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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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Comptroller took $4,925 out of bank acct. today w/out notice

Resolved Question:

Set up a business painting wine glasses--did NOT realize I needed to file any paper work with Texas Comptroller--I work out of my home making very little money--I was contacted in March about me in violation for not filing paper work each month--call me naive--had no idea I had to do so--told me I owed over $4000--I told them I probably have not made even $200 clear--they told me to file some paper work--I did not with my work and busyness--today they took over $4,925 out of my bank account and savings--they stripped me of all/any money I had to live on. I am a small town hard-working young teacher trying to make ends meet--how can they do this--I am now overdrawn by thousands of dollars and all my automatic payments will be taken out within the next two days - which will result in overdraft fees +++. What do I do???

Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Could please describe how you set up you business? Which papers the comptroller's office claimed you were not filing?

Customer:

Thank You!!! They said I was not claiming Sales Tax Reports each quarter.

BizIPEsq. :

The problem is that it appears since you have not addressed the matter you have a default judgment and they acted upon the default judgment and levied your account

BizIPEsq. :

it is not easy to undo a default judgment

Customer:

I had a booth in a craft show last October 2012. In order to be in the show I had to have a tax id. I paid $5 and received a tax id number. End of story. Never used sales tax on anything. I paint wine glasses here and there for friends and family - NOTHING big. $20 a glass. Maybe have sold 10-15 since last August. I set up a Facebook for the business and a website. www.kbskloset.com

Customer:

But I didn't know I had to do any of this until a couple weeks ago when I spoke to someone over the phone regarding a piece of paper I found on my porch that had been delivered in March.

Customer:

I didn't even know there was a matter!?

BizIPEsq. :

Unfortunately not knowing is never a defense. The state of Texas should probably do a better job of educating new business owners but they don't and unfortunately legally they don't have to. The issue is that the Texas did not know that your business/hobby was/is not bringing a lot of income and they assessed $4000 based on their estimates. Since you have not responded to their estimates (you should have responded and corrected their estimates by filing the correct sales figure) they most likely entered a default judgment against you and were able to levy your bank account.

BizIPEsq. :

did they actually take the $4k out or did they just freeze the account?

Customer:

No they took out $4,925.78... between my checking and savings.

Customer:

They lady two weeks ago told me there were forms I could fill out, and since this was my "first offense" they could wave the fees but I'd still have to pay the penalty

BizIPEsq. :

Your best bet at this point (short of hiring an attorney) is to contact them directly and try and straighten this out. Their number is XXXXX Ask to speak with the person who was assigned to your case. If no one has been assigned to your case you'

BizIPEsq. :

you'll need to explain what had happened and that you just sold a couple of hundred dollars worth of goods.

BizIPEsq. :

just read your reply

BizIPEsq. :

if you know the name of the lady you spoke with then need to call her back and tell her what had happened

Customer:

Do you suggest hiring an attorney if after I call them they say there's nothing I can do?

Customer:

I don't :( She was awful and rude, and I got off the phone as soon as I could with her.

BizIPEsq. :

don't hire an attorney just yet. The deed is done so try to fix it yourself before spending more money. If the lady was rude then definitely start the process of calling again and hopefully you will get to another person

Customer:

Have you ever dealt with an issue such as this? What do you think my chances are?

BizIPEsq. :

if the person you end up speaking to cannot help it is because sometimes they don't have the authority so nicely ask to speak with a supervisor who may have the authority

Customer:

Okay.

Customer:

THANK YOU

BizIPEsq. :

as noted once you have a default judgment it's difficult to get the money back. In their mind you has your opportunity to address the matter and you would have to present extraordinary circumstances of why you could not address the issue (illness, emergency family situation etc.)

BizIPEsq. :

simply saying that you did not know likely will not get you anywhere

Customer:

great

BizIPEsq. :

if after working the system from the inside on your own you cannot get them to refund the money then seek a consultation with a local business attorney

BizIPEsq. :

thank you for allowing me to assist you

Customer:

Okay, thank you!

BizIPEsq. :

please rate my question using the rate button

BizIPEsq. :

without your rating I do not get compensated for my work

Customer:

Sure thing!

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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