Can you sue a state for harassment?

Two and a half years ago, we paid the state of Virginia $7600 in state taxes ($7370 through payroll deduction and the remaining $230 through Liberty Tax who does our returns). We got a notice from the state the we owed $7600 in back state taxes which would be garnished through my husband's business. In the state of Virginia if the government issues a garnishment, the business can only garnish the wages until the state gets proof). My husband faxed the info as requested: company W2's and the returns from Liberty to the State of Va. We were told that it takes 30 days to process, and they could not stop the garnishment. In Jan 2008, they deducted $750 from our monthly income -- in February another $750 (they still had no documentation -- which we submitted again), March, another $750 (again, we faxed the information), April, another $750, and omg in June they found where someone didn't record the right information in the right place. In August 2008, we were promptly refunded our $3000, no apology, nothing. We moved to Atlanta in January, filed our taxes. We owed the state of Virginia $3 for the year 2009. In March, we started receiving these threats to garnish our wages for taxes owed for 2008. Fortunately, we kept all of the documentation. We faxed all of the information, tax returns, checks paid, w2's, to the state of virginia. in april, another letter from the state, and again we faxed the information. Yesterday, we received another letter that garnishment would be starting in July. My husband called the state of Virginia, explained again our whole ordeal. The person he spoke to said that he had found the documentation, and we did not owe anything (which we have heard before). I have doubts about this as we have been through this before. Is there away to take legal action to have them notice? $3000 out of disposable income nearly killed us financially. We could no longer afford the necessities like doctor's visits and medications. I am terrified that we may go through this whole ordeal again due to the incompetence of the state of va. help!

taxicabgirl

I would suggest that any suits be brought forward carefully. Maybe harrassment isn't the issue, instead, undue hardship, incompetence, punitive damages, class actions? Seek counsel for clear and airtight wording. I have seen good cases lose due to the focus being a bit off from the actual crime.

mnwomen

You got your money back. You have not suffered any other damages. Being terrified it will happen again is not grounds for a lawsuit.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: