Stopping Lawsuits on Tax Collections

Attorney Timothy S. Hart gives tips on how to forestall lawsuits on tax collections.

ALBANY, N.Y., Oct. 28, 2022 /PRNewswire/ -- Tax collectors are known to be extremely aggressive in pursuing individuals they believe have erred on their tax liabilities. While you may want to handle the case alone, you may find yourself quickly getting in over your head -- even if you're completely on the right side of the law. You have a fighting chance with an Albany IRS tax collection attorney who has been at it for a while and is clever with negotiations.

Debt collection lawsuits are severe, with some creditors using devious means to achieve a potentially higher settlement. Regardless of a creditor's end goal, the federal Fair Debt Collection Practices Act (FDCPA) was enacted to protect debtors. Unfortunately, not many people know of this law, which is why private and public creditors often employ devious means to get their money.

Debt collection cases require creditors to prove that the debtor owes the said amount of money, and that is one of the several pressure points a New York tax attorney can exploit. These pressure points include:

• The inability of the creditor to provide credible paperwork confirming a debtor's status
• Falsified credit figures and billing histories that do not tally
• Creditor not suing for debt collection within the New York statute of limitations
• Creditor not proving without reasonable doubt that it has a legal interest in the case
• Debtor being a victim of identity theft within the time frame of credit collection
• Debt collector has employed any of the forbidden tactics contained in the FDCPA.

Timothy S. Hart, the founder of the Timothy S. Hart Law Group, says, "Innocent debtors who ignore a lawsuit are more at risk than if they had actually shown up with a lawyer. This is because the court will only hear one side of the story." Hart explains that in that situation, the court will most likely rule against the debtor, even if there are loopholes in the collector's lawsuit.

The key to lawsuits is the presence of valid evidence and its presentation. Your New York tax attorney can get the case dismissed if evidence invalidates the debt. However, the case can be negotiated out of court if the proof is valid and might attract sanctions beyond repaying the debt.

Timothy S. Hart is the founding attorney and owner of the Timothy S. Hart Law Group. He has helped companies and individuals navigate their tax problems through settlements and out-of-court negotiations. Contact Timothy S. Hart and his team at any of our Albany and New York offices at (518) 213-3445 or (917) 382-5142 to avoid further embarrassing calls from tax collectors.

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SOURCE Timothy S. Hart