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View Full Version : DMV - WTF: Garnished Tax Return for Veh. I don't own!



probablecause
02-12-2007, 09:42 AM
WTF, the DMV garnished 35.00 from my tax return for a quad/atv that I have not owned for 11 months!!! I sent the forms when I sold the vehicle but kept getting these notices. Sent them another letter and, of course, heard nothing. Get my State tax return back and now had 35.00 taken out for the vehicle. Of course I don't have the guy's name who bought it since it has been so long. They give you phone numbers to call but they are all automated and none lead to a live person. I am just trying to figure out how the State can legally garnish part of a return and continue to do so when I have filled out the paperwork that they request.
Anyone been down this road before?

YeLLowBoaT
02-12-2007, 09:44 AM
with out a Bill of Sale your kind of skrewed... yes you can say you sold it, but you can't prove it...

robk
02-12-2007, 09:46 AM
I didn't have money garnished... but I did receive a tax bill from the O.C. Tax Assessor's office regarding a jet ski I had sold, two years in a row after the sale.
I ended up having to write a letter to the tax people and the DMV and the notices stopped. The phone system won't get you anywhere.
DMV just doesn't get it.

SummerBreeze
02-12-2007, 09:48 AM
You should be glad it was only $35 bucks

C-2
02-12-2007, 09:53 AM
Typical action by the State - levy first, ask questions later. Good luck on it. :)

thumbs
02-12-2007, 09:56 AM
I had the exact same problem. I sold a dirt bike to a kid and he never had it registered in his name. The next 2 or 3 years I kept getting a notice for renewal of the registration. I called DMV and told them what happened. First two years I still had all the information for they kid I sold it to. I passed this onto the DMV and they said no problem, they would take care of if. The following year the same thing happens. The third time I no longer had the kids info but still called DMV. Spoke with a supervisor and told her my story. She took the info that I colud remember and sent a release of Liablity form that I filled out and returned along with a bill of sale. I kept copies for my records and have not had a problem since.

C-2
02-12-2007, 10:01 AM
My neighbor traded in a truck, the dealer fouled up the paperwork, the new owner was buzzing thru the Fastrack without paying. Eventually the new owner smashed the truck up.
A year later, me neighbr got served with a lawsuit. Big mess, I don't know if they ever figured out who dropped the ball on the paperwork.
Not that it's related to Probable's situation, but when it comes to personal property taxes on boats, jet skis (county taxes most people confuse with "luxury tax"), it's important to nip it in the bud. Otherwise, they too lien first and ask questions later.

Baja Big Dog
02-12-2007, 10:07 AM
Doesnt that piss you off....had it happen, its easy to avoid, send in the "release of liability" form attached to the pink slip, its the one that I always threw away, not anymore, fill it out and have it sent return reciept requested, its a pain to go the the post office, but it can save you in the long run. The responsibility lies on you, not the buyer since some states are not too good at reporting out of state sales.
And rest assured, the state will attach anything they want to get their money, Im chipping porcelin off my teeth writing this it pisses me off so much.

jeepinscott
02-12-2007, 10:10 AM
I am going through the exact same thing, but it's $200 and change. I sold my boat overseas to a guy in Australia and a dirtbike locally. I sent in the releases of liability. They told me to 'prove' that I sold the boat. Shouldn't they have to 'prove' that I didn't?

One Particular Harbor
02-12-2007, 10:19 AM
Mine was under different circumstances, but another gentleman, with the same first and last name as my own, living in a different city, with a different social security number, driver license number, etc. received a traffic ticket in the 909 area code. My employer at the time received a garnish wages order from the State/DMV (I had received literally no, zero, nada notice from the DMV regarding this).
I called the DMV and, in short order, we sorted out that this was another individual (still had to "prove" that I was not this person by faxing in my driver's license and some additional proofs of identity) and the matter was dropped. But, bottom line, they (the State/DMV) was literally able to conduct an Internet search, find someone with the same name in the same county, and with no additional notice, verification of identity, etc. issue an order to my employer to garnish wages.
I agree with the previous post...you're guilty until proven innocent in these matters and this seems very much a violation of our rights.
OPH

Mrs. Bordsmnj
02-12-2007, 10:24 AM
We traded in my Explorer for my husbands truck a few years ago and I kept getting notices for registration on the Explorer. I ended up going to the DMV at AAA and filling out a new release of liability and it was a done deal.

