know….. they suck
April 27, 2009 at 11:19 pm
My 33 year old daughter notified me today that she received a letter from a collection agency representing the State of Virgina. It was about back state income tax that she owed for 1994. She was 18 and the spouse of a active duty sailor. She lived in the Virgina for 8 months until they divorced and she moved out of state. In 1994 she worked 5 months as a waitress for minimum wage. If she was lucky she made $1800 (including tips) during 1994. The State of VA claims she owes them $1600 in back income tax. Since she was not active duty and she earned income in the state of VA she is on the hook for state income tax. She is sending them a letter asking for a breakdown of all taxes, fees, penalty and interest. I am not sure if the state will respond; but the whole situation is BS.
April 28, 2009 at 2:16 am
Hi Mitch,
Make sure she sends a letter to them requesting validation of the debt within 30 days. (Google “debt validation letter” for suggestions.) Also send it certified mail, return receipt requested. I have had two separate agencies contact me regarding money I supposedly owe VA from 1993. After I sent the request for validation, I’ve never heard from either agency.
May 5, 2009 at 4:52 pm
I too have received a letter and calls from DCS concerning 1991 and 1992. After requesting information from the state directly we received what they claim we owe, interest and amount paid. What this showed is that DCS is attempting to collect about $1500 MORE than the actual amout VA says we owe. Plus in the most recent DCS letter it says we couldn’t send a personal check only cashiers check or money order. Where are the guys buying cars overseas with the bogus chashiers checks when you need them!
May 5, 2009 at 6:48 pm
Isn’t it amazing that a just because a state can adobt a law, it makes it legal? Collection agencies don’t work for nothing. I had the same experiance. A collection agency said that I owed VA $3700 for 1992. I was only there for 3 months. They took my 1040 which showed the full year of gross income and calculated it into VA terms. I also showed that I paid employment taxes. I got rid of the collection agency and my state fined them $3000 for 3 violations of Federal Law. Result, VA owed me $3. However, their law says that “too much time has elapsed for any refund”. VA’s excessive tax retention laws are contradictory and probably illegal, but I sure haven’t seen or heard of anyone taking them to court yet.
May 7, 2009 at 4:20 pm
A few things to those suffering from the anal rape of the state of Virginia (that’s what it feels like):
1. Lisa Tortorella – she’s in the taxation department and if she gets enough calls from enough people regarding the exact same issue, she may be prompted into getting to the bottom of this – (804)786-3332.
2. I’ve put out a message on Twitter requesting a Virginia state lawyer with expertise in taxation and willing to take on a pro bono class action lawsuit to contact me – if I get a hit, I’ll let you all know.
3. I’ve contacted my congressman and my state reps here in Washington state and have a few contacts I can use on KOMO news. I’m going to contact them next to let them know what is going on and perhaps get a story reported – I’ll keep you all informed on that as well.
If you’d like you can contact me at 1webdeveloper@gmail.com – I don’t have tons and tons of info but quite a bit so far and would be more than happy to share.
Let’s hope we can squash this highly illegal act soon!
May 7, 2009 at 5:32 pm
I contacted an attorney in VA and there is a law that states you cannot bring a class action lawsuit against the State of VA. I did everything everyone has done and received a lien and garnishment against wages. I just paid it off. I am so angry, please let me know if anyone gets anywhere. They obviously know we don’t have any rights and are hungy for money. Isn’t it strange that there is noone on this blog who actually lives in VA????? Hmmmm, we must be easy targets.
May 7, 2009 at 6:13 pm
I think you may have been lied to. I spoke with lawyers in VA the other day who specifically said we could start a class action lawsuit. You might want to double check that. As I said, I’m actively searching someone who will do this pro bono.
Susanne
May 7, 2009 at 7:22 pm
I’m curious – how many are on this feed here that have been screwed and have had no satisfaction thus far?
Susanne
May 18, 2009 at 4:48 pm
I tried to post a reply that had the link to the Whitehouse Website so everyone could email the President, but it wouldn’t go through.
I was so frustrated after reading how all of you tried, wasted valuable time and exhausted all efforts to prove you like myself don’t owe this debt only to be forced to pay it since proving it was paid years ago is impossible unless you kept your records from over 10 years or more ago. Mine was from 1994 and I too received my first threatening letters and phone calls saying I owed a debt to VA last year, like all of you.
I decided the only recourse after seeing you all tried lawyers, and VA law restricts filing a class action suit, and the state attorney’s offices don’t help, I emailed the President at the White House and included a link to this website in the hopes they will read about our frustrations.
I figured that’s the top department of our nation and if they can’t help us, then we truly don’t have any real freedoms in this country like our constitution and the laws set up to protect our rights states.
Please go the the white house website, you can search it in google since I can’t post a URL on here and email them. Maybe if they get so many complaints from all of us they will look into this unjust matter and do something to help us.
One can only hope and in this day and age of so many difficult times…hope is all we have. Since, as detailed in many of your posts, our freedom to protect ourselves from having to pay a debt, we clearly cannot prove is not owed, has been taken away from us.
Best Regards,
Michele
May 26, 2009 at 1:10 pm
Michele,
As of right now, I have my local congressman and a state representative looking into this. I highly recommend doing the same and giving them all your details and records.
I will continue to see if I can get a hold of press people as well – someone will listen and it will get out that the state of Virginia is doing something that should be considered illegal.
Susanne
June 15, 2009 at 2:07 am
Va is immune from being sued by its citizens. This is the case in many states as well.
June 16, 2009 at 10:32 am
The nice thing is they aren’t immune to having your state representative force them to get off their lazy butts and get the proof they actually do have but will lie to you and say they don’t.
June 3, 2011 at 4:43 pm
Is VA immune to being sued by citizens of other states? I’m an AZ resident.
June 16, 2009 at 10:31 am
Update: my state representative is getting them to get off their lazy backsides and go to a sub-basement to get microfiche they apparently do have that will show taxes being paid or not. Do not let the state lie to you and say they don’t have records because apparently they do. The lesson learned here is to contact your current state representative and have them fight for you. We should have our money back shortly 🙂
June 16, 2009 at 10:54 am
I also contacted my state representative last week, and he was very helpful, and asked that I fax over to him a copy of the letter I received from the state tax office. I did so, and he is looking into this for me, and hopefully will get back with me soon.
June 22, 2009 at 2:21 pm
Perseverance – we just got off the phone with the state of VA department of taxation. Within the next 10 days, the entire amount garnished plus interest will be paid back. Our state representative is the one we want to thank! If you are in this situation, please get your state rep involved!
June 30, 2009 at 4:49 pm
My 80 yr old Mother, with Alzheimer’s was notified today of MY debt to the State of Virginia. The collection agency DCS was abusive, at best to my mother. Fortunately, Mom accidentally pressed the record button on the phone answering machine when she answered. The woman screamed at my mother when she didn’t know who I was, where I was. She went on to say that my Mother was harboring a fugitive. Mom was hysterically crying and still talking to this woman on the phone when I walked in.
I Grabbed the phone, asked for a name and number and she hung up. I traced the call to DCS.
I immediately called the VA Department of Taxation and asked for assistance. I lived in Arlington for 2 1/2 years, out of the country for 3 years, and back for 6 months. The year they are questioning is 1994. Hmmm. I was in Africa at the time.
The gentlman on the other end said, “Ah, well, ah this debt may not be valid, but you’ll still have to pay it to keep us from going after you.” They can’t prove it is mine. I can’t prove that it is incorrect — all files burned in 1995. Guess we are at a stalemate.
I did speak with an attorney who said the statute of limitations in Va for tax is 20 years. I’m getting close. Can I fight them 5 more years?
At the Virginia Department of Taxation, there is a woman in charge of “Complaints of Collection Practices”. I left a message with her, and have not heard back.
Her contact info:
KIMBERLY CLARK
804-510-0700, ext 2539
While the State of VA cannot be sued — you can sue Collection Agencies for abuse — and I’m guessing that telling someone else about my debt & calling a woman with Alzheimer’s an idiot could help the case. Maybe if we all sue, we’ll get enough money to pay whatever false statement they have against us.
