Peter
Salem,#2Author of original report
Mon, February 18, 2008
When filing in court the amount you are seeking determines where to file. For small claims it can range from $1,500 up to $5,000, it will depend on your state. From the small claims maximum in your state up to $25,000, usually in district court. Beyond $25,000 in Superior court. As mentioned in my earlier post, you can represent yourself, "PRO SE", but you need to do your home work on procedures and how to writ out the complaint. It can be done. Peter Salem, MA
Peter
Salem,#3Author of original report
Mon, February 18, 2008
When filing in court the amount you are seeking determines where to file. For small claims it can range from $1,500 up to $5,000, it will depend on your state. From the small claims maximum in your state up to $25,000, usually in district court. Beyond $25,000 in Superior court. As mentioned in my earlier post, you can represent yourself, "PRO SE", but you need to do your home work on procedures and how to writ out the complaint. It can be done. Peter Salem, MA
Peter
Salem,#4Author of original report
Mon, February 18, 2008
When filing in court the amount you are seeking determines where to file. For small claims it can range from $1,500 up to $5,000, it will depend on your state. From the small claims maximum in your state up to $25,000, usually in district court. Beyond $25,000 in Superior court. As mentioned in my earlier post, you can represent yourself, "PRO SE", but you need to do your home work on procedures and how to writ out the complaint. It can be done. Peter Salem, MA
Peter
Salem,#5Author of original report
Mon, February 18, 2008
Hi Alan To answer your question, you need to ask the clerks office. This can bedone by phone. To open up another can of worms, it will dependwhether you file in smallclaims or Superior Court. I guess I've graduated, (Although I am not a lawyer), but you can file in Superior Court in your state. THis is not to be attempted by the faint harded, or if you don't want tocarried thisout to the end. You can file in Superior Court in your state, by going "PRO SE", that means representing yourself. You need to the filing fee, anywhere from $200 plus,but when you win you get reimbursed. You need file a Complaint, and follow the legal format,of title, heading and format. You can get most os this infomation off the internet, as to how. In the complaint you staate the JK Harris has violated the Federal Consumer Protection Act, (you will need tolookup the Fraud vilation and quote the article, chapter andnumber), you can also quote the statelaww that they have violated. You explain how they have violated it, and what harm they have caused you. Ask for damages, both whatyou are out, and Punitive. Ask for a jury trial. Sign it your name, PRO SE, address,phone number. They will have 20 - 30 days to answer the complaint. You may have to also fill out the form fora Summons. Send it to the Corporate office, via certified mail, return receipt. Upon return to you of the sinature, file a Certifice of Service, stating that JK Harris was properly served on such and such date. They must resond fromthatdate. JK cannot get out of this once service has been made, they must appear, or hire an attorney. This will cause JK HArris alot of pain. I believe this is why Monica linderhates me. She personally told me that" I was the most despicable person she has ever know". That was 8 years ago, and I am still haunting her. Maybe it's because I live in Salem, MA. Home of the Witches. Monica also loves my humor.
Alan
Savannah,#6Consumer Comment
Mon, February 18, 2008
I do not know the exact address of the office. It is in an office complex with several buildings and I can see it in my head but do not have the building number. It is in Princeton New Jersey and I now live in Georgia so I cannot just go look at it. I also wonder if I can file here in Georgia or if I need to file in New jersey since it happened there.
Alan
Savannah,#7Consumer Comment
Mon, February 18, 2008
I made a report elsewhere about my nightmare with J.K. Harris but since there seems to be some actual results coming from here I thought I'd ask my question here. I want to file in small claims court against J.K. but my salesman Michael Roberts and the Princeton Office I was scammed at disappeared early in my relationship with the company and long before I knew I was being duped. Any suggestions how I can do this or who I can name on the suit?