1 Baja Guy
02-12-2007, 10:46 AM
DMV=GOD They over rule Judges

RitcheyRch
02-12-2007, 11:06 AM
Can never mess with the DMV.

Kachina26
02-12-2007, 04:37 PM
Yeah, cry me a river. They snatched $367 out of my bank account for a vehicle that I told them had been registered and moved to another state. I even sent proof of it. I called them and expained the situation and they quickly released the money based on just my word. Now I'm still waiting for a form to apply for a refund of the $75 the bank charged to snatch the money. How can they get a judgement with out some kind of hearing? Total BS!

mrs.rvrluvr
02-12-2007, 04:59 PM
DMV
Dumb Mutha Vuckers

Moneypitt
02-12-2007, 05:12 PM
What was the $35.00 for? Fees of what nature to the DMV..........MP

HMF'er
02-12-2007, 05:24 PM
I keep getting registration due bills for an atv and dirtbikes I haven't owned for years. It seems the mofos that keep buying stuff from me don't go register them. I have sent in every Release of Liability form, but DMV hasn't processed them. Now years later, DMV is threatening me with collections for $35 per vehicle. I'm doing my taxes next week, it will be interesting to see if the state tries to collect.
Wasn't there a California DMV employee on the boards here that can give some advice?

Ziggy
02-12-2007, 05:32 PM
DMV=God is pretty damn close to truth, or at least they think so.
.
In the last year or so they seem to be on this kick. It happens so often now when someone trades a car into my store the old owners continue to get notices.:mad:
The DMV seems to think they never make mistakes and put all the blame on you or someone else to fix it.........big fricken pain in the ass is what DMV is. You'd think with the fees they charge they'd have employees capable of reading and doing thier jobs properly.
Beside the fact some of the clerks think their 5hit don't stink.:rolleyes:

Outnumbered
02-12-2007, 05:33 PM
WTF, the DMV garnished 35.00 from my tax return for a quad/atv that I have not owned for 11 months!!! I sent the forms when I sold the vehicle but kept getting these notices. Sent them another letter and, of course, heard nothing. Get my State tax return back and now had 35.00 taken out for the vehicle. Of course I don't have the guy's name who bought it since it has been so long. They give you phone numbers to call but they are all automated and none lead to a live person. I am just trying to figure out how the State can legally garnish part of a return and continue to do so when I have filled out the paperwork that they request.
Anyone been down this road before?
This happened to me on both of my cars I moved to AZ from Cali. The nice peeps on Hot Boat.com told me to quit bitching and that it was probably my fault:rolleyes:. So be prepared to get flamed by the all-knowing HBF experts:D . The State actually locked my bank account that I still had open, took out the money, and told me that I have to prove them wrong to get my money back and unlock my account... WTF:mad:
Let's just say I am glad I don't live there any more. It took a while but I finally got my money back.
Fockers:mad:

thumbs
02-12-2007, 05:50 PM
What was the $35.00 for? Fees of what nature to the DMV..........MP
That's the amount of the registration (green or red sticker) fee for an ATV.

Moneypitt
02-12-2007, 07:06 PM
That's the amount of the registration (green or red sticker) fee for an ATV.
So now they send you a registration renewal notice, and if you don't want to register that vehicle. They attach your tax refund to force you to register that vehicle? Thats bullshit!! ......How can they force you to register a vehicle??? What if your Rhino fell off the back of your boat and is at the bottom of Piru with Later's boat, do you still have to pay to register it?? Are off road stickers any different than on road stickers when it comes to forced registration?.........I think we need to contact Arnold about this..........MP
Any lawyers want to start a class action lawsuit against this practice?? I think a few Xs 100 judgements would put the DMV in it's place....$3500.00 for everyone wrongfully attached would be fair.......

