Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > MARYLAND > Maryland Parole, Probation, Work Release, Halfway Houses & Community Service
Register Entertainment FAQ Calendar Mark Forums Read

Maryland Parole, Probation, Work Release, Halfway Houses & Community Service All information & questions relating to parole, probation, half-way houses or release in Maryland should be posted here.

Reply
 
Thread Tools Display Modes
  #1  
Old 05-05-2015, 10:56 AM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default Maryland took tax refund for old MD probation fees.

My son was locked up for 5 years and has been out for 9 months he immediately started working. He just got notice that Maryland took his tax refund and paid it to division of probation which they say he owes close to $1800 to for the probation he was on when he was sent to jail. Is this correct he called his current PO and they said they would research the matter. Thanks for any info.
Reply With Quote
Sponsored Links
  #2  
Old 05-05-2015, 11:12 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,749
Thanks: 12,241
Thanked 5,993 Times in 3,116 Posts
Default

Did he owe the money? If so then yes they can take his tax check.
Reply With Quote
  #3  
Old 05-05-2015, 11:16 AM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default

Quote:
Originally Posted by xolady View Post
Did he owe the money? If so then yes they can take his tax check.
He was on probation when he was sent to prison for 5 years. So they are charging him the probation fees even though he was locked up?
Reply With Quote
  #4  
Old 05-05-2015, 11:43 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,749
Thanks: 12,241
Thanked 5,993 Times in 3,116 Posts
Default

Was he all caught up on his fees when he went to prison? If he owed money they can collect it, if not he needs to see what he can do about getting this straightened out.
Reply With Quote
  #5  
Old 05-05-2015, 12:53 PM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,053
Thanks: 48,179
Thanked 23,297 Times in 13,385 Posts
Default

He should request a written accounting of what MD says he owes. Those things never go away. They continue to increase with interest and whatever fees the law allows MD to add until they are paid in full. And yes, federal law allows the IRS to pay his tax refund to some government agencies and if it was a MD State tax refund that was taken, I'm sure they can do it too.

Hint, he can adjust his tax withholding so it equals his expected tax bill at the end of the year. Zero refund due, zero attachment. His take home pay will be increased by the savings in the amount he has withheld. The IRS instructions for federal income tax withholding are included on the Form W-4, the form he files with his employer to tell them how much tax to withhold.

http://www.irs.gov/pub/irs-pdf/fw4.pdf
__________________

Last edited by fbopnomore; 05-05-2015 at 01:41 PM..
Reply With Quote
  #6  
Old 05-05-2015, 04:19 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator
Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,936
Thanks: 43,643
Thanked 36,471 Times in 16,814 Posts
Default

Something's not right. Once convicted / sent to prison all probation fee's should stop. Keep at it, don't give up. IMHO, he's entitled to that money provided that's not what he owed before his mandatory PO appts stppped.
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
  #7  
Old 05-05-2015, 05:42 PM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default

Thank you everyone for your responses. He was on probation and violated about 2 weeks into it and was thus sent to jail.
Reply With Quote
The Following 2 Users Say Thank You to jeanies For This Useful Post:
fbopnomore (05-06-2015), patchouli (05-05-2015)
  #8  
Old 05-05-2015, 06:48 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,108 Times in 6,008 Posts
Default

Confused...title of thread (which was moved from another one) says the IRS kept the refund and applied it to State debts. However, this appears to actually be a State refund that was seized. The entity in question makes a huge difference here...

Outstanding fees that were owed at the time of revocation are still owed unless the judgment revoking supervision expressly relieved the defendant of those obligations. As such, they will appear in the State databases and States that have their own income tax will seize refunds to pay obligations to the State. The feds generally cannot seize a federal refund for a State obligation...which is WHY it is essential to know the agency involved here.
Reply With Quote
  #9  
Old 05-05-2015, 06:59 PM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default

The state of Maryland seized his Maryland state tax refund and turned it over to a collection agency to pay probation costs. He was on probation for about 2 weeks and then went to prison for 5 years and it appears he still owed probation fees for his 3 yrs that he would have been on probation had he been home. Wow
Reply With Quote
The Following User Says Thank You to jeanies For This Useful Post:
fbopnomore (05-06-2015)
  #10  
Old 05-05-2015, 07:04 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,108 Times in 6,008 Posts
Default

Quote:
Originally Posted by jeanies View Post
The state of Maryland seized his Maryland state tax refund and turned it over to a collection agency to pay probation costs. He was on probation for about 2 weeks and then went to prison for 5 years and it appears he still owed probation fees for his 3 yrs that he would have been on probation had he been home. Wow
Was the probation revoked to the pen time or was it a separate offense that continued to run while serving the sentence in prison?