Peter
Salem,#8Author of original report
Thu, September 13, 2007
Yes I do, at Consumer Complaints.com Peter
Priscilla
Merrimack,#9Consumer Comment
Tue, September 11, 2007
Peter, sorry to hear about your boat situation.By the way, do you still have your aol email? I rather speak with you there because I know JK is watching. I do have another approach
Peter
Salem,#10Author of original report
Thu, September 06, 2007
Hi Priscilla, Sorry I haven't responded earlier, but kind of been up busy trying to get a title to a boat I bought in NY. Come to fine out the broaker never had title, now I'm stuck with a boat I can't use, or sell without a title. BUT, I served him he's in default, and I have a hearing for damages and default in October in Superior Court. Anyway, for your problem, I suggest that you try some of the People search sights on Google or Yahoo. Start with Karen Berry in Pepperell, MA. That was where she was residing, but that was in 2000. I'm surpsrised old JK hasn't moved the corproate office to NH if it's this difficult to prosicute. Good luck, Peter
Peter
Salem,#11Author of original report
Thu, September 06, 2007
Hi Priscilla, Sorry I haven't responded earlier, but kind of been up busy trying to get a title to a boat I bought in NY. Come to fine out the broaker never had title, now I'm stuck with a boat I can't use, or sell without a title. BUT, I served him he's in default, and I have a hearing for damages and default in October in Superior Court. Anyway, for your problem, I suggest that you try some of the People search sights on Google or Yahoo. Start with Karen Berry in Pepperell, MA. That was where she was residing, but that was in 2000. I'm surpsrised old JK hasn't moved the corproate office to NH if it's this difficult to prosicute. Good luck, Peter
Peter
Salem,#12Author of original report
Thu, September 06, 2007
Hi Priscilla, Sorry I haven't responded earlier, but kind of been up busy trying to get a title to a boat I bought in NY. Come to fine out the broaker never had title, now I'm stuck with a boat I can't use, or sell without a title. BUT, I served him he's in default, and I have a hearing for damages and default in October in Superior Court. Anyway, for your problem, I suggest that you try some of the People search sights on Google or Yahoo. Start with Karen Berry in Pepperell, MA. That was where she was residing, but that was in 2000. I'm surpsrised old JK hasn't moved the corproate office to NH if it's this difficult to prosicute. Good luck, Peter
Peter
Salem,#13Author of original report
Thu, September 06, 2007
Hi Priscilla, Sorry I haven't responded earlier, but kind of been up busy trying to get a title to a boat I bought in NY. Come to fine out the broaker never had title, now I'm stuck with a boat I can't use, or sell without a title. BUT, I served him he's in default, and I have a hearing for damages and default in October in Superior Court. Anyway, for your problem, I suggest that you try some of the People search sights on Google or Yahoo. Start with Karen Berry in Pepperell, MA. That was where she was residing, but that was in 2000. I'm surpsrised old JK hasn't moved the corproate office to NH if it's this difficult to prosicute. Good luck, Peter
Priscilla
Merrimack,#14Consumer Comment
Mon, September 03, 2007
Maybe NH is different.. I dont know.. according to our "town clerks" and Ive talked to a few of them.. I have NO case if the "sales person" that I put on my small claims.. claim..didnt psycially recieved the court date. Serously.. how do you do that if they dont sit still???? GGGRRRR
Peter
Salem,#15Author of original report
Mon, August 27, 2007
Hi Mare, Yes I received my money, plus court costs, interest, and the undieing hatered of Monica Linder. If you've read my other posts, you must go through small claims. The key thing is to name the (any) sales person as the co defendant. the reason being, is that JK Harris never appears, so you will win through default, they still won't pay, but you get a "Capias" 30 days later, naming the sales person. JK will pay real quick when you threaten his cash cows, (sales people). The other option is to get a "Writ of Attachnment", which will allow you to go after his check in account. However, you have to hire some one in Charleston to erve it. By the way the bank and account number would be on any canceled check you have. Peter
Mare
Poland,#16Consumer Comment
Sat, August 25, 2007
This is Mare, from Maine. They are still ignoring us and they have ignored the Attorney General's office. We could not afford to go to court yet. That is our next step, but two years later, fighting with JK Harris and even emailing Mr. John Harris, owner and founder, they ignore us!! Is it even worth it?? Very discouraged and disgusted.:( Thanks for reading and... when you answer. I have read all of the reports. I am just skeptical about whether it is worth spending more and more money and they may never pay.:( Sincerely, Mare
Peter
Salem,#17Author of original report
Fri, July 20, 2007
In Locating a particular sales person. It can be frustrating and difficult. they have learned by there mistakes. The sales person bounces from office to office, and only shows up for appointments. The important thing is to name "A" sales person in any small claims suit. the reason being is that nit doesn't matter if it isn't the sales person you delt with, when JK doesn't appear for the initial hearing, the sales person needs to be named in the "Capais" at the collection hearing, and no matter who you name, shuld by shance they show up for any hearing, they must explain why they haven't performed, of paid you your money back. Peter Salem, MA
Cindy
Las Vegas,#18Consumer Comment
Thu, July 19, 2007
Peter and all that Post, Does anyone where JK Harris salesperson Rosalie Colson might be or in what state she may be working out of? At the time I hired JK Harris she stated that she worked out of different offices in Arizona and Nevada. I think the only way I may see some of the funds stolen from me from JK Harris will be small claims. I understand that it takes a long time but it cannot be any worse than all the time I have wasted trying to get JK Harris to do the job I hired them for. Please answer if anyone has had Rosalie Colson as their salesperson and if you have any idea if she is still working for the company and where she might be located. Does anyone by chance know why there seems to be so many different toll free phone numbers for JK Harris? Are these sales people using their real names or are they aka's?