Biglue
02-12-2007, 07:16 PM
I've had my wages garnished TWICE over the same ****ing car I sold 3 years ago. The car's tags are up in Sept. I'm waiting to see if they get it right this year. Oh and get this, both times they have refunded me my money. :mad:

Infomaniac
02-12-2007, 07:49 PM
WTF, the DMV garnished 35.00 from my tax return for a quad/atv that I have not owned for 11 months!!! I sent the forms when I sold the vehicle but kept getting these notices. Sent them another letter and, of course, heard nothing. Get my State tax return back and now had 35.00 taken out for the vehicle. Of course I don't have the guy's name who bought it since it has been so long. They give you phone numbers to call but they are all automated and none lead to a live person. I am just trying to figure out how the State can legally garnish part of a return and continue to do so when I have filled out the paperwork that they request.
Anyone been down this road before?
One more wonderful reason that makes the climate in CA is worth lving there.

bonesfab
02-12-2007, 08:22 PM
I'll chime in. The state did it to me on a car I bought. They came back 2 years later and said the car was worth 18,000.00 dollars so you owe us 900.00 in back taxes and penalties. Wrote letters, called the dmv, no help. Problem was I couldn't find the bill of sale. After two years and the state with holding my tax return, they decided to garnish my wages with no contact with me. Luckily I happened to find the bill of sale during this time and faxed it to the dmv and the garnishing stopped before it started. Never did get my money back from the state though. Hold on to all dmv paperwork.

probablecause
02-13-2007, 08:08 AM
So now they send you a registration renewal notice, and if you don't want to register that vehicle. They attach your tax refund to force you to register that vehicle? Thats bullshit!! ......How can they force you to register a vehicle??? What if your Rhino fell off the back of your boat and is at the bottom of Piru with Later's boat, do you still have to pay to register it?? Are off road stickers any different than on road stickers when it comes to forced registration?.........I think we need to contact Arnold about this..........MP
Any lawyers want to start a class action lawsuit against this practice?? I think a few Xs 100 judgements would put the DMV in it's place....$3500.00 for everyone wrongfully attached would be fair.......
That was my logic: How can they "force" you to register a vehicle? There is no "PNO" (Purchase of Non Operation) sticker I can buy if I didn't want to register a vehicle. That is the chance I take when riding and if I have a sticker that is expired. I wish the State put as much energy into welfare fraud and ID Theft prevention as they did with chicken $hit DMV fees. Great set of priorities.

Moneypitt
02-13-2007, 09:09 AM
Is there a vehicle code number shown on your paperwork? If there is, post it up. Kilr can probably post the actual code text. Lets see what these private sector rejects are doing. This whole thing stinks.....I really do think a class action lawsuit against the DMV is in order........And the State tax board isn't much better. They have a mind like a steel trap, once it's closed, it's closed.....Even if the reporting agency is 100% wrong they won't back off.....MP

Hava Stoker
02-13-2007, 09:25 AM
The DMV sent me a letter that I was DEFRAUDING the state of CA because I left my truck that has AZ plates on it in MY driveway in CA. I'm a CA resident, my wife is AZ resident, we switched vehicles for a few weeks so I could work on the truck. Now the DMV says they're going to garnish whatever for the cost of Ca registration!

Moneypitt
02-13-2007, 09:35 AM
The DMV sent me a letter that I was DEFRAUDING the state of CA because I left my truck that has AZ plates on it in MY driveway in CA. I'm a CA resident, my wife is AZ resident, we switched vehicles for a few weeks so I could work on the truck. Now the DMV says they're going to garnish whatever for the cost of Ca registration!
There is a time limit for an out of state vehicle to be in this state before you are forced to reg it here. Maybe boat cop can elaborate on the dual residence exceptions to those rules. We need a lawyer, (boy I hate to say that) to step in here. I know that if you live here, and work here, you have to transfer the reg here after a certain amount of time......But with dual residences I'm not sure how it works. One of my boats is registered out of state. When asked how long its been here, I say a week, and its going back next week.....end of discussion.......Need more info, and a lawyer to jump on the band wagon and go after the DMV, and check on the garnishments without a judgement??.........MP

Kachina26
02-13-2007, 10:07 AM
There is a time limit for an out of state vehicle to be in this state before you are forced to reg it here. Maybe boat cop can elaborate on the dual residence exceptions to those rules. We need a lawyer, (boy I hate to say that) to step in here. I know that if you live here, and work here, you have to transfer the reg here after a certain amount of time......But with dual residences I'm not sure how it works. One of my boats is registered out of state. When asked how long its been here, I say a week, and its going back next week.....end of discussion.......Need more info, and a lawyer to jump on the band wagon and go after the DMV, and check on the garnishments without a judgement??.........MP
Here's what BC said about it in another thread. Pretty sure I won't bring my truck back into ca.
Boatcop says... (http://***boat.com/forums/showpost.php?p=2223124&postcount=8)