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socrateaser
socrateaser, Lawyer
Category: Consumer Protection Law
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What is the statute of limitations in California for library

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What is the statute of limitations in California for library fines?
A Community College District is threatening to submit an alleged library fine debt of $185.00 to the California Franchise Tax Board (FTB) for collection under California State Government Code Sections 12419.2, 12419.7, 12419.9, 12419.10 and 12419.11 which authorize the Office of the State Controller and the FTB to collect money owed to individuals and then redirect these funds to pay the individuals' debts owed to the districts/colleges.
The alleged debt is between 15 and 25 years old.

Hello,

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors. Please permit me to assist.

This is what is known as an "administrative offset." There is no statute of limitations for an offset claim. Code Civ. Proc. § 431.70; see Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 195.

Since the money will most likely come from your taxes, the best way to avoid paying is to make certain that you are never entitled to a refund on your state (not federal) income taxes.

If you are an employee, adjust your W-4 so that you will owe less than $1,000 at year end. That way you will incur no tax penalties and the FTB will not be able to offset your refund.

Alternatively, you can try to negotiate a settlement, or you could appeal the offset with the State Board of Equalization, once it occurs -- but, that would be a giant litigation nightmare. Better to just make sure you are never entitled to a tax refund from the State.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
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Customer: replied 10 months ago.

Very good answer so far!

I would like a bit of clarification, though, before we finish.

I like the strategy of avoiding any tax refunds from the state, but wonder if—and worry that—the Community College District could then request that the IRS make a diversion or offset payment from any federal tax refund I might have coming.

Does the IRS have a similar offset arrangement with California public entities such as a Community College District?


I like the strategy of avoiding any tax refunds from the state, but wonder if—and worry that—the Community College District could then request that the IRS make a diversion or offset payment from any federal tax refund I might have coming.

Does the IRS have a similar offset arrangement with California public entities such as a Community College District?

A: Absolutely not. The only exception in this area of law is child support.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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