What do You Think About This?

[Changingmantra]

I have a NYS paid tax judgment - on money I never owed the state.  Really, I never owed them this money, BUT it was an estimated assessment they made from my Fed In. Tax return.   I HATE dealing with taxes, even when I do not OWE - which I never do, as I claim 0.  I hate doing returns - PERIOD - refund or not.  I have had too much tax drama - the whole thing gives me anxiety!

The thing is since I hate doing them, I sometimes do not BOTHER doing them.  Well, in this case 2009, I actually DID my NYS return and was due a refund > $600.  Problem was, in 2009 , there was a Turbo tax glitch when it came to submitting taxes online.  While I submitted my Feds, I could not, and then forgot to submit  the NYS return.  I needed to mail it in.

There my return sat for 2 years -    Anyway, in 2011, I started getting tax bill for over $600.  I called NYS Dept. Of Taxation and Finance, and I told the guy that the return was done, but I forgot to submit it.   He said he would give me a couple of months, to mail it in, but it might have been before those two months were up, I already had a judgment, which appeared only AFTER NYS went into my bank account and helped themselves to > $800.

I am still dealing with those same darn taxes.  And YES - I know all of this mess is due to my not filing on time.  In any event,  I sent the return in months ago, and they just got back to me to say that I owed only $200 +, but with interest, it is now over $400.   I have to redo them because I forgot to submit the form I needed showing that I paid nearly $9,000 in grad tuition that year, and so they did not allow my requested tax credit.  The guy I spoke to thinks I am due even more than the $600 I was seeking in refund.  And, yes, I do know that the stat of limitations have run out on recouping that money.

I just want to know if, since I never really owed the money AND it is definitely paid, do you think I can have this judgment vacated once all of dollars and cents are balanced correctly?

[Shogun]

I don't know alot about tax liens, I've not had one, but once everything is settled, I'd contact them and see if it could be vacated.  It's worth a try.

[Changingmantra]

True.  Thanks!

[RobertEG]

If, after all the smoke clears, the judgment is not vacated based on notification to the court that the adjudged debt was in error, you could file your own motion to vacate and get all the facts before a judge.  Only the judge can rule to vacate their judgment.

[newmomnewme]

I'm dealing with the same thing...MD 2006; they filed for me, filed a judgement $3600!!! I saw it, filed and I owed $80....$420 with interest and penalties. I paid it and they released it. They said they don't withdraw the lien unless they made an error. I'm not going to give up...GW letters and phone calls every week until its gone!!! Good luck

[Changingmantra]

I am here just going over the paperwork including my Turbo Tax documents

Turbo Tax forms from  4/2010 states - due a NYS refund of $655

On 12/24/11 - I got a notice that NYS withdrew $811 from my account - Merry Christmas to me!

Credit report says - Judgment on 10/4/11

I Finally file earlier this year - and two months later I got a notice saying I owe $299 in taxes $100 late file fee $84.78 in interest = $483.78

I called and spoke with someone who said I needed to include an IT 272 form.  He suggested I file and amendment to my taxes, but I just found the copy of everything I sent in, and the IT 272 form WAS included.  What I might not have included was the 1098-T form showing the tuition I paid.  I am calling back tomorrow to see what all I really need to submit.

It just occurred to me that NYS now owes me the money it witthdrew from my account on 12/24/11.  I hope this does not turn into a long and ugly battle.   I REALLY REALLY REALLY hate dealing with taxes.  When I did these 2009 taxes, I had just gotten caught up after years of not doing them.  Then I ran into this glitch with Turbo tax - and forgot all about this.  

But now, trying to get my finances in order.  BK just fell off, and I have 3 years of taxes to file - where I am due a refund for each year- and paperwork to file to get some back pay my job owes me - as well as deal with another judgment that looks like could be vacated.  It all all sounds great, but doing the leg work does drain me emotionally.  I will see what they say tomorrow.  I really need all the money owed to me!

[Changingmantra]

---

@RobertEG wrote:

If, after all the smoke clears, the judgment is not vacated based on notification to the court that the adjudged debt was in error, you could file your own motion to vacate and get all the facts before a judge.  Only the judge can rule to vacate their judgment.

---

Good point Robert - Because based on what I realized today - the adjudged debt is in error, and THEY owe ME a refund of that money.

[Changingmantra]

Did they ever take the $3600?  If so, did you get it back?

---

@newmomnewme wrote:
I'm dealing with the same thing...MD 2006; they filed for me, filed a judgement $3600!!! I saw it, filed and I owed $80....$420 with interest and penalties. I paid it and they released it. They said they don't withdraw the lien unless they made an error. I'm not going to give up...GW letters and phone calls every week until its gone!!! Good luck

---

[newmomnewme]

---

@Changingmantra wrote:

Did they ever take the $3600?  If so, did you get it back?

---

@newmomnewme wrote:
I'm dealing with the same thing...MD 2006; they filed for me, filed a judgement $3600!!! I saw it, filed and I owed $80....$420 with interest and penalties. I paid it and they released it. They said they don't withdraw the lien unless they made an error. I'm not going to give up...GW letters and phone calls every week until its gone!!! Good luck

---

---

They never took the money, they just filed the judgement for $3600. NYS definately owes YOU money...unless they were saying you owed $$ on top of what they already took. MD told me that the original lien was NOT an error on their part, because I actually ended up owing. The rep I spoke to said  that if I didn't have a balance when I filed, they would have released it. I wish I would have known that....I wouldn't have rushed to send the return into them....I would have taken time to find another $80 in deductions!!!! I think I need to give the supervisor of the department a call. 

BTW, the lien hasn't even been updated as paid or satisfied on any of my tax returns!!! Yikes!!