My question involves collection proceedings in the State of: Ohio
I received a collection letter in 2018 from lawyer working for Ohio as "special counsel" re alleged income tax owed for 2013. I moved out of Ohio in 2012. I do not believe I owe any taxes, but even if I did, there is a 3 year limit involved in the situation that expired before I was contacted in 2018. Called Ohio attorney general tax enforcement office and was told that they had mailed me notice by certified mail and have my signature on the delivery receipt. I asked when and to what address; would not give me the "when", but said notice was mailed to my former address (which was sold 5 years ago). Was told that this signature negates the 3 year time limit. Then yelled at me for "should have left a forwarding address". My reply was that the post office does not continue to forward mail for 5 years, the limit is 1 year.
I asked for copies of their documentation showing why they thought I owed taxes and especially the certified letter receipt signature claimed to by mine. Atty gen rep stated they could not give me any of that; they did not have it, and would have to ask the tax dept. for it and this would take "several weeks". Informed the collection lawyer who doesn't give a damn about any of it, just sign here on the payment plan, lady.
I have read on numerous legal advice sites that anybody's signature is proof in court that the document was delivered and the assumption is that you received it, even if it was signed for by a relative/room-mate/any resident at the address. My point is that I haven't owned the house for 5 years, don't know the current owners, haven't been in the house, don't visit anybody in the neighborhood, etc. etc. AND this whole business will go away if the 3 year limit has not been negated by me supposedly having been notified by certified mail. In the meantime of course the collection agent continues to harass me weekly. At this point I have not been able to work for 6 years, am far enough below the poverty level that I have to look up to see it, BUT I own my house outright, do not owe anybody any money and have managed to pay the property tax for another year. The amount demanded (plus plenty of fees/fines etc.) is pretty close to a third of my annual "income" as a fossil on SS. Obviously I can't afford to pay a lawyer for help.
Does anyone know if a forged signature on a certified mail receipt that was sent to an incorrect address is legal proof of notification?
I received a collection letter in 2018 from lawyer working for Ohio as "special counsel" re alleged income tax owed for 2013. I moved out of Ohio in 2012. I do not believe I owe any taxes, but even if I did, there is a 3 year limit involved in the situation that expired before I was contacted in 2018. Called Ohio attorney general tax enforcement office and was told that they had mailed me notice by certified mail and have my signature on the delivery receipt. I asked when and to what address; would not give me the "when", but said notice was mailed to my former address (which was sold 5 years ago). Was told that this signature negates the 3 year time limit. Then yelled at me for "should have left a forwarding address". My reply was that the post office does not continue to forward mail for 5 years, the limit is 1 year.
I asked for copies of their documentation showing why they thought I owed taxes and especially the certified letter receipt signature claimed to by mine. Atty gen rep stated they could not give me any of that; they did not have it, and would have to ask the tax dept. for it and this would take "several weeks". Informed the collection lawyer who doesn't give a damn about any of it, just sign here on the payment plan, lady.
I have read on numerous legal advice sites that anybody's signature is proof in court that the document was delivered and the assumption is that you received it, even if it was signed for by a relative/room-mate/any resident at the address. My point is that I haven't owned the house for 5 years, don't know the current owners, haven't been in the house, don't visit anybody in the neighborhood, etc. etc. AND this whole business will go away if the 3 year limit has not been negated by me supposedly having been notified by certified mail. In the meantime of course the collection agent continues to harass me weekly. At this point I have not been able to work for 6 years, am far enough below the poverty level that I have to look up to see it, BUT I own my house outright, do not owe anybody any money and have managed to pay the property tax for another year. The amount demanded (plus plenty of fees/fines etc.) is pretty close to a third of my annual "income" as a fossil on SS. Obviously I can't afford to pay a lawyer for help.
Does anyone know if a forged signature on a certified mail receipt that was sent to an incorrect address is legal proof of notification?
Disputing Debts: Can Forged Signature on Certified Mail Be Used to Void Statute of Limitations
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