Peter
Salem,#19Author of original report
Thu, July 12, 2007
Hi Cindy sorry for your dillema, but your not alone. JK Harris has been perpetuating this scam over seven years that I know of. You don't have to wait 45 days, they have already breached the contract by nonr performance. The AG's office is useless, class action suites aren't (don't) work, JK doesn't change. You are the only one that can get your money back. I'ts a little time consuming, but usually works. First, don't frustrate yourself by trying to work with JK any more, they are just stalling. Call they IRS, and try working out a payment plan, it the amount they ask is to much, tell them it would create a "hardship". then go to the small claims court in your city, and file a claim naming JK HArris as the defendant, and the sales person as the codefendant. It is important that the sales person be named in the suite. If your don't name a codefendant, the chances of success are nil. Use the office address where you met as the serving address, and ask for the maximum allowed by law in your state for the claim, whether they owe it to you or not. When you go to the hearing JK will not appear, for then they would have to explian why they haven't performed on the contract. Ask the court to award you "Treble" damages" (3x's) the claim amount. You will win through default. JK still won't pay you, but 30 days from the hearing date you should have a collection hearing, and at that hearing you ask for a "Capia". that is an arrest warrant for the sales person to drag their a*s into court and explain why they haven't paid you. Fax a copy of that to JK Harris, and send a copy to the local office attn. the sales person, and ask where they would like it servied, home or work. You should get a check with in a week. Don't sign any non disclosure agreement to get your money, youdon't have to they are being ordered by the court to pay you. Hope this helps, Peter Salem, MA
Cindy
Las Vegas,#20Consumer Comment
Thu, July 12, 2007
Peter or Anyone Out There: Please advise and walk me through the steps of taking this company to Small Claims Court. I heard from JK Harris today stating that they would look into a refund but it could take anywhere from 30 to 45 days for an answer. I feel that they have no intention other than to waste my time. First they say send them an email requesting a refund, then in the same conversation they say send a fax and then to top it all off they tell me to mail them a letter. Which of the three do I do or do I do all of them? Again, today I get another request from my consulant asking for copies of my paycheck stubs. They were just faxed again about a week ago. The consulant stated that my paycheck stubs are what's holding up the OIC as well as the removal of the Levy against my wages. Which they were hired to do over a year and a half ago. Two days ago I gave them the direct fax number to the payroll department of the company I work for. My consulant keeps saying he has to talk to the Power of Attorney any time I ask him a question. Isn't the Power of Attorney a piece of paper? I feel that they are just stalling and trying to wear me down. After over a year and a half of this back and forth and nothing has been done I am ready to do whatever it takes to bring them before a Judge and get back whatever monies I can back. I also would like to know what if anything can be done to make the public aware of this type of pratice in order to prevent JK Harris from taking advantage of other people. At present in my area they are still running TV ads promising pennies on the dollar savings in their OIC. Do I really have to wait 30 to 45 days in order to file a suit? Who do I list in the suit? JK Harris, the salesperson, the tax consulants? Can any of the other individuals be listed as Joe Does? As it would appear that this company does not keep many of their employees for any length of time. Is there any way for me to find out if there are any other individuals or companies in my area have also fallen victim to this scam? Do I report this to the Attorney General in my area? What steps do you recommend I take firsrt? Any assistance would be greatly appreciated. Thank you for your time and any assistance that you can be in this area.
