Can't believe this is happening....

[Denne]

For those of you that helped me through last week and gave much such good advise...I thank you! Unfortunately this former client will not stop calling and demanding. Last week it was copies of all of his payroll taxes. I finally caved in and faxed them to him after his threat and nasty phone calls. I still had not been paid, but sent them since he said he was aware that he owed me and was going to send a check. A week later I am still unpaid and the phone calls demanding copies of Personal Property Taxes and Depreciation Schedules have now started. I re-faxed my letter telling him what his prior balance was and billed him for my time for last week getting his items faxed and his more than 50 phone calls. I said in the fax that I would be happy to fax those other items to him after his account was paid.

Today I got a nasty fax telling me he wanted all of "His" files by the end of next week.....no mention of payment being made to me. He told me he wished I would quit playing games and trying to make things more difficult for him??? I don't have his files. I have my files and working papers here. I thought depreciation was my worksheets. I am willing to send them to him, but just asked to be paid first.

What the heck did I do wrong???? I have never been playing games with him and was so relieved to just have the phone calls stop last week after I sent what he wanted. I feel I have gone over and above what I should have done already. I just want to be paid for what he already has received......

So upset and frustrated with being stalked by this guy.....

Thanks for listening again!

[michaelmars]

Depreciation is his since you must give him worksheets that adjusted his numbers. most other worksheets are yours. do you have caller id that shows a log of calls? if not buy one at radio shack for about $10 then go to the police and charge him with harassment. That many calls qualify, also large a complaint with the phone company. Once he gets a call from the phone co and the police investigating your complaint i bet he disappears. i would also sue him in small claims court and have him served with a process server at his home or work or anywhere he will be publically embarrassed. Mailing your invoice with a big "past due" stamp on the outside works too. if he is harassing you then you harass him back [legally] till he goes away.

someone on the old board once gave me a great idea that i used once. With your invoice, let it be known that if you aren't paid in 1 week you will notify the irs to remove your name as paid preparer of his work since you were never paid. my letter stated that you are dooing this to protect yourself and have no idea if it will open his return to further scrutany by the irs.[a subtle threat]

[OldJack]

>>Depreciation is his since you must give him worksheets that adjusted his numbers.<<

I always include the ATX detail depreciation schedule attached to the copy of the tax return given to a client. When a client calls for a copy I just remind them that it is attached to the tax return.

[NECPA in NEBRASKA]

If you didn't give him copies before of his personal property tax return and depreciation schedules, you need to give them to him now, whether he has paid you or not for current work. You should always provide a copy of the returns to the taxpayer. If he already has copies, you are not required to provide him with another copy, unless he pays you. Your files are yours. You could have block his number so that he can't call you anymore when this is through. If he continues to harrass you, I would call the police.

Bonnie

[jainen]

>>If he continues to harrass you, I would call the police. <<

I'm sympathetic, but this is NOT a police matter (unless the "nasty fax" contained a credible threat). The police will say you have a commercial dispute, and they are already weeks behind in criminal complaints. You may find some variations, but your three basic choices are to give nothing more and hope that satisfies him, give him everything you have and hope that satisfies him, or give everything you have plus a couple hundred dollars to an attorney and hope that satisfies him. I don't see small claims as worthwhile since you still won't be able to collect and he will get you a reputation for suing your clients. Make your decision on strictly business terms.

[michaelmars]

bravely i disagree with Jainen [i am in NY]

i once had a restaurant who would fax me 50 copies of his daily specials, using up my fax tonor and paper [many years ago]. he told me he bought the machine used and didn't know why my number was programed into it like that. Well after a few weeks of his "trying to fix it" i called the phone company and they told me to go to the police that unwanted and excessive phone calls are considered harassment [again i am in ny]. the first cop told me what you did but i asked for his sargent who agreed with me, sent an officer to my office. He actually gave me the option of letting him scare the restrantaur or arresting him for harassment. [i had the printouts and the recording of my conversations asking him to stop the faxes] i opted to just let the cop scare him.

the cop went to the restaurant and told the guy he was guilty of harassment and he had one more day to correct the fax machine or he would get arrested. the restrant guy took the machine in front of the cop and tossed it in the dumpster!

[kcjenkins]

If you never gave him the depreciation Detail Report, then you do owe him that, but that is all. I'm sure you gave him copies of the payroll reports, and if he did not keep his copy, that is not your problem. If he wants additional copies, he has to pay [in advance, clearly, in this situation] for them. The phone company can give you a log of all your incoming calls, and that should be enough to support your harassment charge. Don't let him intimidate you.