seems i have a (stupid )payee who is threatening to take me to court
and sue me for “non payment”–
however i have proof that this person has REFUSED a recent payment
which was in the form of a cashier’s check–
the proof is an envelope with the cashier’s check i sent still in it
that was marked “return to sender” by the person who has refused payment–
( probobly to avoid the “600.00 amount” so they would not have to report the income to the IRS ?)
the seal of the envelope is undisturbed ( nice )–
to top it all off,
i had written “check enclosed” on the check before sending the check off to the payee,
and the post office put a sticker over the end of the word “enclosed”
( sweet )
so i think that proves i had written “check enclosed” on the envelope BEFORE
the envelope was handled by the post office a second time–
( the first time it was sent by priority mail delivery confirmation in one of those clear envelopes )
i have made atleast 3 official requests for a
w-9 during a 6-9 month period to this payee
because the IRS told me i should not pay anyone who refused to give me a w-9–
since he has continuously refused to provide me with a w-9
and since he has sent a cashier’s check back to me ( refusing payment )
i am now refusing to issue payments until the payee provides me with a w-9–
now, people who know me and the payee
are giving messages to me from him that basically state
that he is demanding that i pay him in cash (crazy and stupid )–
needless to say, i have refused to issue any cash payments
and will continue to refuse to issue any cash payments so can i be sucessfully sued for non payment if i am taken to court by this payee? we never went to an attorney to get contracts drawn up between us that specified a method of payment ( i knew that question was coming)–
thank you in advance for any time and attention you may give to this question (please don’t ask any questions, cause i can’t answer them if you don’t allow emails)
January 17th, 2009 at 4:41 am
As payer, you goofed. You should have not let him do the work until after you had the signed W-9.
The IRS has a procedure for this.
If you believe they are a US citizen or resident, you withhold 28% and send them the rest. At the end of the year, you send them a 1099-Misc *anyway* showing the gross pay and the 28% withheld. Since that pretty much adds up to a 15% tax bracket and the 15% SE tax, the government won’t get on your case. If you believe they are a non-resident, you withhold 30% and issue a 1042-S. (Be sure to send in the withholding.)
However, I would still want to pay by check so you can have a stub attached.
January 17th, 2009 at 10:50 pm
Ask about a money order? Its legal tender Never put check in closed . Your asking for trouble
January 19th, 2009 at 6:37 am
You are missing a little bit of info, for instance is this payment for rent, for services rendered, for property. There are special laws that come into play for each in different states. Is this a business to business transaction?
The proper way to show proof of attempted payment is to send a registered letter.
I doubt this guy wants to take you to court, even if he does most likely he will get awarded $600.00. Which you can hand him a check right there in front of the judge.
January 20th, 2009 at 5:37 pm
You can contact the ofice of the State Attorney General. Ask them. If the person/company is doing somthing improper, they will take the appropriate action.
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