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W-9 required for reimbursement awarded by small court
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Leonard S.
May 28, 2022, 1:03:13 PM5/28/22
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Being not informed about a class action case, I filed a case in a small court. The amount is what I paid for the defective product, plus court costs. Most of the judgement was paid by the class action awards administrator, and no tax form was requested. The balance is not contested by the defendant but they insist on me filing W-9 "because it's always done this way". IRS's instruction says W-9 should be filed where earnings, not reimbursements are involved.
What is the best way to resolve this? The payer is one of the top companies by capitalization, and they have only a general e-mail address for small court cases where a low-level employee is instructed not to deviate from the rule.
What is the best way to resolve this? The payer is one of the top companies by capitalization, and they have only a general e-mail address for small court cases where a low-level employee is instructed not to deviate from the rule.
Stuart O. Bronstein
May 29, 2022, 12:54:13 AM5/29/22
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Form 1099-K even in situations where the money they pay will not be
taxable.
If you don't want to have to sue them again, send them the W-9. If
they send you a 1099-K, you can ignore it. If they send a 1099-Misc
(which they shouldn't), then send a note to the IRS with your return
saying why you didn't include that money on your return.
--
Stu
http://DownToEarthLawyer.com
Barry Gold
May 29, 2022, 12:54:51 AM5/29/22
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On 5/28/2022 10:03 AM, Leonard S. wrote:
> Being not informed about a class action case, I filed a case in a small court. The amount is what I paid for the defective product, plus court costs. Most of the judgement was paid by the class action awards administrator, and no tax form was requested. The balance is not contested by the defendant but they insist on me filing W-9 "because it's always done this way". IRS's instruction says W-9 should be filed where earnings, not reimbursements are involved.
>
> What is the best way to resolve this? The payer is one of the top companies by capitalization, and they have only a general e-mail address for small court cases where a low-level employee is instructed not to deviate from the rule.
IANAL, but I would treat it the same way you would any other case where
> Being not informed about a class action case, I filed a case in a small court. The amount is what I paid for the defective product, plus court costs. Most of the judgement was paid by the class action awards administrator, and no tax form was requested. The balance is not contested by the defendant but they insist on me filing W-9 "because it's always done this way". IRS's instruction says W-9 should be filed where earnings, not reimbursements are involved.
>
> What is the best way to resolve this? The payer is one of the top companies by capitalization, and they have only a general e-mail address for small court cases where a low-level employee is instructed not to deviate from the rule.
the defendant doesn't pay:
There's a procedure where you ask for a list of assets that might be
used to pay the judgment. Ask the clerk how to file for that.
When you get the list of assets, request a lien on one of them. Or you
could skip the first step and ask the court to put a lien on their
corporate headquarters or any other piece of property that they own.
(Maybe the CEO's desk?)
When the notice of lien arrives, one of two things will happen:
1. They arrange to pay you in return for a release of the lien (this has
to happen in person so that neither party can renege)
2. They contest it in court. Then you get to ask them -- under oath --
why they haven't paid.
It seems like a lot of work for a (presumably) small amount of money,
but think of the entertainment value!!
And I bet they'll fix that employee's instructions!!
--
I do so have a memory. It's backed up on DVD... somewhere...
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