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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1055
Experience:  Attorney-at-Law
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California Income Tax: They seized money for fees and INTEREST

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California Income Tax: They seized money for fees and INTEREST (not taxes). They never told me they thought I owed them anything (no communication from them on ANY topic in 15 YEARS)!

I have no documentation on any of this. I don't have any of my financial records from so long ago, and they (CA) said I would have to pay $20 to get a copy of the supposedly unfiled or filed-late return.

How can I fight them? Is it really legal for them to (1) unilaterally decide they want money from me and (2) never tell me and (3) run up a bill for $1K+ in interest by waiting almost 17 years and (4) take money from my bank account? WhT about the 4th Amendment? I was deprived of my property (money) without due process of law!

They say I did not file a state income tax return in 1996. I thought I filed it late. In any case, I was working a regular job and having my taxes deducted. Also, CA says they withheld my 1998 refund to pay for (something related to) 1996. I moved out of CA in September 1998 and have lived in Washington State ever since

Thelawman2 :

Were you subject to any court proceeding in which the CA government claimed you had not paid taxes. Unless you were, then it is improper for them to claim that you owe them money and seize assets. You would need to bring a lawsuit against the CA government claiming that they violated your 5th amendment due process rights.

Customer:

I never received any notice of any legal action from the State of California. That's what shocks and outrages me. How could they seize my money without the oversight and permission of a judge? --without even telling me they think I owe them something?

Thelawman2 :

They should not be able to. As you correctly pointed out, it would be a violation of your due process rights to not notify you that they are trying to seize your money.

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