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Originally Posted by chuckhs12
The company I work for is ignoring my W-4 form and the "Certificate of Exemption From Withholding in Lieu of W-4". I have had nothing but don't bother me. It is between you and the IRS. I even had a meeting with the HR person stating "The Company will not address the issue! Take it up with the IRS!" That came from thier top HR person.
I have sent in a set of documents to the Company telling them to stop withholding and rescinding my signature on W-4, 1040's, and State income tax forms. I am now looking at filing a lawsuit against my employer for violating the W-4 contract without my authorization and dishonoring the contracts.
I found some good sources of info on the famgaurdian.org website. If anyone has some sources of good info to present my case with case sites or threads with similar info, is greatly appreciated.
Will keep this thread updated as best I can.
Thanks,
Chuck.
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Hello, chuckhs12:
I think that you should consider suing the corporation and the individual that is responsible for signing over your earnings to the IRS. It usually only cost a few extra dollars to add an additional name to your suit. I feel that part of the reason to sue, regardless of the outcome, is to
wake up those who are blindly following perceived rules,
which in the case of the Internal Revenue Service (IRS (Snakes)) are wrong.
I think that you should start your suit in the state that the injury occured in, in this case
Missouri. I would start out the suit by
stating a claim based on the state constitution, I put in a link for this below.
Example:
Quote:
Due process of law.
That no person shall be deprived of life, liberty or property without due process of law.
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emphasis added.
You will need to look for the
Rules of Civil Procedure the court district that you are filing in. The resourses below may help. Otherwise, you may ask for this information at the court house that you file in. Just be aware that they may make an issue about giving any legal advice/information.
It would be nice to file for a jury trial, however, this often has a high filing fee (non-refundable?), and the court may require a high dollar amount ($50,000 or more) be at issue.
Along with your petition/plea to the court, you will need to file some sort of
verification to support the petition. You may need to find the rule/code number and list it in your verification.
Of course, any documents that you want to include with your petition, should be included as an exhibit, i.e. Exhibit A, B, C, etc. This would include all useful correspondence between you, the company, and the IRS.
This is to show that you have attempted to resolve this matter administratively, without success.
If you get the clerk of court to accept your petition, then you can wait for the company attorney(s) to file preliminary objections, usually
failure to state a claim. If you have stated a claim based on the constitution you should be on firm ground, however, this is where the court will often
dismiss the the case. If you want to pursue the matter you will need to act quickly.
The court should tell you how to cure your petition.
Check the rules for time limits, usually you will have 10 to 20 days to respond.
Note that
attorneys are not fact witnesses, while they may put in a apperance for their clients (the company) to avoid default,
they cannot put in any evidence/exhibits that are not supported by a verification of the client. In most cases the attorneys will not do this, thus, they have no facts on record. Since there are no facts against your verified petition, it should go to trial. However, you must raise this issue if the court attempts to dismiss your case based only on the attorneys statment. The same is true if the attorneys do not bring fact witnesses to trial, which they sometimes will do.
Here are a few things for you to look at regarding your suit.
Family Guardian, UNITED STATES v. O'DELL:
http://famguardian.org/TaxFreedom/Au...ellNo10188.htm
http://famguardian.org/TaxFreedom/CitesByTopic/levy.htm
http://forum.suijuris.net/showthread...6&page=2&pp=10
Legal Resources:
http://www.findlaw.com/?DCMP=KWC-GOOGFINDLAW0804
http://www.versuslaw.com/
I hope that this aids you in your suit.