10-13-2012 07:36 AM
Hello all. I have a question. I had my taxes filed in jan 2012 and i paid the accountant (cash, which i know was a bad idea) and I cant find my paperwork. He was fired shortly after but my taxes were completed and taken care of. I am now getting a bill from the tax company saying I didnt pay for the service (this is 9 months later) and that they are seeking 100 dollars for the service and an additonal 600 for the collections fee.
Is this legal? I never got a bill.
10-13-2012 07:43 AM
10-13-2012 09:01 AM
Booner he said he paid cash for the service, hence no copy of any check. I would DV them and state that the service was paid for at the time it was done. You paid their employee at the time and you are under no obligation to pay any further fees. If you have access to legal, have them send the letter.
10-13-2012 09:23 AM
"Cash" as in currency? WOW.
You need to find your receipt marked paid. And like every other receipt that you pay with cash that isn't for a trivial purchase like lunch, I would make sure you still know where it is 30 years from now.
If you don't have the receipt, you may have to pay for the service. I doubt there is any legal basis for them to try to collect $600 for collection fees. What does your service contract with them say?
10-13-2012 02:31 PM
If I read the post correctly, the bill was sent by the OC, who is attempting to collect on the debt owed to them.
If that is the case, they are not a debt collector, and thus not subject to the FDCPA. So I dont see a DV as appropriate.
Since they have apparently not reported to a CRA, the issue is not addressable by way of a dispute of accuracy under the FCRA.
Their prior servies were apparently billed at some point, so it appears notice of the debt was provided.
Their call is advisement that they dont consider the debt as being satisfied, so their call is now effectively a billing notice. Yes, they should have sent paper documentation, but I dont see that as a major issue.
Thus, I see the current means of addressing their attempt to collect on a non-existent debt as being by way of civil action. The courts have the authority to compel production of facts by both parties, and determine if the debt was paid. I would consult an attorney.