Legal Question in Civil Rights Law in Minnesota

A few hours on the same day we met to go over my 2009 & 2010 taxes, I instructed her NOT to do 2010. She said my 2009 would cost me a little more than she originally quoted, she didn't say how much, so I was worried about that additional expense. I told her I was going to take my 2010 taxes to a free agency to take care of. She didn't respond until 3 days later, asking me multiple questions about my returns, indicating she had just started working on them. She kept ignoring all my instructions & requests ~ 1) NOT to do my 2010 returns 2) let me know how much 2009 returns will be since she indicated they would be more than the original quote she gave me 3) I preferred to send her check via mail, she could wait until it cleared, then send me the tax package. She refused my initial offer to pay her upfront when we met. I offered to meet her in person with cash. She said she would only do COD, which I only agreed to IF the amount would only be $2-3 more, after she persistently gave me no other options.

In every email we sent back & forth to each other the next 2 days, I mentioned in every single one, these instructions which she continually ignored and never acknowledged. She kept asking questions about both tax years, I was cooperative and answered all her questions. In every email, I also kept telling her NOT to do 2010 taxes, but she ignored that request and continued to ask me questions. 2 days prior to her mailing the package (so that I could sign them), I told her to hold off on mailing it because I'd contacted the IRS & found more items that needed to be included on my tax return. She never asked what those items were. She said it was too late and they'd be in the mail the next day. She went ahead and did the 2010 tax return when I told her not to. And, I stated that I did not want to do COD but she did anyway.

In my last email to her the day before, I said I would send her a check, she could wait until it clears, then she could send the package. She told me several things I could not deduct, but found that I could ~ and I filed my tax returns with another company and have proof of all those items that I indeed could include on my taxes. I have all the emails and text messages as proof of all this.

Now she wants to sue me, threatens to garnish my wages, that she'll attach my paycheck to the judgement because she insists she will win & I don't have a leg to stand on, that it could hurt my employment, that she did the tax returns accurately (I can prove she didn't), that she mailed them before she got my messages (which isn't true ~ she purposely ignored ALL my messages & instructions ~ I have all the emails & texts as documentation). I have documentation from the post office with dates/times when she actually mailed the package. I sent her an email telling her I had proof/documentation and she sent an email back insisting that I am in the wrong and that she is still going to sue me. And, she stated the returns are completely accurate and if I don't want to be sued additionally for defamation that I will not make any claims that the returns I have not yet seen are inaccurate nor that I was negligent. (The COD package was sent back to her post office). She doesn't know that I already filed both tax returns and have received most of my refunds, which will show more proof of all the things she inaccurately stated and missed on my returns.

The things she said I wasn't eligible for anymore and/or could not include in my taxes were 1) 2009 property taxes (I already received my refund) 2) Medical prescriptions & co-pays. 3) She included charitable mileage, but I found you can't include those if you're only dropping off the goods. 4) She said I needed to do extensions, but I called the IRS and you don't need to if you're getting a refund. 5) She was in a hurry to get them mailed & assumed I would be charged penalties, but I called the IRS. If you're getting a refund you have 3 years to file to get that refund.


Asked on 8/03/11, 9:49 pm

1 Answer from Attorneys

Landon Ascheman Ascheman Law

That is a very interesting situation. Unfortunately, you didn't include any question in your statement. However, I can tell you that I can see no civil rights claim based on the information you provided.

It is possible that you will need an attorney in regards to a contract dispute, which is not a civil rights issue. I would suggest contacting an attorney that practices contract disputes or civil litigation if you are concerned about this issue.

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Answered on 8/03/11, 11:29 pm


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