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To: superloser
Baloney! A lien is only valid if it is signed by a judge or comes out of the judicial system somewhere. Elsewise, I could file a lien against you tomorrow with the same effect as the IRS. Come on now....

You can't "file a lien". You can only sue me and win a judgment. Such a judgment would be totally wiped out by a Chapter 7 filing. A tax lien is not. A state equivalent is called a tax warrant and is also not dissolved by bankruptcy. Learn the law please before spouting "baloney".

76 posted on 08/17/2003 11:03:52 AM PDT by montag813
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To: montag813
It still has to go through court, elsewise, it is considered the equivalent of a bill of attainder and thereby null and void. It *still* needs to go through the courts.

Perhaps you too should go talk to an auditor.
77 posted on 08/17/2003 11:17:05 AM PDT by superloser
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To: montag813
Here is the process a friend of mine went through and what ended up happenning which pretty much got rid of it.

He had been unemployed for a couple of years and, oops, forgot to file his taxes.

So the IRS sends out an "administrative form" (I forget the number of it) to him and to his bank declaring a lien against his checking account to which they intend to apply a Hoover. There is one signature, that of some bureaucrat.

The bank honors it, thinking it is legitimate. It is not.

He protests to the bank and offers to take them to court over it. The bank backs down. He sends an ugly letter to the IRS which rescinds the illegal "lien" they have "placed" against his account.

Mind you, there is no judgment in this case as of *yet*. In fact, he has yet to get a letter from the IRS even asking him to come down to their offices to figure this out. It has not gone to tax court. It has not gone to any court whatsoever.

Anyone can fraudulently file "paperwork" that "declares" a lien against property. It all depends on whether or not that "paperwork" is honored or not.

Sending out a declaration of "We have placed a lien..." is standard IRS procedure -- before anything even goes to tax court or the taxpayer gets a demand to show up at their local IRS office.

So, I say, BALONEY! What they do is illegal and, as this seems to be commonplace, as I've heard of it happenning more than once -- what they are doing *is* illegal as it has never been ajudicated. Period.
80 posted on 08/17/2003 11:41:32 AM PDT by superloser
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To: montag813
Let me give you Baloney! Part two of how the tax system operates illegally. I just dug out the paperwork on this one to review it.

A few years ago, when living in California, the State of Oregon decided it had a "judgment in default" against me for not withholding taxes from an employee I never had in a business I never owned.

They sent a letter to me claiming they were going to freeze assets and do all kinds of nastiness. Case of mistaken identity and error on their part.

So I got my checking account and savings account frozen.

Therefore, I offered to file a seven-figure lawsuit for fraud and anything else my attorney and I could think of unless they reversed themselves and produced a letter of apology.

They told me to go climb my thumb...initially. Then they decided discretion was the better part of valor and backed down.

Did they get a court order? Evidently not.

Did I ever go to court over this? Heck no.

The whole thing was illegal from start to finish, even the SSN on the letter they sent me was wrong.

But it was honored fraudulently.

When was the last time YOU had to deal with this?
81 posted on 08/17/2003 12:04:41 PM PDT by superloser
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