Kutay
Sanford,#21Consumer Comment
Wed, July 11, 2007
Long story short, they robbed me too.. The $500 settlement promise, unreturned phone calls, endless documents collected and send repeatedly, wasted times, more IRS penalties etc. When JK Harris sent me to the local IRS office to stamp my documents and send it back to them the, IRS officer told me what a fool I'd been and the only people they settle with are people with low incomes or people who they can not collect from within the next 10 yrs. I am healthy, I work and own my own home and I'll never be qualified with the other %1 (Read: ONE !!! )who do. All facts well known by my JK Harris "sales agent". Well I ended up refinancing my home and end up with a much higher payment because my credit is ruined due to the fact that I missed a few payments on a few things; so I can make my $303 a month JK Harris payments. As I wrote a check for over $30.000 (about $29.500 higher than JK's "rough" estimate) my hands were trembling and the dreams of putting down payments on two additional homes to start my Orlando real estate empire when up in smoke. Thank you Mr. Harris I hope you choke on the dinners you buy with the money I saved to pay you by feeding my pregnant wife Ramen noodles ( no joke).. Now comes the cherry on top.. By the time the IRS agents opened my eyes to this scam I had already given JK almost $3000. But I ate that like a good "lil" man and took it as a lesson and not make a big deal out of. I also didn't want to upset my already upset wife any further for convincing me to go with JK against my better judgment and principles... Ohh yeahh.. The cherry.. Now I am getting collection notices for an additional $1350 I should be paying JK Harris.. Are these people kidding me?? See now they are asking for it.. Peter I'll probably follow your advice and take these bottom feeders to court. Thanks for all you do..
Peter
Salem,#22Author of original report
Sat, June 09, 2007
Priscilla, Have a friend set up an appointment, specifically for Berry. Suggest they say that they were recommended. JK may (probable,), read these posts. Have your friend serve her, they can legally. Peter
Priscilla
Merrimack,#23Consumer Comment
Sat, June 09, 2007
I dont know what I am suppose to do next. I have a court date for july 3rd because I won and JK Harris hasn't paid me any money. I think I have to postpone it because I am not sure How to serve papers to the sales person if the sales person jumps from office to office and cant be found. The court needs me to varify that the sales person physically received the court order. Very tricky JK Harris for moving them around so its harder to find them. I just dont know how the people that work for that company can sleep at night knowing how many people that JK Harris is robbing from. Just amazes me. So suggestions anyone on how I can make sure the sales person gets the court order if they no longer work in the office where this whole nightmare started? Thanks! Priscilla
Priscilla
Merrimack,#24Consumer Comment
Thu, May 17, 2007
seriously...is anyone else out there having problems with small claims? The court needs verification that the "SALES PERSON" physically got the papers to appear in court. How can I do that if they arent at the office? suggestions?? Thanks
Priscilla
Merrimack,#25Consumer Comment
Thu, May 17, 2007
seriously...is anyone else out there having problems with small claims? The court needs verification that the "SALES PERSON" physically got the papers to appear in court. How can I do that if they arent at the office? suggestions?? Thanks
Priscilla
Merrimack,#26Consumer Comment
Thu, May 17, 2007
seriously...is anyone else out there having problems with small claims? The court needs verification that the "SALES PERSON" physically got the papers to appear in court. How can I do that if they arent at the office? suggestions?? Thanks
Priscilla
Merrimack,#27Consumer Comment
Thu, May 17, 2007
seriously...is anyone else out there having problems with small claims? The court needs verification that the "SALES PERSON" physically got the papers to appear in court. How can I do that if they arent at the office? suggestions?? Thanks
Peter
Salem,#28Author of original report
Wed, May 16, 2007
pRISCILLA, Whom ever your talking to at the JK Harris office is lying. The sales people don't have a specific office they work out of, they float from office to office where ever the appointment is. I don't know if you can do it, but send a certified letter to the office, return receipt requested. The reason you need the sales person in the suit is that should you get a Capias for Monica, who is out of state, it would be unenforceable. So thats why you name the local sales person. As soon as you do get a Capias with Karen Berry's name on it, fax a copy to JK's home office, and ask them where the best place to arrest the sales person would be, at home, or work. You should receive a check within a week. Peter
Priscilla
Merrimack,#29Consumer Comment
Tue, May 15, 2007
I am still very confused on what to do. I still have to serve papers to Monica and to Karen. How can I serve papers to karen if shes no longer at that branch? Do I have to do further investigation to track her at her home? And what if the court tells me SHE doesnt owe me the money so why do I have her as a co-defedant?