I’m glad that an attorney passed me on to this site. Good to know we are not alone.
July 1, 2009 at 5:56 pm
Get a hold of your state representative on this. We did and we are now going to get back what was taken from us as well as interest on taxes that my guy would have received back from the state for the year 1991. Yes, they can and will hit you all the way up until that 20 year mark.
We have many contacts within the tax department in VA. If you need them, let me know at 1webdeveloper@gmail.com.
July 2, 2009 at 10:23 am
[…] Needless to say my mind was racing through the night as I tried to understand what this meant. I scoured the Internet and learned a lot about debt collection. It turns out a lot of people who have never lived in VA have had this same experience. […]
July 16, 2009 at 9:39 pm
Update: We received the entire amount the state of VA took from us today. For the record, it really pays to contact your state representative and let them know about this. Ours went to bat for us and ensured we were taken care of.
Susanne
July 17, 2009 at 4:41 pm
Here’s an interesting one for you. We have had issues with Virginia for the last 10 years trying to collect taxes from us dating back as far as 1992. They are saying my (now) husband did not file for years ’92, ’93, ’95 and ’97. Incidentally…we DO have his W2’s for 1997 showing he lived in VA only part year and in WVa for most of the year. The BEST one is for tax year 1995…I have the copy of the state tax form that was filed…showing a REFUND OWED of almost $2,000!!! WHAT??? They are saying we owe a for the years listed above a total of $8,339.77 and the Commonwealth of VA has sent us a Notice of Tax Lien and Demand for Payment of state Taxes under Section 58.1-1804 of the Code of Virginia. We incidenally have already faxed the state of VA our proof once, back on March 7, 2000 and we have the fax activity report showing it was received. After we faxed the information, we didn’t hear fromt hem or the collections agencies for years…and then poof..they are back with a lien letter. Attorney time I guess!!
July 17, 2009 at 8:50 pm
I’ve gone a few rounds with debt collectors over the past few years, always responding with a validation letter via certified mail, and then hearing nothing. The last letter (most recently to UCI) went out this past February.
Today I received a letter from the Commonwealth of Virginia Dept of Taxation demanding $6,000 for 1993 income taxes, payable before the end of the month. According to their letter:
“The assessment is based on federal information obtained by the IRS. (statutory; no additional info rcvd. by taxpayer)”
They were nice enough to include a return envelope, but they expected me to put a stamp on it.
I don’t know what that means (wouldn’t the IRS already have all the federal information they need? at least they were correct about me not receiving any other information) but it doesn’t change the fact that I don’t have any documents of any kind from 1993 and, even if I did, they would show that VA owed *me* money.
Good thing I haven’t lived in VA since 1995… I guess it’s time to put my state reps to work.
July 19, 2009 at 12:03 pm
My parents are having a simillar issue with DCS and VDT. Both DCS and VDT are claiming they owe back taxes plus penalties and interest from 1992 -1994 to the sum of $6,000. The problem is we have no records going that far back any longer
They did file and we are almost positive they received a refund for those years. We requested proof of debt from VDT. All they did was send a bill. We spoke to them on the phone three times and each time it was a different representative. All three said the same thing. “Our computers indicate the debt is valid, but we have no records for the years in question.” What???
DCS is hounding my parents with letters and phone calls. They have even resorted to calling the neighbors and asking them to deliver a message to my parents.
Twice we have sent a certified letter to DCS requesting proof of debt and for them to cease any and all phone calls to my parents and their neighbors.
DCS have failed to respond to either letter and the calls to my parent’s home and to their neighbors continue. Does anyone know how to possibly help?
July 19, 2009 at 12:21 pm
I urge everyone that hasn’t done so to contact their state representative. We did and have received back the entire amount the state of VA took from us. If your state rep needs any information on how this was accomplished, have them contact Washington state representative Ross Hunter and his office.
Susanne Bullo
July 20, 2009 at 10:15 am
Susanne,
If at all possible, would you contact me via my email address? I would like to get from you what course of action you took with your state representative.
I would like to have all my ducks in a row so to speak before contacting my parents state representative.
My email address is: 400contest@gmail.com
Regards,
Rahm
July 21, 2009 at 12:05 pm
Susanne,
Can you cc me on that email too? I’m curious to understand the specifics of what you did and how I can proceed. minkfondaco@yahoo.com. Thank you!
Nancy
August 13, 2009 at 10:43 pm
Hi Susanne,
Would you mind forwarding me via my email the steps you took with your state representative, as well? I just got my infamous DCS phone call, and have been reading these horror stories all night. This fraud VA is running is absolutely disgraceful, and I want to act immediately!
Thanks so much!
Dawn
August 13, 2009 at 11:17 pm
For all who want to know the steps – basically you need to locate your state legislature page (mine is http://apps.leg.wa.gov/DistrictFinder/as an example) – this will help you locate your representative. Email and call them. You may have to give them permission to contact the state of VA on your behalf. Keep in daily contact with your representative. Do not feel like you are imposing – it’s their job! Also, please suggest that your representative contact my state rep Ross Hunter so that perhaps notes can be compared (http://www1.leg.wa.gov/house/hunter).Please email me directly so I can give you the name of my boyfriend to give when contacting Mr. Hunter’s office. You can also email me directly if you have any questions – 1webdeveloper@gmail.com.
August 14, 2009 at 9:29 pm
Sorry about the delay in posting Susanne’s comment. The number of links in it apparently set off the “spambot detector” and held the comment for approval. Thanks, Susanne, for providing this useful information. We should all remember that those legislators are our employees in a very real sense: take advantage of their assistance when you need to! Good luck to everyone on navigating the insane maze of VA tax law!!!
August 13, 2009 at 10:40 pm
Good grief, I had no idea that the phone call I just received from DCS wasn’t a mistake or a joke!
Like all of you, I lived for a few months in VA almost 10 years ago (when I was a student) and have lived in my home state since then. A very abrupt DCS agent called me at 6:30pm this evening to tell me that I owe back taxes of $400 from 2001 and if I don’t “pay up” by MONDAY, they will start assessing more interest, fees, and possible liens! I’m actually an attorney myself (I stopped practicing to care for my autistic son), and the more questions I asked her, the ruder she got! Now, my memory isn’t perfect, but in 2001 I was still a student, and I probably earned $6000 for the whole year- not enough to be required to file for state taxes. If I had filed, I would have gotten a refund. And even though I’ve kept meticulous records all my life, everything pre-2005 was lost when my house was destroyed in Hurricane Katrina.
Having read everyone’s comments, I am absolutely disgusted that this kind of fraud is going on. I needed this malarkey like I needed a hole in the head. There is no way I want to fill out the Offer of Compromise Form for VA- and give them info on my house, car, and spouse’s work? Are they nuts?!
I’m contacting the VA dept. of collection tomorrow, and will then move on to my state representative, in addition to sending a letter to DCS demanding verifiable justification for this debt. I did manage to get hold of a nice agent at the IRS, who said that my 2002 refund was “tapped” to pay for 2001 taxes (possibly VA taxes?) and she’s mailing me copies of it. So hopefully I can prove the taxes were already paid- even though I didn’t owe them in the first place!
Up yours, Virginia, and shame on you.
August 26, 2009 at 12:19 pm
Like you, I received a call from DCS, and like you, I checked into them, and read the horror stories of their gestapo tactics… I kept (as is my right) asking for some proof that I owed ANY debt, which never came. VA just garnished my wages… and while (when I called them) they were a bit nicer, and agreed to let me keep SOME of my paycheck, I shouldn’t owe ANYTHING. The debt they are attempting to collect was from 1993… their own tax code says they have a limit of 3 years (and unless I read this wrong) a max limit of 6 years in the case no return was filed…
http://www.policylibrary.tax.virginia.gov/OTP/Policy.nsf/803d7a64c617f9f8852569520038e932/708a78bdddeb3ce7852569dd007fdc01?OpenDocument
Anyone WON this in any way?
August 26, 2009 at 12:35 pm
Yes, but not in that way. The statue of limitations for the state of VA is 20 years. What we did was we contacting our state representative and gave them all the information we had. They went to bat for us and we got back *all* of the money that was garnished. I highly recommend you contact your state rep!