Yes, it is relevant...
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
jeanies (05-06-2015)
  #11  
Old 05-05-2015, 07:10 PM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,749
Thanks: 12,241
Thanked 5,993 Times in 3,116 Posts
Default

Having been on probation I know mine work like this. I had I think $850. in fines/costs then on top of that a monthly cost of supervision. Regardless of how long I was on probation I had to pay that initial $850. or you go to jail. The 30 a month cost of supervision only went on as long as I was on probation. But this is Florida I'm talking about.
Reply With Quote
The Following User Says Thank You to xolady For This Useful Post:
jeanies (05-06-2015)
  #12  
Old 05-05-2015, 07:34 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator
Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,936
Thanks: 43,643
Thanked 36,471 Times in 16,814 Posts
Default

If probation was ended by a revocation and state time, those fees are not due. Only the fee for the time on probation is collectible. I'm not an attorney; I'm in a different state; but if he was sentenced he was no longer on "probation." IMHO.

Personally, I'd pursue it.
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
The Following User Says Thank You to patchouli For This Useful Post:
jeanies (05-06-2015)
  #13  
Old 05-06-2015, 06:44 AM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default

He called his current PO to see if he can find the answer, doubt that will go far. I wonder if the attorney he had at the time would be of help?
Reply With Quote
  #14  
Old 05-06-2015, 06:52 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,749
Thanks: 12,241
Thanked 5,993 Times in 3,116 Posts
Default

Quote:
Originally Posted by jeanies View Post
He called his current PO to see if he can find the answer, doubt that will go far. I wonder if the attorney he had at the time would be of help?
Just an idea call the clerk of the courts and ask they might have the answer. I had a warrant for unpaid court fee's, the judge waived all fee's due to being disabled. Anyway I had to get copie of the order and get this entered and the warrant lifted.
Reply With Quote
The Following User Says Thank You to xolady For This Useful Post:
jeanies (05-06-2015)
  #15  
Old 05-06-2015, 07:20 AM
fbopnomore fbopnomore is offline
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,053
Thanks: 48,179
Thanked 23,297 Times in 13,385 Posts
Default

His federal income tax refund, if any, may be at risk too. I wasn't sure what was already attached, but as I said, the IRS can collect for state governments too, for things like child support and a few other debts.

http://www.irs.gov/taxtopics/tc203.html
__________________
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
jeanies (05-06-2015)
  #16  
Old 05-14-2015, 06:54 AM
jeanies jeanies is offline
Registered User
 

Join Date: Oct 2009
Location: USA
Posts: 101
Thanks: 193
Thanked 214 Times in 59 Posts
Default

As usual with the system he is getting the run around trying to find how to resolve the situation. His lawyer at the time of his incarceration did however tell him that he indeed should not have been charged for the probation while he was in prison. She gave him some phone numbers, but it has yet to be resolved so still trying.
Reply With Quote
The Following User Says Thank You to jeanies For This Useful Post:
patchouli (05-14-2015)
  #17  
Old 05-14-2015, 06:54 PM
patchouli's Avatar
patchouli patchouli is offline
PTO Administrator
Donation Award 
 

Join Date: Sep 2006
Location: Kentucky
Posts: 42,936
Thanks: 43,643
Thanked 36,471 Times in 16,814 Posts
Default

Don't give up...get discouraged if need be, but then just get determined to not let them win
__________________
prisontalkhelp@gmail.com

patchouli, PTO Admin



Reply With Quote
  #18  
Old 05-14-2015, 08:03 PM
klw9653 klw9653 is offline
Registered User
 

Join Date: Jun 2011
Location: MD USA
Posts: 2,472
Thanks: 1,992
Thanked 2,815 Times in 1,291 Posts
Default

My son got a letter last year from the state probation office that said he was behind on paying his probation fees. He wasn't. He had to pay to do a trace back on the money orders to prove he had been paying and he wasn't behind.
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Probation fees. jessbrookex Probation, Parole & Supervision 3 10-26-2012 11:00 AM
Probation fees while on unsupervised probation? satchimosmom Probation, Parole & Supervision 3 09-21-2011 11:45 AM
Not being able to pay probation fees, what can happen? djchitown Illinois Parole, Probation, Work Release & Community Service 1 10-16-2009 02:18 PM
dispute refund for connect fees when disconnected heart alone Federal Prison Visitation, Phones, Packages & Mail 0 03-11-2009 10:38 PM
Can I get a refund on attorney fees? Confused8 Prison & Criminal Legal Help! 5 02-19-2009 01:10 PM


All times are GMT -6. The time now is 04:56 AM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics