Received a Demand Letter

[jacko]

My HOA law firm sent me a demand judgment letter demanding that I disclose my personal finances with in 10 days. The letter was sent through snail mail.

In big bold lettering has a warning statement that if I don't comply, they may ask the court to hold me in 'civil contempt of court'.

I will be moving out of state next week and have rented a local PO Box for one year for mail forward. Will have a friend to check every so often.

The state revenue dept has levied my checking account for back taxes. Its frozen, no bigee since I proactively kept very little in it in case. Can state income tax debt be discharged in a BK?

The trade in value of my vehicle matches the state exemption.

Also, in the demand letter on my district court form letter in big bold letters is a notice:

THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

I also received a demand letter from Capital One which I responded. But they obviously never received it because my checking acct was never seized.

So there must be a added expense to get the Court to have me comply.

I will take the risk and ignore the demand letter.

[GoingDown]

Try to look at this from the point of view of a judge.

The demand letter was sent by regular snail mail. In the EXTREMELY unlikely event that this matter ever came before a judge, you could simply say you never received the demand letter, and the law firm could never prove to the court that you did receive the letter. In order to win in court, they would have to prove that you received the letter. So, don't worry about that.

My guess is that this was simply another debt collector ploy to get you to reveal your income sources and assets to them. They were simply gathering information to use against you.

I would not respond to anything sent by regular mail.

Yes, all taxes are dischargable. There may be a waiting period.

[AngelinaCatHub]

Try to look at this from the point of view of a judge.

The demand letter was sent by regular snail mail. In the EXTREMELY unlikely event that this matter ever came before a judge, you could simply say you never received the demand letter, and the law firm could never prove to the court that you did receive the letter. In order to win in court, they would have to prove that you received the letter. So, don't worry about that.

My guess is that this was simply another debt collector ploy to get you to reveal your income sources and assets to them. They were simply gathering information to use against you.

I would not respond to anything sent by regular mail.

Yes, all taxes are dischargable. There may be a waiting period. Not so.

For the most part, I agree. Any disclaimer that says this is a letter to collect, Stit Can it. It means nothing. Now, you do have Judgments? Without a Judgment NO ACCOUNT can be seized or garnished.

Student loans, fines, taxes, are not discharged. 'Hub

[GoingDown]

While I will admit that I personally have no experience with the discharge of taxes, I do know others who had them discharged in Arizona BK courts. There was the matter of filing the return and waiting 3 years after the return was filed before filing BK, but at that point, supposedly, the taxes, fines, and penalties were discharged in bankruptcy. There is supposedly a statute of limitations on taxes, fines, and penalties.

Now it is possible that the persons who told me this were wrong or that they were lying, so I honestly don't know.

If I were the original poster, I would consult a BK attorney in their area to find out for sure.

As for student loans, they are only dischargable when there is some sort of disability or death.

[AngelinaCatHub]

While I will admit that I personally have no experience with the discharge of taxes, I do know others who had them discharged in Arizona BK courts. There was the matter of filing the return and waiting 3 years after the return was filed before filing BK, but at that point, supposedly, the taxes, fines, and penalties were discharged in bankruptcy. There is supposedly a statute of limitations on taxes, fines, and penalties.

Now it is possible that the persons who told me this were wrong or that they were lying, so I honestly don't know.

If I were the original poster, I would consult a BK attorney in their area to find out for sure.

As for student loans, they are only dischargable when there is some sort of disability or death.

Oh yes. In that case, you are correct. There is a S.O.L. on that. I missed by a month. 'Hub