August 28, 2009 at 11:24 am
This is criminal! I just have had it happen to me and I worked in VA but resided in MD…When I asked for proof or information from DCS I was rudely treated and told pay up. Well without any notice from the state I have had my bank account levied for $5400…I’m hiring a attorney, contacting my Governor and sending everything to the Obama’s administration. This is a sleazy tactic as well as un lawful. I’m sure the VA Gov. will feel the heat when this is published. My neighbor is won of the producer for 60 mins, and my guess is this is the type of story they will do..What are they thinking????
August 28, 2009 at 11:29 am
Hey if you can get someone to listen and expose this scam, count me in!!!! One thing I might bring up is that everyone who is posting brings up 1993 and 1994. Hmmm, do you think perhaps our records were stolen or lost? I wish someone would dig deeper and find out where all of our records went. Isn’t it also funny that everyone lives outside of the state now. If 60 minutes needs voices, I’m sure you have plenty to choose from.
August 28, 2009 at 12:03 pm
Ours was 1991. Though we were able to get our money back, I’d be more than happy to help out in any news announcement on this. I’ve been trying for some time to get the news in on this with no luck.
August 28, 2009 at 12:37 pm
Mine was 1985…..Let’s figure away to get the emails of everybody that has been raped by this scam. I have a couple good lawyers, but would be willing to talk to others. This is to unbelievable to not be picked up by the national media. I also think it would be a great idea if we can get this site to be picked up first thing when somebody types VA tax. I want to hear the Gov. justify his actions..What a crook!
September 26, 2009 at 11:30 am
My brother is going through the same thing with VA. I have been trying to help him in this. Got letters from collection agency in 2008. Thought it was a scam, but still responded by mail and disputed it. Never heard another word. The billed amount was about 30,000. Then in July 2009 out of the blue his bank accounts were frozen. He had checks out which bounced. The end of July VA took all money from his checking and savings accts. The bank gave me a number to call. He called VA and the rude lady said he did not file 1990, 1991, and 1992. He told her she needed to send information on this to me that it had to be an error. She gave him a fax number to ask for information, then said he had to prove he didn’t owe the money. She said to fax copies of those yrs returns. Of course he had no copies from that far back. I sent to IRS for Transcripts that I knew they didn’t keep that long. I sent certified mail all the faxes and requests to VA to VA Taxpayers’rights advocate. He said could do offer in compromise.
Then I sent to the IRS for Account Transcripts (the IRS does have these for that far back)that showed he didn’t make enough to file for those years and had no taxable income. I sent these to VA asking for his money back. Never any response. I sent these also certified mail to The Tax Advocate. No response. Sent all of this to VA Attorney Gen.certified mail. No response. I then sent to the Social Secuity Administration and asked for an earning statement. I got this and it showed no income for those years. Sent this to Va Dept of Taxation. No response. Those were the yrs of recession that his business failed. Now I will send all of this to his state representative. Meantime, VA still has his money and will not respond to any communications. When you send for a statement of earnings from the SSA, it shows how much income you have had for every year you have worked. I am also going to try filing a zero return for those years by marking year out on the form 760 and writing in these tax years. Any other suggestions will be appreciated.
October 26, 2009 at 7:41 pm
I have lived in Virginia for just over 3 months now and have decided that it it is the ost backward state in the union, BAR NONE. I just came from CA and would move back in a heart beat if I could. In the last 3 months I have been told I owe Taxes for 12 months on a car I have had in the state for 3 months. I have had my drivers license suspended for supposedly not carrying enough insurance, mind you I have full covrage at 100/300/100. I was made to have a car inspection on a 2008 honda from CA. I don’t understand how a society could let its government get away with shoving it’s cockcicle so far up it ass. Do you people say thank you when someone kicks your wife in the teeth too. Grow a pair Virginia it’s your government tell them to fuck off and spend your money on something worth while … maybe do something about the hundreds of drug dealers I see driving around the state every day or the massively ill concieved transit system.
October 29, 2009 at 8:46 pm
My aunt had this same thing happen and researching it I found this blog… they are requesting she pay taxes from 1988 and 1989!!!! Was a law suit ever started regarding this? Thanks!
December 3, 2009 at 7:35 pm
I actually am relieved that I’m not the only one hosed by the Commonwealth of Virginia! I lived there for a total of 13 months from 12/1997 to 12/1998. I remember filing a part-year for 1997, and a normal return for 1998. Imagine my shock when I received a tax amnesty notice, here in Pennsylvania, stating that I owe $1200 for 1997 and $1600 for 1998! I have a copy of the 1998 tax return but of course the canceled checks have long since been shredded. Calling the agency was no help, in fact when I started getting upset about possibly having to pay the same tax over again, the young lady told me to stop yelling and threatened to hang up on me. What I find ridiculous is that they say I incurred a year’s worth of taxes in one month’s time. I read some of the previous posts but am confused about the whole statute of limitations thing; and being in another state now (as I have been since January 1999) I have no idea where to go from here. Help?
January 29, 2010 at 7:46 am
Hello everyone. I got the same thing happening to me. I lived in New Hampshire in 2001 (the whole year) and for some reason the State of Virginia Taxation department has DCS calling me, my family, neighbors and they are rude, deceptive and give information out that made me look like a wanted felon – which I believe in not only illegal, but I NEVER lived in VA. Would not tell me who I owed the money too. Wanted my address and wanted my social, I said I would not give out my social. I finally got the information from DCS that it was the State of VA coming after me. I called the State of VA where after giving them my social security # they said I owed $8500.00. I laughed at them on the phone when they told me I owed $8500.00. Figuring it out I had to make over $160,000.00 that year to owe that much. Something was weird though. They said I had to prove I lived in NH. I then called H & R Block that did my taxes. H & R Block does not have records before 2004. So no proof there. State of VA said that the IRS gave them the information that I owe that. I called the IRS and they said I owe them nothing from 2001. But said I need to go back to the State of residence to prove I did not owe taxes. But the State of NH – there is no State income tax. Another thing, I have no records of proof I lived there – things have been thrown out, and my belongings most of them from 2001 got ruined in a flood. If this is happening to so many people, I believe it is time to go somewhere and expose this. Because – IT MUST BE A SCAM. Sorry, that people say no, but why are they ‘cherry picking’ people and insinuating they are guilty before proven innnocent? I do not have the money to either ‘#1’ pay the fine. I refuse to pay something to a state I DID NOT LIVE IN. I would rather DIE before giving up THIS FIGHT. The fact they are so rude, will not listen or help to work out the wrong they have done is fishy. DCS should be shut down. They were rude to my daughters relatives. I mean calling my daughters relatives and being mean and unprofessional is not the type of business a company should be running. To expedite some of the steps I should be performing, please post steps taken that did not work for you all. I’ve written the Governor, and am thinking of going to Clark Howard show on CNN. He exposes things like this. I do not want to hire an attorney if I do not have too. That is money down the drain. I would like to know if garnishments are paid back when they were wrong in garnishing in the first place. I will be like a raging bull if something like this happens to my professionally. I will sue if I lose my job. I do not want to have to explain ‘wrong doing by a state I never lived in’ while working as a professional. I’ve fought some hard battles in my life and won. The State of VA does not want to tangle with me.
March 31, 2010 at 12:36 pm
I am a veteran who retired and got married in Virginia Beach, Virginia. After several underpaid jobs with long hours, we decided to move out of Virginia for the very reason that you can never really own a house due to the ridiculous amount of taxes on property, land, and state. It is now 2010 and we love living in Texas where taxes are more reasonable and state tax does not exist. However my wife just got a bill from a collection agency saying that she still owed state taxes for 1996. She in fact did pay the bill that year when she was single, but she needed to prove it to the agency and guess what: The IRS and the tax agency she filed with can only recover tax records for up to 6 years back (how convenient). Now the only way she can prove she paid this bill is by getting a copy of her W-2 from her employer for that year. Why did Virginia wait 14 years to tell her about this is beyond me. I feel that there should be a statue of limitations on billing errors that they (Virginia Dept of Taxation) commit.
