Legal Question in Consumer Law in North Carolina

can a county ems take a state tax refund if a bill was owed from 2006? they just did it this year. we called back in 2007 when we got the bill and questioned then why our insurance was not filed? they stated they filed the wrong insurance. i advised them then that i work in a business office at a hospital and know they call us all the time to get insurance info. i talked with this office twice and the second time i told them they would have to do a untimely filing adjustment and i never heard anything back from them until now when i called to find out why our tax return was taken. they advised me that they had to wait until we got a refund in order to get this. we have gotten a refund every year since 2006 and no one has ever said or did anything until now. my husband had a heart attack and the hospital that he was taken to was paid in full due to deduct being met. i am very concerned and confused as to how this can happen 7 years later. can you help?


Asked on 3/05/13, 1:07 pm

1 Answer from Attorneys
Lynn Coleman Attorney-Mediator

County ambulance services can intercept tax refunds under NCGS 44-51.4. The past due bill is treated like an unpaid tax. Your husband should have been served several notices before this was done. I am not a tax lawyer but I believe the statute of limitation for unpaid taxes is 10 years from the date the tax is due under NCGS 105-378. You should consult a tax advisor or tax attorney for a specific answer to your question.

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Answered on 2/25/14, 7:16 pm


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