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Interrogatory and IRS tax refund

Submitted by smemmer on Sat, 03/07/2009 - 18:51
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I am in a fight against Unifund. They sent me an interrogatory asking if I am expecting a tax refund, which I am. I talked to the IRS and they said they can't touch it, so I put "Not enough information at this time." Can I be charged with contempt of perjury? As far as I'm concerned, it's none of their flippin' business. Thank you.


Is this part of a suit or requested after judgement was entered?

When is the tax refund expected to be received?

When do the interrogatories have to be returned?

Can you wait until after the refund, in which case you can honestly saying you are not waiting for a refund.


Submitted by on Sat, 03/07/2009 - 19:39

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your right smemmer.it is none of there business.you answered in the best way possible.how are they gonna prove otherwise.


Submitted by paulmergel on Sat, 03/07/2009 - 19:46

paulmergel

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Thanks to all of you for responding. What a great forum. To answer the excellent questions from cellular:

1. The interrogatory from the plaintiff is following a default judgement. However, I have filed a motion to set aside the default based on serious medical issues which are all documented. My hearing is on March 25.

2. Receipt of the tax refund is the sticking point: IRS said the check would mail on March 13 and the interrogatory is due on March 12. I efiled but requested a check instead of direct deposit in case they tried to place a lein against my bank account.

3. Interrogatory is due March 12. Can I call the court or plaintiff and get a 10-day extension on the interrogatory?

4. Unless the check is mailed earlier than the 13th, I would be lying on the interrogatory, which I don't want to do. Since they can't touch this money, I don't see much harm in reporting it, but I feel this is a sleazy lawyer way to gauge my net worth and then know how hard to come after me. So I've put "Not enough information to answer this question".

Any lawyers out there who can give me a read on this?


Submitted by on Sun, 03/08/2009 - 07:56

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a default judgement?that changes things.were you served properly or at all?if you have a hearing on the 25th i would stick to your original answer.you neither confirm or deny the question.i don't see anything wrong with it.


Submitted by paulmergel on Sun, 03/08/2009 - 17:52

paulmergel

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Yes, I was served properly, except the summons was left on my driveway. I missed appearances due to physical illness, which is all documented. I will pay the full amount if the motion doesn't fly, but the IRS thing they can't touch. Thank You.


Submitted by on Sun, 03/08/2009 - 18:02

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