March 31, 2010 at 12:45 pm
Another thing that cracks me up about Virginia is that the politicians there claim that Virginia is a Christian State. It seems to me that it is a mafia state weeding out the middle class and the poor by making it impossible to own property or own a business.
April 21, 2010 at 6:45 pm
I’m sorry to report that I’m in the same boat as so many of you. For us it dates back to 1996 and, just as everyone else reports, we never heard a word about the state’s claim until well after anyone had any records to which to refer.
I just got a letter from them today and they have placed a lien against the funds in my bank accounts. It is going to virtually wipe out my savings account…I’ll have less than $100 left in there.
It is SO FRUSTRATING. I think I scared my husband when I opened the letter, I was so enraged. This is NOT what a work my a$$ off every day for.
I wish I had an brilliant idea of how to fight back, but I guess the fact that I don’t is how they can get away with this.
April 21, 2010 at 9:12 pm
Well, last week a levy was put on my account. Wiped out my savings and checking. I flipped out. I was trying to get my 2001 federal tax filing (sent the IRS a check in February for $57.00). IRS never sent me the 2001 filing because they said they do not have it. They do not have to hold on to documents past 7 years. If that is true why do we need to hold onto documents when states like VA decide to levy us for living in a state we never lived in – their state? Why did the IRS tell me they would send me the 2001 filing when they do not have it? Why did they keep my $57.00? So we are guilty until proven innocent. It is up to us to prove we never lived there? Crazy. Finally I got the Nashua NH apartment complex to fax me a form stating when I moved in and when I moved out (moved in 1999 and moved out June 2002. I got the IRS to send me the W2 proving I worked in MA and had 0 taken out for state filing (because NH has no state income tax). I had a copy of my NH license, and 2 pieces of post marked mail from 2001 (by the grace of GOD I found the mail in old boxes) and I had something from Bentley College addressed to me stating my son made Deans list in 2001. I was treated very poorly (sarcastic and demeaning remarks from a woman from the State of VA). Although, I did speak very loudly and cried hysterically because of how helpless I felt. I just cannot believe that a state can tell you that you owe them money yet have nothing to back it up. They never told me where they felt I worked while (so called living) in VA. This is WRONG and I plan to go public with my findings. I would never live in VA. Never ever after what this state tries to pull on innocent people. Contact my email address jpfeiffer555@gmail.com with your remarks – because I would like to gather information from others to go public with this wrong doing by the State of Virginia. Oh I got my money back (it should be back in my account tomorrow morning). Every one I speak to says ‘it is wrong and they cannot believe it happened to me’. I was told by an attorney that he heard that a public figure from Virginia state that ‘they didn’t care if innocent people were charged, because they were getting revenue’. Interesting remarks coming from a very well known public figure from Virginia…..
April 29, 2010 at 7:59 pm
I am a resident of Virginia and in November received an assessment for 2006 taxes I know we did not owe. I took time off from work to go to the Department of Taxation in Richmond and they really were no help at all and at that point was unable to get the matter resolved. I tried contacting them two more times to fix the situation and then this past Monday I received a Notice of Tax Lien for over $1,100 and then two days later the money has already been taken out of my bank account. According to the code of VA I thought I was supposed to receive a letter from them giving me 10 days advance notice of their intent? I never received any kind of letter. They just sent the notice of lien and took my money. It was a total surprise, especially considering they messed up their assessment and in reality actually owe ME $350. The thing that burns me up is as many times as I have been back and forth with phone calls and online live chats with their representatives, each person has told me something different every time. It’s ridiculous. And what happened this week is incredible. It’s like some kind of back alley shakedown.
May 14, 2010 at 2:34 pm
They just took $4,424 from my bank account those bastards! They only gave me 4 weeks between the time I got a notice and the time they took it out. They went back 19 years! I did not file a return cause they owed me so they say they filed for me not even considering my exemptions or anything! We need to get and attorney and have a CLASS ACTION SUIT AGAINST THE COMMONCROOKS OF VIRGINIA!
December 31, 2010 at 3:25 pm
Something like this happened to my son. He didn’t live in Virginia since 2002. In 2006, He moved from San Diego to Washington, Seattle where there is no state tax. For the same reason, he did not file state tax return. On one of the financial accounts he had my VA address. VA tax representative thinks that he lived in VA. I wrote them a letter indicating that he did not live in VA since 2002. Specifically I have included and not to send his letters to my address. Obviously they sent a letter and took 4600.00 from his account. These type issues can be solved by FBI only such as any criminal activity by any one or by a group. My guess is to approach FBI agent in resolving and probing issues. Thanks for all the folks who have presented their situation and status. FBI, please help all.
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May 14, 2010 at 4:33 pm
I can’t believe people are still getting hit with this!!! We may be the only ones who got our money back. To all going through this, get your state representatives on the phone, your congressman, and local news people if you can. The state of Virginia needs to get the message that this is illegal! You would be livid if some random business took your money when you didn’t purchase anything from them. And they couldn’t tell you to prove them wrong! The state of Virginia tax department is clearly run by criminals and needs to be stopped!
May 14, 2010 at 5:00 pm
Just so those who may still read this know, I am contacting as many news sources as I can on Twitter to see if this can’t be brought out to the public. If you have a Twitter account and would like to pass it along, http://tl.gd/1a15jp is the URL. Here’s to hoping the state of Virginia gets shamed.
May 17, 2010 at 12:32 pm
I’m currently in the middle of writing an article for the Digital Journal (http://www.digitaljournal.com/user/667972) regarding the thieving practices of the state of Virginia’s tax department. If you would like your story included, please contact me at rhendricks@web-dev-design.com. Thanks!
June 2, 2010 at 10:29 am
It is my understanding that the state of Va cannot be sued. The only thing I know that could be done is maybe contacting news people. Anyone that does not mind their comment being used, please let me know. I would like to have enough to show just how bad this is. Please contact me at can-do-man@comcast.net VA will continue to do this until enough is done to make them change.
June 29, 2010 at 10:29 pm
Virginia is a commonwealth, which means to take all the common people’s wealth. They do this any way they can. If you don’t have the money that they say you owe them (it doesn’t matter if you have proof), make sure you don’t have relatives living there or they will take their money and apply it to “your debt”. At least in the mafia they give you a better deal.
Virginia gives large corporations millions and millions of tax breaks to move here even if they don’t stay as promised, leaving the common people to get the shakedown for the money the commonwealth gave away. Virginia is not a state, it’s a thief.
October 5, 2010 at 9:44 am
Va is claiming i lived in va and owe them taxes for 97 and i have never lived in d.c. i was in school at american university in d.c. NOWW they have taken my tax return11
sandy
January 1, 2011 at 12:40 pm
A simple suggestion for the above web address including some additional recommendation
It would be ideal to change the web site address indicating as “VA – TAX collection – Abusing the system by Tax collectors/Tax Representatives on innocent citizens and tax payers’
May be you can include the following items as scenario from the above aspect.
The above scenario refers to the following items
1. Tax Representatives not providing required items list from the tax aspect resolution
2. If no taxes are applicable in the state the state are residing, all required information is automatically obtainable by the Tax Representatives/ Tax collectors by reviewing the latest federal tax return which provides current address which will be more accurate
3. It the responsibility of the tax collector to send a copy to the new address as well as to the old address from a courtesy aspect and treating tax payer as a tax payer
4. .Another question would be why VA tax representatives do not collect the taxes with in a year and wait for 5 to 10 years before they can notices. Are they more efficient from this aspect? Or is it a scam activity by the representative so that they keep their jobs showing as income to the VA state government.
5. No one should be against the law, but the implementation of law should be implemented properly. If not implemented correctly it could be considered as part of scam activity.
6. Most of the tax payers do not know VA laws if they are living in another state and they might have provided address from a mailing/communication aspect earlier. There are few attorneys/CPAs that can pursue issues on behalf of innocent tax payer. It also cost hundreds of dollars.
