Employment Development Department

#1 04-20-2004, 08:41 PM

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I received today in the mail a Certificate for Summary Judgment and Notice of Entry of Judgment from the Superior Court of Sacramento, plaintiff, Employment Development Department.& I sent them two letters requesting verfication of the debt and they ignored both and now I have a judgment for almost twice the amount they say I&owed -- just for&requesting verification! The judgment was signed under penalty of perjury too.& 

My question is, will the Cornforth materials work to void this judgment? 

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#2 04-20-2004, 09:40 PM

EDD? Just looked 'em up on the web. Sounds like what here in Virginia is the "Virginia Employment Commission." I.E., EDD places workers, unemployment compensation, stuff like that, right?

Which sounds like they're saying you them a refund of unemployment compensation?

I'll stop before I continue this "stream of conciousness" stuff....

Randy

#3 04-20-2004, 09:54 PM

Yes, it's the same as Virginia's Employment Commission.

I was just reading the Cornforth material, and even though this judgment was obtained illegally, I'm not so sure it can be voided, because it's a state benefit.

This makes me&ill...

I've tried downloading the Cornforth videos, but the first video took an hour an a half to download&99% and then when it got to 99% it wouldn't stop downloading files... it stayed at 99% for about a half hour and wouldn't quit, so I had&to cancel it.

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suijuris · #4 04-20-2004, 10:01 PM

Tora,

You could try getting a download manager, this will allow you to resume failed downloads instead of starting the download all over...

Go to download.com and search for 'download manager', that should give you some options.

Sui Juris

Ice · #5 04-20-2004, 11:15 PM

This judgment can be vacated due to the fact that there was no due process involved.& How would they like it if you went to a judge with your paperwork and got a judgment against them (personally) for a few million dollars?... they wouldn't like it one bit... and the judge wouldn't give it to you because 1) No proof of service for starters 2) No evidence on record (remember, an attorney handled this and they NEVER get evidence on the record orally or in brief... and there isn't any contract so....

If they judge wouldn't do it for you... then why is it valid if he does it for them?

Yeah... it's void.

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#6 04-20-2004, 11:33 PM

Thanks for your support, Ice.&

Yes, it is a lot of nerve to just go get judgment without due process.& But... they did send me paperwork for due process, but I wanted them to verify the debt before they gave me due process.& They sent me their reasons for the decision,&and told me due process is available, but I already know about their due process--it's a waste of time-- their decision is already made up&beforehand, just like IRS's due process. &

I'm going to see if I can create my own void judgment.. yikes...!

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#7 04-21-2004, 12:14 AM

Thanks, Sui Juris, for download manager... it worked.

rushpat · #8 04-21-2004, 09:52 AM

Hey Tora,

I'm a little fuzzy on this. Is this related to unemployment compensation or the FTB, CA Tax return issue? Also, is this in response to your lack of a return, if it is only for unemployment compensation?

Were you noticed of a court date, so that you could present a proper defense, or were you only given the option of grovelling before the FTB?

What is the relationship between the FTB and EDD? I'm not sure we have anything like this in Georgia.

Oh, and when you get things straightened out, you might consider moving to one of the 10 states that don't even have state income taxes. I recommend Florida, as they have nice weather down there too.

#9 04-21-2004, 12:04 PM

Rushpat, so Georgia doesn't have state income taxes?

The EDD is separate from my&tax issues.Yes, it is unemployment compensation.& I was not given a notice&for a court hearing. They said they would&give me due process before one&of their hearing officers.& I declined because&they already passed judgment&on me.&The story is that I told&an employer I was wasn't available for work one week,&because I working for someone else.& I reported to EDD that I didn't work that week, because I worked for someone&who didn't report my&wages. &The previous employer&told EDD&that I was working for someone else.& EDD wanted to know how much I earned that week and&I basically told them&I wasn't going to tell them how much I earned.&I figured that since my wages weren't&reported to them, why should I tell them what I earned. Well, they didn't like that, so they IMMEDIATELY sent me a nasty notice to pay,&with 30% interest and penalties attached to it.

I sent them a letter to verify the debt. They ignored the letter's instructions and&sent me a copy of their assessed bill and said I can get a hearing on the matter. I sent them a follow up letter demanding that they verify the debt, and less than a week later I get the Summary Judgment.&

FTB&gets information from EDD though.&I'm working as an independent contractor right now so my wages are not being reported, but I can't do contract for too&much longer because I don't get enough hours.& But when I finally find&full time work, I will be earning wages again and&EDD and FTB will know where I am.&

According to Richard Cornforth, a Notice of Lis Pendis will stop them from taking my property before&my Void Judgment is decided&by the court.I will be spending my time at the law library this weekend.

I've been thinking about moving to Nevada. &Florida's&too away&from&family. &

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rushpat · #10 04-21-2004, 12:25 PM

Actually Georgia does have a state income tax, but I don't know if they have anything like the EDD. The Dept of Revenue in Georgia doesn't appear to be nearly as nasty as in other states (at least I haven't seen anything to suggest otherwise). I would probably try to live in one of the non-tax states, except that Atlanta is one of the largest metro areas in the southeast (family here) and there always appears to be more employment here than most other places in this corner of the country. I'm in the Information Tech/Engineering field, and this area is also one of the main places outside of Silicon valley and a few others for that.

I came from Tennesse which doesn't have state income tax (although they've been trying for 20 years now), and also lived in Florida which doesn't either. Georgia and California were the only two that did that I've lived in.

Does Nevada have state income tax?

Have you considered trying to work through an LLC of your own, so that an employer doesn't report your SSN? I saw something like this and posted it to my LLC VS Trust thread under the Asset Protection forum.

It sounds like you were railroaded. This is something you need to bring out in any action you take. Their "due process" was apparently anything but, as they had a conclusion already in mind and ignored their responsibilities to provide certified verification after being noticed. Did you reference the FDCPA? Any collection activity after that, without providing verfication is in violation of the FDCPA and fraudulent. Heads can roll for this.