Need help with a lien (from unpaid city business taxes)

[beardeus]

Mesa, Arizona.

My mother opened a restaurant that eventually failed. She owed under 10k dollars in back city taxes. I was roughly 18 and was interested in finance so she put me down as the treasurer yet I never, ever signed any legal documents. Also, I never worked nor earned money there. In 2007 they placed a lien on all the "supposed" parties involved yet I have never been contacted about the lien.

Questions:
How can they place a lien on me when I never was involved with the company?
Is the lien enforceable on me? If so, why hasn't anything happen to me regarding the lien?
What should I do?
How long can the lien remain?

Thanks for any help.

 

[LdiJ]

Mesa, Arizona.

My mother opened a restaurant that eventually failed. She owed under 10k dollars in back city taxes. I was roughly 18 and was interested in finance so she put me down as the treasurer yet I never, ever signed any legal documents. Also, I never worked nor earned money there. In 2007 they placed a lien on all the "supposed" parties involved yet I have never been contacted about the lien.

Questions:
How can they place a lien on me when I never was involved with the company?
Is the lien enforceable on me? If so, why hasn't anything happen to me regarding the lien?
What should I do?
How long can the lien remain?

Thanks for any help.

You were involved with the company, you were an officer. States/cities tend to go after officers if taxes remain unpaid. Check your credit report to see if a lien shows there.

 

[beardeus]

Hi and thanks for replying.

I am an officer even if I never signed any legal documents and never was paid one cent from the company? What if they put someone like Bill Gates as the treasurer? Would he be liable?

I'm not trying to be an ass. I am just really confused how they can go after me if I signed nothing.

Remember, I never worked for the company.

 

[LdiJ]

Hi and thanks for replying.

I am an officer even if I never signed any legal documents and never was paid one cent from the company? What if they put someone like Bill Gates as the treasurer? Would he be liable?

I'm not trying to be an ass. I am just really confused how they can go after me if I signed nothing.

Remember, I never worked for the company.

If your mother put you down as treasurer, without your consent, then that would be your defense if you ever have to deal with this in court.

 

[beardeus]

If your mother put you down as treasurer, without your consent, then that would be your defense if you ever have to deal with this in court.

Okay. Do you know how long they have to seize assets of mine? I don't really have any except for what's in my bank account. My house is under my wife's name. Why haven't I heard from them? Do they assume it is a failed business that they'll never recover taxes from? I am going to check my credit report pretty soon.

Thanks again for your help.

 

[justalayman]

In 2007 they placed a lien on all the "supposed" parties involved yet I have never been contacted about the lien.

so, have you discovered this lien or are you simply asking "what if"?

 

[beardeus]

so, have you discovered this lien or are you simply asking "what if"?

It is on the county's website as a lien. It says "Unofficial Document" on the actual document. Not sure if that means anything. It was filed in 2007.

 

[LdiJ]

It is on the county's website as an "Unofficial Document". Filed in 2007.

Again, check your credit report(s).

 

[justalayman]

Ok, a lien is applied to something. What have they placed the lien against?


I would also start researching your mother's filings concerning her business. I agree that if you really weren't associated with the business it should not be possible to go after you for the taxes but when you say this:

I was roughly 18 and was interested in finance so she put me down as the treasurer yet I never, ever signed any legal documents.

what would be the relevance of your interest in finance and the treasurers appointment if you did not intend on being involved with the business? I think you might have signed something and do not recall signing it.

 

[beardeus]

Ok, a lien is applied to something. What have they placed the lien against?


I would also start researching your mother's filings concerning her business. I agree that if you really weren't associated with the business it should not be possible to go after you for the taxes but when you say this:

what would be the relevance of your interest in finance and the treasurers appointment if you did not intend on being involved with the business? I think you might have signed something and do not recall signing it.

It was just a very, very small restaurant. I was interested in finance and had planned to go to school to major in finance. It wasn't a very well organized business. My mother, no offense mom, had no idea what she was doing when it came to running a business nor do I. I was going to sign the document but my dad talked me out of it but that's where it becomes fuzzy. I don't remember signing and had reservations to do so but my name might have just be inserted as the treasurer and nothing more.

I made zero dollars there because I didn't work there. From time to time it worries me. I have had enough of my own financial headaches in my life. I just checked the credit report and nothing shows up.

As for the lien, it doesn't say that it has been placed on anything. Just City of Mesa, municipality vs the different parties involved.

 

[beardeus]

The lien was placed on "all real and personal property". If this is the case why haven't they contacted me or tried to garnish my wages? I know my ex brother-in-law is on the lien and he also came into some money. Is it possible they grab some of it when his father passed away? How do you know if a lien is still active?

Thanks.

 

[justalayman]

Not making any money, and actually not even working there, does not make a difference other than, if you had, it is harder to deny the appointment.


the lien isn't on nothing; it is on everything.


I would do some research with mom's filings. Maybe you signed it, even though you didn't sign it, if you catch my drift.

 

[beardeus]

Not making any money, and actually not even working there, does not make a difference other than, if you had, it is harder to deny the appointment.


the lien isn't on nothing; it is on everything.


I would do some research with mom's filings. Maybe you signed it, even though you didn't sign it, if you catch my drift.

I do but so why haven't they come after me yet then? How would I know if it still exists? Why isn't on my credit report? Why haven't I been contacted by collection agencies?

 

[beardeus]

One more thing. I know my dad has a lien on his house because of my mom's failed restaurant. They divorced and he never took her off of his home.

 

[justalayman]

I do but so why haven't they come after me yet then? How would I know if it still exists? Why isn't on my credit report? Why haven't I been contacted by collection agencies?

if the gov places a tax lien, most states I am aware of, they do not hire a collection agency to collect. They simply place the lien and when they can grab the money, they do.

No reason for it to be on your credit report. It is not a judgment nor is it a debt such as it would be reported to the CRA's. I am not aware of any municipality that reports debts to CRA's.