February 4, 2011 at 9:00 pm
Culpeper County garnished my state income tax return and Albermarle County had a judgment entered against me for CONCURRENT periods of time on the same vehicle…My vehicle was NEVER in Culpeper and the assesment in Albermarle is markedly incorrect. Albermarle County served the documents at an erroneous address so I was not present in Court to dispute the charges. This has been a nightmare situation for over one year now. Whatever you do never move to Culpeper County, you will be taxed by both the Town and the County even if you are no longer residing there. The Commissioner of Revenue there is beyond unreasonable and abusive.
February 6, 2011 at 12:22 pm
I’m a non-US citizen and I left US in 2009. A letter on my name came from DCS to my last US address stating that I owe tax of over $6000 for the year, 2007 (despite that I never worked in VA). However, I got my driving license in VA in 2007 and then I moved to TX. When I called VA state dept stating the same, the CSR said that since I didn’t get a TX license after moving to Texas, I need to pay taxes for VA as I failed to establish my residency outside VA for 2007. As I didn’t grow up in US, I never knew that licenses also need to be updated as one moves from one state to another as it’s not the way it works in my country. Though, I don’t have any plans of coming back to US, I don’t want any blemish on my records. Please help.
February 19, 2011 at 9:49 pm
Has anyone found an effective method for dealing with the people at the tax department? They claim I owe Virginia over $9,000 for 2007. When I lived and worked in New Mexico. Apparently, just because my in-laws live in Virginia, I’m obligated to pay income taxes in Virginia. You can’t talk to those people over there. Frustrating to say the least….
April 14, 2011 at 3:14 pm
Dept. of Taxation is not too interested in the facts and don’t care about proving anything; you have to get a state delegate or state senator involved. Contact the representative of your in-laws district (since they are the constituents). Don’t give up; VA counts on people not having records or being intimidated. Keep at it, although try to stay polite (even though you feel like screaming at them).
May 9, 2011 at 9:39 pm
Isn’t there a way we can file a “class action suit” against them?” Is there any lawyer that would take the cases all the way to federal court? Probably not because the feds rarely get involved with state government issues. Thats the problem. The government allows the states to do as they please. They do not care about the fact that we as hard working law abiding citizens get screwed. They are all out for making as much money as they can. Unfortunately for us they get away with it!!!
March 13, 2011 at 4:58 am
hi great article, Thank you!
May 15, 2011 at 1:31 am
Seventeen-year mistake.
Oh, boy, where do I start? VIRGINIA BLOWS BIG ONES!!!!!! An understatement for sure, but it’s a start.
I am a born-and-raised Virginian and what has become of the “Cradle of Liberty,” birthplace of the authors of both the US Declaration of Independence and our Constitution, is beyond a shame. Virginia resembles 1939 Germany, fascist, totalitarian, authoritarian. The place makes me sick.
I graduated from a Virginia University (the namesake for which is the aforementioned author of our Constitution). I grew up very poor in the mountains of western Virginia and was only able to attend college with the help of federal grants and loans (and a bunch of part time jobs). My gratitude to my country for making this possible for me was deep and genuine, thus I chose to accept a commission in the United States Army upon graduation. As luck would have it for a dumb country boy I was ordered to serve in the 25th Infantry Division for three years. The home of the 25th is Hawaii and I enjoyed my three years there immensely, as well as the frequent deployments all over the Pacific and Asia. I loved Hawaii so much that I bought a house there which I kept as an investment property, vowing to one day return to Hawaii for good.
After seven years of active duty and with a growing family I traded defending the American Dream for pursuing it for myself. I had the confidence of a bull elephant and I wanted to own my own business and I set out to do it. After a few years of gaining the education I considered necessary to embark on such an endeavor I found myself back “home” (sarcasm) in Virginia with a budding, start-up construction company. Notwithstanding the (Virginia and local) government’s attempts to lead me around by the nose, my company did well.
I can relay many, many, many stories that prove just how bad Virginia sucks. For the purpose of brevity I will relay only two in this post.
1. In 1999 I had become a millionaire contractor/developer, the president of our local contractors’ association, selected as Builder of the Year, Youth League football coach, and church leader. On one particular Saturday I had an estimate to do in a nearby city and had some free time before the estimate (client postponed) so I grabbed a cup of coffee and browsed the local shops in the meantime. In one particular shop I wanted to try on a pair of pants that I had found. The dressing room was in the rear of this small shop and it amounted to no more than a 5′ x 5′ stall with a curtain which did not close all the way, leaving an open gap of an inch or two on one side. Cognizant of this I placed an item someone left in the stall over the gap so that I could not be seen from outside the stall. I guess it would have been possible for someone to see me from outside the stall but only if they ducked down. At least that’s what I thought. By the way, I was wearing no underwear. I know, I know, gross, but whatever. I never saw anyone, I never did anything inappropriate, I only changed clothes for about a minute or two. When I walked out of the shop I was arrested for indecent exposure. The cop was a real crusader and told me I made him sick. I was read no rights. Apparently a college student looked into my dressing room and told the shop owner who called the police. I never saw this student, that day or before or since or ever. How do you expose yourself to someone you can’t see? In the end I agreed to plead guilty to avoid a public (media) trial. Now I have a criminal record. I have not had a blemish in 56 years of living other than that incident but this 10-second (or whatever) event now defines me. I held a Top Secret security clearance when was in the Army. I will never be able to get another clearance at all. To me it’s like taking a shower in your home and someone is peeking in the window. Then the police knock on your door and arrest you. Virginia is SICK! It doesn’t have a legal code, it has a moral code (think Sharia). What would you expect with morally superior leaders like Pat Robertson and Jerry Falwell?
2. I discovered an opportunity in 2000. A fellow real estate investor called me and told me he had five five-bedroom student rental condos he wanted to sell and wanted to know if I was interested. I said I was, I inspected the properties and crunched the numbers. They were attractive. They cash-flowed and had a two-year waiting list, but I thought he was asking too much, especially since I knew what I could build like units for, which I did. I bought the lot next door and built twelve five-bedroom condos. I built them for $1,200,000 and they appraised for $1,700,000. I had $500,000 equity before the first tenant moved in. They were very popular. We had the units rented completely from the blueprints. However, during the construction phase I pissed off a $15 an hour building inspector who saw to it that we had a zoning problem. We were told that we couldn’t rent to “more than four unrelated persons”. It seems that even though dozens, possibly hundreds of landlords all over town had five, six, seven, eight, and even more unrelated tenants sharing a dwelling, we couldn’t have more than four. When I pointed out the fact that landlords all over town were freely and openly doing the very thing that we were being persecuted for, the “Director of Community Development” told me, “We’re not talking about them, we’re talking about YOU.” In other words, “YOU HAVE BEEN SINGLED OUT, WE AREN’T ASHAMED TO ADMIT IT AND WE WANT YOUR ASS BAD.” Selective Enforcement. Director Ratchet (my pet name for this expressionless bitch) ordered us to evict one student from each apartment to meet conforming standards (swell Nazi phrase). Out of loyalty to our tenants we refused. We (my wife and I) were dragged through the local media. Our attorney (what a loser) advised us to not defend ourselves, just let Director Ratchet abuse us in the media and it would all go away. It didn’t. How could we evict a student for no fault of their own? We refused to do it. More media muddage. My wife was on the verge of a nervous breakdown. Finally, our attorney told us that Director Ratchet had contacted him and said that the city didn’t care one iota if we had more than four students sharing a condo, but the city wanted the money from that extra tenant in each apartment. We were being blackmailed. We were being told that if we wanted the negative press to stop then we must pay the city big money. The price the city had determined was fair was about $20,000, the rents for our fifth bedroom for the year. I wanted to go to the media and defend ourselves and openly expose the local government officials for the parasitic scumbags they were. My wife, however, had had enough and wanted out of the situation no matter what it took. So we capitulated. We gave the city $8,000 (which caused us to miss a mortgage payment) and $1,700 a month for several months. It crushed us. We lost the property as a result of not being able to make up the missed mortgage payment and the negative press (and a ton of legal fees). For the same reason we were unable to leverage the equity in the property to make the problem go away. After we had lost the property and our credit was wrecked and lives virtually ruined our attorney laughed it off as he told us he discovered that the city was only able to legally fine us $1,000. One time. Not $1,000 per day, not $1,000 per apartment, not $1,000 per tenant. Just $1,000 one time. If this sorry F@CK had done his job then we would have survived.
