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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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I earned about $1800 working a paid internship for the City

Customer Question

I earned about $1800 working a paid internship for the City of Philadelphia in 2005. I was an "independent contractor" and so it was my responsiblity to pay the applicable taxes on the money. I declared this money on my federal taxes and paid what was due. I attempted to do the same with the City, however have not been able to obtain clear answers as to what forms I needed to fill out and what moneys I owed. I have records of paying the City $123 in taxes on this money and $75 in late fees. I have been attempting to resolve this for quite some time and have never had any intention of avoiding my responsibilities as a taxpayer. Today I received a "Notice of Judgement and Fine" stating I now owe the City $5082. Is it legal to have had judgement passed down in a hearing (12/23/08) that I was not invited to? I should have resolved this long ago, but in my opinion, the City tax policy is labrynthine and the city workers I spoke with along the way were not in the least helpful.
Submitted: 7 years ago.
Category: Legal
Expert:  legaleagle replied 7 years ago.
No it is not legal for a court to issue a judgment if you were not given notice of the hearing. You need to file a motion to vacate and show that you did not appear because you never recieved notice, then a new hearing date will be set.
Customer: replied 7 years ago.
What is a motion to vacate? How would I file that? And is that really my only recourse, or should I try to reconcile this through the Department of Revenue first?
Expert:  legaleagle replied 7 years ago.
A motion to vacate is filed to ask that the judgment against you be vacated so that it is not something that can be used to pursue you. Then that will give you the time to get some sort of settlement with the Dept of Revenue. Once they have a judgment they have no incentive to work with you at all. To file this you draft your motion and file with the court that issued the judgment and a copy to the other party, keep a copy for yourself.