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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118777
Experience:  Attorney experienced in commercial litigation.
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For law educator esq ONLY. I will wait. have two settlements

Customer Question

for law educator esq ONLY. I will wait. have two settlements one through mediation. defendants attorneys refuse to release funds unless i sign a w 9. i refuse. even irs told me not to sign. bar association said attorneys should pay within 30 days regardless (one case 8 years old. other 8 months old). w 9 is invasion of my privacy and (disabled) hardship. Can YOU find where to avoid this bookeeping tactic (i dont respectfully ***** ***** i do not owe money, irs checked my issues and record, am not a felon and am a citizen. among other things these payments will appear on my year end statement and generate a w 1099).
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, a W-9 means nothing in this instance for a lawsuit, since most settlements are tax-exempt and you would claim them as such as they are a reimbursement for losses. There is nothing saying they cannot ask for a W-9 and we get 1099 for our clients all the time, but that does not mean the funds are taxable, the clients write them as non-taxed legal reimbursement settlements. HOWEVER, that being said if they are not turning over settlement funds in 30 days you have 2 options and can exercise both. First, file a complaint to the bar for them not complying with the rules of professional conduct in surrendering funds. Second, file a motion for contempt in the court where the settlement was entered or suit for breach of contract if there was a settlement without suit.
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