Bottom line….. I concur. Virginia SUCKS!!!!!!!!!!
I have many more stories of just how bad Virginia sucks, but I am back home in my REAL home (Hawaii) now and prefer to think as many positive thoughts as possible and put that sewer (Virginia) in the rear view mirror forever. I really need to write a book about my seventeen-year mistake. I have many other “Virgina Sucks” stories. Anyone considering moving to Virginia, BEWARE!!
Is it a coincidence that Virginia was named for a false virgin?
May 16, 2011 at 9:10 am
Your story is simply another horric example of the total abyss of greed and corruption that is the Commonwealth of Virgina. I hope you are ten times more successful in Hawaii.
September 12, 2011 at 12:36 pm
Thank you for this interesting article.
I learned a lot of things reading you.
In my business experience, I personally try to use templates to sending out professional invoices with my collect letters, it helps get a speedy response back. A really good one I found I’ll throw in at the bottom of my post.
Sarah C.
Collection Letter
October 17, 2011 at 4:12 pm
Hi ,
i also have same problem,in 2007 i was in VA only for 3 months after i moved to california ,i am paying taxes to california all these days , i got letter from DCM all most $12,000 of tax and penalty bill,they are thinking i am in VA all these days, i called to DCM but they are not talking properly , theysaid like if i am not paying they will takemoney from my account directly ,why should i pay that money to them ,i am paying all taxes regularly to california ..what to do ?????
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October 22, 2011 at 3:55 pm
My problems are finally solved. Finally, I got in touch with Kia Holder at the Virginia dept. of taxation. I called my employer from the year of 2006, got a copy of my W-2’s, filled out an AZ tax return form for 2006, and faxed her both the filled out return and the W-2’s. Almost immediately DCS started to call me multiple times a day. I set a custom voicemail message for all the DCS phone numbers, stating that I am more than happy to pay any legitimate debt but that I believed this was not a legitimate debt, was pursuing it with VA and they should stop calling. It didn’t stop them from trying to call, but at least I didn’t have to deal with repeating myself 100 times. After about six to eight months, I recieved a letter from the VA dept of taxation stating that they had recieved and researched my proof and no further action was necessary. I removed my custom message/call block on DCS and they called quite a few times afterwards. Each time, I calmly read them the letter and then told them that if they persisted in calling, I would take legal action pursuant to the fair debt-collections act. After another week or two (the maximum time they are legally able to take to update their databases to remove me from their call-list), DCS stopped calling and I haven’t heard anything since. It’s been about a month, now, and it looks like I’m good to go without having to try to get my State Rep. to flex for me.
December 11, 2011 at 9:21 am
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December 12, 2011 at 6:02 pm
Whoa! I thought I was all alone with this problem! I have lived overseas for the past 11 years and the last time I lived in Virginia was in 1987. Prior to leaving to go to an overseas university in mid-2000, I stayed with my parents in Virginia for about a week, and I also used their address as a forwarding address until I was settled and could then change my details with banks, etc. I lost my US permanent residency since I was out of the country longer than was allowed. I have since remarried and consider NZ home now. This morning out of the blue I received a phone call from a rude woman called Denise from DCS telling me I owed $900 for unpaid taxes in 2000. I filed taxes with Maryland as I lived and worked there, but she didn’t want to hear it. Same response as so many of you have received. I said I wasn’t paying. So, I am wondering since I am now considered a “foreigner” when I go to visit the States, does the collection agency have any way to collect from a non-national? I feel like I’m in a Monty Python movie… Also, the statute of limitiations is it 10 years or 20? or what? She also threatened to garnish my wages and I laughed. I’ve been unemployed for a year…
December 13, 2011 at 2:32 pm
Well, the statute of limitations only applies to people who filed returns with VA and it is three years. If you didn’t file a return with the state of VA for that year (which you and most of us had no reason to do), they only have three years. With no return, they have 20 years until it drops off of the books, but that is an administrative policy, not a legal statute. As far as being a foreigner, how are they gonna garnish your wages in NZ, even if you did work? If you DO ever want to come back to the states to visit, you should definitely get this taken care of. It’s not that they can collect, rather you may be denied entry…and sometimes they wait until you’re already at a states-side international airport. As far as how to fix it, call the VA dept of taxation and then FAX your 2000 MD tax returns if you still have them. If not, things are a little more difficult. You will have to see if your old employer still has your W2s from 2000, have them send you a copy, and fill out a 2000 MD tax form (found on he MD dept. of taxation’s web site) and FAX it to VA. They have no real way of knowing the difference between one you just filled out or a copy you kept, just so the earnings match…I never filed for my return in AZ for the year in question in my case because they owed me and at the time I didn’t think the $50 was worth the time and wait. If your employer doesn’t have a copy, you can try calling the IRS and get a transcript of your federal tax for that year and estimate what you payed MD to fill out the tax form. Fax that to VA. I’m not sure if they’ll accept the return without W2’s as proof MD had the money at one point or another, but it’s worth a try. Regardless, they’ll revue your evidence and, at least if it’s like my case, they’ll drop it. This has happened to so many people and for a while, they were SO picky about what evidence they’d accept, they’ve come under some pretty heavy fire from other state reps to resolve these issues as quickly/painlessly as possible and lightened up a little bit. A while ago, I had a friend who sent in actual copies of returns, W2’s and the refund check he got from Colorado and they STILl kept after him. He had to pester the hell out of his state representative to get him to take care of it. You’re a NZ citizen, so you probably don’t have that option, necessarily. Well, good luck and let us know what happens
December 13, 2011 at 3:33 pm
Thanks so much for your response. While I live here in New Zealand, all my immediate family live in the States, so I do go back about every year for a visit. Hmm. It will prove interesting to see what happens next time 🙂 I have contacted the Virginia tax department and am waiting for a response. Luckily, I still have my tax returns for 1999 and 2000, so fingers crossed they’ll accept them!
While I admit I’m pissed off about Virginia saying I owe them money, what really galls me is the attitude of the collection agency. How can these people live with themselves? I’m not a criminal, yet she treated me as if I absconded from the country with 9 million dollars and not 9 hundred! If my hand could have reached through the receiver, I would have throttled her.
Anyway thanks again! Much appreciated and I will keep you informed of my “progress”.
January 28, 2012 at 11:50 pm
I just got a letter today as well as most of you for just over $600. My tax period was 2002 but, I was never in VA in 2002 so what gives??? I was in the NAVY from 2001 – 2005 as a GA resident on my DD-214 during and after my enlistment. My orders to Norfolk Va stated my arrival date November 2003 even then I lived on base but, bought a truck while in VA ( also tagged in Va ) in 2005 before moving back to GA. Since then I have moved to many different states while in the ARMY but, have only paid GA state tax. A collections agency put a mark on my credit report which I had removed by dispute. The collections show no proof of my residency in VA ever. I wonder if any other states will try to coax money from me? The letters seem to find me every 2 years or so only this time they are threat to take money from a bank account that I closed a few yeas ago. I wounder how they keep finding my address or how long this will go on. I currently have all documents stating my tax returns to GA and my DD-214 for the year of 2002. I wonder, if they do garnish my wadges could file a C-A-L against the commonwealth of VA
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February 27, 2012 at 8:05 pm
I received a bill for $2k+ for taxes owed to the state of VA for 2008. I lived in MA at the time and had paid taxes to them. Despite having faxed a copy of my tax return, twice, they still are trying to get me to pay the bill. They’ve already froze my bank account and taken $150 from the account.
This really sucks, I hate Virginia.
March 2, 2012 at 5:40 am
I am late to the party but understand the frustration. The departmen of taxation in Virginia has no soul and they tell lies. They provide no transparency and act arbitrarily. The investment banks are nothing compared to this agency which is supposed to work on behalf of the residents. After reading comments here I am now worried how long the state will bill me for my car which is already sold and I am no longer a resident of the state. I also wonder if there is a secret tax they will now claim from me now that I have left the state. I paid as much in taxes for my car and its inspection as insurance. They adjusted my tax returns assessments without informing me, they lost part of my returns and slapped excess dues for no fault of mine, they did not automatically withdraw amount from my account and then they slapped a 30% penalty arbitrarily. They have an engine of agents and online agents helping them perpetrate these crimes against residents who work hard for a living just so the state can run its own economy and run its profiteering racket.
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May 17, 2012 at 9:52 am
The Virginia Department of Taxation hit my bank account for $1600 and put a lien for that amount. They basically put me at a negative balance. Luckily I had proof that the debt was not correct and I never even lived in VA. MY address was in VA for a routing mail because I was on tour with a show. I was never contacted, I’ve never made any attempt to hide and you could probably find my address with a simple web search.
Now, I have gotten my money back already – except for $100 in “Legal Fees” which they said my bank charged me. I am working on this right now. It only took about 24 hours. I had all my proof, I don’t throw away anything.
Ok. What is the legal recourse? They had to violate my rights in order to make a mistake of this magnitude and it has happened to a lot of people. I want compensated for the $50/hour I lost because I had to cancel a client in order to deal with the problem. Not only did I have to jump through the hoops – I lost money because of their mistake. I intend to complain but I also want to know what my rights really are in a situation like this. Can you take a state agency to small claims from a different state?
June 20, 2012 at 4:08 pm
I just received a call today saying that I owe almost $1500 in back taxes (income taxes). I work for a company based in Florida and spend most of my time on the open water or in another country completely. Every payday is in international waters. I don’t understand how I can owe income tax to Virginia for money made outside the US and payed by a company based in Florida. Would they pay me unemployment based on this job?
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October 23, 2012 at 1:13 pm
My now ex-wife and I moved from VA in Nov. 2006. The Commonwealth recently attempted to seize $840 from my checking account without notice for personal property taxes on two vehicles that we had. The problem is that the tax years are 2007-2008 after we moved. When I called to inform them that I wasn’t in VA at that time they demanded proof of registration from the state I moved to (AZ). I told them that I have lived in several states and never had to do such a thing but that I would jump through their hoops to try to solve this. I called AZ MVD and was told by them that they don’t keep old registration info. Once you renew the old info is purged. I called VA back (Fauquier Co.) and they said that they would then use the date that the tabs expired to determine taxes. This reduced the bill by about $400 but one problem. The regstration date that they have for one vehicle is Jan 31,2008 which is over a year after we moved. How could we have renewed our tabs in jan ’07 if we weren’t even in state. The people I talked to aren’t even interested in getting it right just getting the money! I called AZ back and asked if they had any record of when the vehicles were originally titled in AZ. They said that I would have to do a title search and pay the fee for that. This is crazy. Someone in VA please start a lawsuit and count me in!
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February 23, 2013 at 11:39 am
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February 23, 2013 at 8:50 am
Sue them under Federal law for violating your civil rights. The stories above generally describe intentional misconduct on the part of State and local employees, and they can be sued personally for their intentional misconduct. There are a lot of civil rights law firms that handle claims made by prison inmates. Let’s give the civil rights lawyers some valid claims for a change and bring justice to the department of revenue employees!
Successfully suing for civil rights violations carries awards of attorneys fees, so the civil rights lawyers WILL handle small cases. That’s why they represent the prison inmates, who generally can’t claim substantial damages.
April 11, 2013 at 3:18 pm
Virginia does indeed suck! A lien was put on my checking account yesterday for VA peronal property taxes I supposedly owed for 08, 09, 10, 11 and 12 on a vehicle. We sold our home in VA, moved to another state in Aug. 08, register vehicles and bought a house in that different state, paid all of our taxes. Since then have moved to another state, bought a house registered vehicles here. Didn’t live in VA after Aug 08 but somehow I owe these personal property taxes.
I never received a notice from VA, until yesterday I get a letter from TACS stating I owe tax with no description of said tax and a lien was put on my bank account!!!! I called the TACS office to inquire and was refered to the tax office where I used to live. After jumping through hoops to prove I did not owe all of these taxes because I DID NOT LIVE IN VIRGINIA,I won’t contest the 08 tax because I lived there for 8 months and will pay unfortunately for 12 but still have to pay late fees AND the charge to TACS because “they could not find me” . Suggestion-how about rhe tax office make a 5 minute phone call to the Department of Motor Vehicles to track the VIN to see where it is registered and obtain the address? How difficult is it to find someone? So my bank account is frozen with a lien for money I do NOT owe. I cannot pay the mortgage with this lien for a ridiculous amount I do not owe freezing my account. I live on a survivor pension as my husband passed away and I don’t think it is even legal to put a lien on funds that fall into this catagory. My head is still spinning from this horror.
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January 3, 2014 at 8:17 pm
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May 9, 2015 at 11:50 pm
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October 18, 2014 at 12:32 pm
I moved back to Va. from Fla. June this year. Va. DMV extorted 500.00 from me to issue my drivers license. After having Progressive send proof of ins.for period questioned by DMV and Va. not accepting it I was required to have Progressive resend proof with a letter signed and dated. Then 10/16/2014 received letter from Va. dept of tax stating they were keeping my 500.00 and that I owe 2156.16 more for individual income tax period in 1988 …that’s 26 years ago ! I was raised in this state and have moved away numerous times because the treatment received here. Now I am on Social Security with a terminal disease requiring a lung transplant so having 30 days to reply to their demands and contacting my state representative to help will be more fun than i expected to be having in my time of need. Searching the net shows that corporations can sue the state, why can’t we??? Thanks Virginia
October 18, 2014 at 12:57 pm
Here is the “legal ease” lawyer talk mumbo jumbo that is listed on the web about supposed statute of limitations for over due taxes in Virginia.
Code of Virginia
Table of Contents » Title 58.1. Taxation » Chapter 18. Enforcement, Collection, Refund, Remedies and Review of State Taxes » § 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty
Section
Print
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§ 58.1-1802.1. Period of limitations on collection; accrual of interest and penalty.
A. Where the assessment of any tax imposed by this subtitle has been made within the period of limitation properly applicable thereto, such tax may be collected by levy, by a proceeding in court, or by any other means available to the Tax Commissioner under the laws of the Commonwealth, but only if such collection effort is made or instituted within seven years from the date of the assessment of such tax. Prior to the expiration of any period for collection, the period may be extended by a written agreement between the Tax Commissioner and the taxpayer, and subsequent written agreements may likewise extend the period previously agreed upon. The period of limitations provided in this subsection during which a tax may be collected shall not apply to executions, levy or other actions to enforce a lien created before the expiration of the period of limitations by the docketing of a judgment or the filing of a memorandum of lien pursuant to § 58.1-1805; nor shall the period of limitations apply to the provisions of §§ 8.01-251 and 8.01-458.
B. The running of the period of limitations on collection shall be suspended for the period the assets of the taxpayer are in the control or custody of any state or federal court, including the United States Bankruptcy Court, or for the period during which a taxpayer is outside the Commonwealth if such period of absence is for a continuous period of at least six months.
C. If the Department of Taxation has no contact with the delinquent taxpayer for a period of six years and no memorandum of lien has been appropriately filed in a jurisdiction in which such taxpayer owns real estate, interest and penalty shall no longer be added to the delinquent tax liability. The mailing of notices by the Department to the taxpayer’s last known address shall constitute contact with the taxpayer.
D. For purposes of this section, the “last known address” of the taxpayer means the address shown on the most recent return filed by or on behalf of the taxpayer or the address provided in correspondence by or on behalf of the taxpayer indicating that it is a change of the taxpayer’s address.
1990, c. 659; 2010, c. 30; 2012, c. 840.
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February 26, 2015 at 5:21 pm
Beware of the Dept. of Taxation’s calculatedly deceptive demand letter that is sent out for wage garnishments. It is designed to take advantage of the ignorance of payroll processors (typically out-of-state) and deprive the taxpayer of their statutory right to 14 days to contest the demand or plead a case of hardship (see Code of Va. Sec. 58.1-1845 – VA Taxpayer Bill of Rights). It is designed to highlight the fact that it applies to 100% of wages as soon as they are available! Meaning that if the notice hits the payroll company at just the “wrong” time and they don’t understand the convoluted VA laws (by the way, this is one of the most horribly written section of the Code of VA I have ever read and I ma a VA attorney) and immediately fixate on what is purposefully highlighted and dock it all immediately, if there, well before the 14 days period has elapsed effectively depriving of your rights to contest/petition hardship. No mention of the statutory period just immediacy and buried in the regular text is a one sentence reference to the rights to a hardship exemption. They are out to get their money however they can and quickly as they can regardless of the LAW. And if the timing works out against you the damage is done before you can act. The Code also provide the taxpayer the right to an “Advocate” – this is a sham. In this case its like the prisoner who is condemned to death getting his appeal hearing after he has been executed. You can only contact the “Advocate” via a letter to a PO box! Yes…quite helpful with this calculated and unscrupulous scheme. I suppose I might get an apology, if anything, weeks after the irreparable damage has been done saying they work hard to make sure this sort of thing doesn’t happen. You call the folks at the Department of Taxation and they are clueless. They struggle to even understand your clearly presented case and just apologize repeatedly and say that you can write to them about your issue. No answers to be had at all…just a runaround. Absolutely shameful behavior. I already have meetings in the works with my local representatives and I am taking this to Richmond. I will see to it that this deplorable practice ceases! Just an astonishing disregard for the law!
July 25, 2015 at 6:06 pm
I moved to Florida, lock stock and barrel in 2014. I had my county personal property taxes, prorated, with copies of the new Florida titles of the vehicles in question sent to the Virginia county I was living in, whereas they prorated my vehicle taxes to the 2014 point, that I moved out of Virginia. Here, its now 2015, and I receive a overdue notice, on the same vehicles for 2015.
So, I will probably have to prove all over again, that these vehicles were retitled in 2014, which is a joke, but I see on their tax bill, that they charged the states car tax relief fund for my vehicles in 2015. Which has me suspicious that they are doing this nonsense to grab at the car tax relief money fraudulently. I would love to know, where I can report this mistake, so this county has to repay the car tax relief fund to the state.
Of course the county is Isle of Wight….You know, the one that has officials being indicted for fraud, like, the once head of the school board, and is being sued by the local paper mill for over 2 million in tax over charges. Greed and Depravity in local government over money…….
Virginia is for Lovers…….unless of course you live there………then you start hating……….
October 25, 2015 at 9:05 pm
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March 3, 2016 at 1:42 pm
My wife is active duty usaf, we are stationed here in VA. I was applying to the local PD and was required to get a VA driver’s license, so I did. I was medically disqualified at the end of the process, months later. Now my vehicle, motorcycle, registration expired from my previous residency in AK. I could not reregister because i had the VA license so I could get a job that I am medically ineligible for. So I registered in VA; now I have to pay a PERSONAL PROPERTY tax on the motorcycle of the 2015 year.
I went back and forth with the VA treasurers for months. I should be eligible for tax exemption as my wife is active duty. However they are claiming I cannot say exempt due to my wife having a different residency than myself (result of pcs before married and being sent to different states, etc etc).
They say I should be tax exempt, yet are holding on to a small clause that our marriage is irrelevant but to different state residency. They are nit picking and bullshitting me, acting as if I have no standing while saying they support military and families with the other hand. It’s absurd. Either give active duty spouses exemption or don’t.
It doesn’t matter that I also fall under their unique exception clause for the sake that I only got a license to serve their community in the first place. They don’t care. In the meantime, they’re tacking on late fees even though theres a clear record of the legal office and myself trying to comply with their bullshit.
“Just go register in the same domicile state as your wife…” They conveniently told me this only after 2015 was over and entering 2016. I went back and they just said, well you registered to vote in 2016, not 2015. Well fuck you VA, you could have told me this months ago. So I said I was previously registered to vote in AK, but they didn’t care as my wife voted in a different state. I guess that means I’m not married to her or something.
I’m not trying to go all ‘dependa,’ but this is bullshit. I am by all means tax exempt as an active duty member’s spouse. They just blamed congress and are now threatening to lien on my income(good luck, I’m not employeed because of bs medical reasons anyways).
Now they are charging me with an additional drivers license fee of $24. I already paid a fee when getting the license, so wtf. How is this not double taxation? Well I asked this, and the Treasurer just said because they’re separate governments charging the tax, but it isn’t.
Sales tax buying a vehicle, then personal property tax (state and local) for possessing it, then taxes on gas/tolls/etc., multiple misc registration and license ‘fees,’ and then again in October they give out more fees.
FUCK YOU VIRGINIA
March 3, 2016 at 1:46 pm
Please excuse typos and grammatical errors…ranting.
“that our marriage is irrelevant DUE to a different state domicile.”
March 19, 2016 at 9:52 pm
This is the second year where I was due a tax refund and the Commonwealth took more than 3/4 of it with no explanation. The first time, I sent correspondence asking for a reason but never received a response. Now here I am again where they took over ×500. with no explanation. My car tax was paid through the car leasing company and I paid them, so it’s not that. I sent the tax commissioner, Craig Burns an email at 10pm on a Saturday and he responded within minutes (not an automated response). If there’s something I owe at least have the decency to tell me. Don’t steal money from me and never provide an explanation. Thieves.
August 25, 2016 at 2:54 pm
My client in another state just received a collection letter in August 2016 for the court costs of a speeding ticket case that was closed in 2008. The mere cost of time and money it would require for the Dept. of Taxation to collect the debt and or levy a bank account in another state for less than $450 seems like poor business practice and a waste of taxpayer money. Is there no statute of limitations regarding a traffic court to collect fees?
November 21, 2016 at 8:41 pm
I live in Maryland and have for many years. Over the last 5 years or so I too have received mail and calls from DCS and United Consumers about Virginia Tax debt from many years ago during a time frame when I did not live there. As far as I know, no liens have ever been recorded against me for this. Virginia Code 58.1-313.B states:
“A memorandum of lien may be filed for delinquent income taxes assessed by the Department only within six years after an assessment.”
Because of this I have not been too concerned. However, in several places in the above blog this section of Virginia law has apparently been violated.
What am I overlooking?
March 29, 2017 at 11:56 am
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June 2, 2017 at 5:33 pm
I must say that I’m inclined to agree…After living in Virginia since 1992, and now living on another state, they are trying to hit me up for annual personal property taxes for 2 older vehicles..Must I remind Warren County the so called sacred sticker is worthless to me now…I am not about to drive over 150 miles to dump my garbage …Hello people!! What were you thinking when you came up with this debacle????? Greed is the bottom line here…No doubt…Glad I am gone, and not planning to go back
February 17, 2019 at 3:49 pm
Va is screw up I sold all my vehicles , this is what is going to happen to you .. you will receive a bill on your personal property tax. that means everything that is registered in va . you will get a bill for. Cars. Boat. Cars. Anything that has a value no matter what it is ……. Forever and ever. don’t matter what it is …you will receive a bill for what is worth …. The state says if you bought it you will pay forever…… that is the communists way the state works………….so will continue to pay until you will have to sell or go bankrupt………….if you don’t believe me ..wait and see me in 10 to 20 years. Plus a registration fee every year , and inspection every year ……why do you register a vehicle that is not sold …why registered a vehicle that you have for long time … why registere a vehicle….. that is another way they can ripp you off , of your money …….. if you don’t believe what I am saying wait and see , when you get old and , and you have a house . Cars . Assets ..And the state will not help you because, you are where a responsible person. The state says you , can’t have many assets if you want help. ….,.
February 17, 2019 at 7:44 pm
I receive personal property tax for a vehicle that I sold almost two years ago , and then I had to get info and copy of title that it’s was not in va . And provide proof that I did not have vehicle, the question I have how come the dmv don’t communicate with city when vehicle is sold or registered in another state????
June 7, 2019 at 8:30 am
I agree this is an unfair and total greed tax. I feel for us low income individuals who are stuck with it. I’ll eventually leave VA and go to a state with no car tax.
No wonder you don’t see too many new car dealerships around in Augusta County, people can’t afford it.
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