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'under protest'

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Latest post Thu, Aug 31 2006 11:55 AM by adjuster jack. 3 replies.
  • Tue, Aug 29 2006 4:33 PM

    Idea [I] 'under protest'

    slightly new tact.....

    does writing "under protest" on a check (such as a property tax check) preserve any legal rights, such as being able to file suit against that portion that was remitted 'under protest'?

    This to me seems to be the safer, wiser choice.

    Does a township have the ability to refuse such a check??
  • Wed, Aug 30 2006 10:16 AM In reply to

    • LisaQ
    • Top 50 Contributor
    • Joined on Thu, Nov 11 2004
    • Posts 2,304

    re: 'under protest'

    I’d suggest that you research your State’s tax law statutes. I don’t know about NJ, but here in Calif. the Tax Collector doesn’t accept partial payments, unless the taxes are in default and they set up a payment plan, which can be done only once. So don’t be surprised if your township refuses a partial payment.

  • Wed, Aug 30 2006 1:13 PM In reply to

    not a partial payment

    Sorry if I gave the wrong impression....

    I am talking about making my FULL payments. Seems smarter to me to pay the bill and THEN sue for "services billed and not delivered". Not paying can leave someone on very shaky ground.

    BTW: NJ tax law required taxes up to date BEFORE you can challenge anything (assesments etc.) in 'Tax court'. (Not where I would necessarily go tho).

    I have been researching for most HOA assesments (fines, liens, dues etc.) that people sue over also require they 'pay it first' (or lose their home..yikes). There the standard practice seems to be when paying they write "under protest" on the actual check. Not sure how this preserves any legal right to sue later or not (and like you said differing states, etc.), but had though the idea was relevant, and at the very least could cause some at town hall to become aware of the potential liabilities or loss of revenue they may incur.

    Even if it means nothing legally, could the town refuse to accept 'the full payment check' with this written on it?? For sure when "they ask" my reply would be something to the effect of "just noting on the check that I am submitting payment under protest, and 'may' decide to at a future date sue the township with regards to this collection.

    do you see anything wrong with this??
  • Thu, Aug 31 2006 11:55 AM In reply to

    re: not a partial payment

    Writing "under protest" is absolutely meaningless.

    Plus, there is nothing anywhere that says you have to pay before you can sue.

    If somebody sends you a bill for 1000 and you disagree with you can immediately sue for the 1000, go to court, prove you don't owe it, and ask for a declaratory judgment that you don't owe it.

    Where people make their mistake is that they don't have a clue as to how to do that. They argue, dispute, and complain while the other party (the HOA, tax dept, creditor) is already taking steps to collect the debt.

    Then they end up paying after all the damage is done.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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