Peter
Salem,#30Consumer Suggestion
Thu, May 10, 2007
Hi Paul, If JK is offering you your to refund the FULL amount, take it. If they are only offering a partial refund, take them to small claims. The agrivation and costs of going after your additional costs out way the amount you may or may not collect.
Paul
Adelanto,#31Consumer Comment
Wed, May 09, 2007
Peter They offered to refund my money. However this doesnt cover my leavy fees, the money I lost or the stress. Should I make a counter offer or go to court?
Priscilla
Merrimack,#32Consumer Comment
Fri, May 04, 2007
Peter, It is very frustrating and I can see why people give up. Now, I was suppose to send the order of notice as restricted, certified mail (which I forgot to send it restricted) which means only monica and karen are allowed to sign for the letter. obviously, Karen is no longer in the bedford office for her to get the notice. So serving the papers to the office really doesnt do any good if karen doesnt get it. Now, I suppose I have to track her down in Mass, right? And refresh my memory, I am bringing Karen to court for her to explain why they havent paid me, correct? Like I said, I got alittle confused because the town clerk told me that Karen doesnt owe me the money, so theres no reason why I should of put her name as a co-defendant. I have all the time in the world, and if I have to start over again I will. I wonder if anyone else that is bringing JK to small claims is running into these road blocks like I am.
Priscilla
Merrimack,#33Consumer Comment
Fri, May 04, 2007
Peter, It is very frustrating and I can see why people give up. Now, I was suppose to send the order of notice as restricted, certified mail (which I forgot to send it restricted) which means only monica and karen are allowed to sign for the letter. obviously, Karen is no longer in the bedford office for her to get the notice. So serving the papers to the office really doesnt do any good if karen doesnt get it. Now, I suppose I have to track her down in Mass, right? And refresh my memory, I am bringing Karen to court for her to explain why they havent paid me, correct? Like I said, I got alittle confused because the town clerk told me that Karen doesnt owe me the money, so theres no reason why I should of put her name as a co-defendant. I have all the time in the world, and if I have to start over again I will. I wonder if anyone else that is bringing JK to small claims is running into these road blocks like I am.
Peter
Salem,#34Author of original report
Fri, May 04, 2007
Priscilla, They don't make it easy in NH. Just mail the notice of service to the address that you initally served them. First, JK won't appear, Karen Berry I can promise won't appear, and third, this is a NH action, it happened in NH, and the clerk isn't suppose to give out legal advise. When Karen Berry gets the papers to appear, She will start complaining to Monica, and then they send out a check. Stay the distance, you've come to far. You don't need an atttorney, your doing fine. JK knows that people get frustrated with the process, and count on them quiting. Peter
Priscilla
Merrimack,#35Consumer Comment
Thu, May 03, 2007
Peter, well I must say, good ole JK Harris sure doesnt make it easy! I stopped at the town hall to see what I do now. Another lady there told me that my case will probably be thrown out of court because I am sueing a "sales person" that doesnt physically owe me money. And if I pursue it, I will have to find her and order a notice in Mass. I am really getting confused and I wonder if it would be in my best interest to hire an attorney. HELP!!
Peter
Salem,#36Consumer Suggestion
Tue, May 01, 2007
Hi Pricilla, Karen Berry lives in the lovely town of Pepperell, Ma. Tell he hello for me. I think I was the first person to get an arrest warrant on her.
Priscilla
Merrimack,#37Consumer Comment
Sun, April 29, 2007
Peter, I Have a court date set for July 3, the town clerk told me to send the order of notice to both Monica Linder(defendant) in SC and Karen Berry (co-defendant) in Bedford, NH. as certified mail. The certified mail in Bedford, NH came back to me as undeliverable twice. I am going to dive down there tomorrow morning to see if JK Harris is still in that office. (which they were as of Feb of this year) Do you know what I do if they moved or if Karen Berry no longer works at that office and where I can find her to serve the notice? Thanks for your help!!!
Peter
Salem,#38Author of original report
Wed, April 25, 2007
Hi Pual. When you serve the papers, JK Harris is the Defendant, and the sales person is named the codefendant. The papers will go to the address where you met the sales person. Trust me they will learn of the case soon enough, you don't have to send them a seperate serving. Need help let me know. Peter Salem, MA
Paul
Adelanto,#39Consumer Suggestion
Tue, April 24, 2007
Its funny how none of ex-employees have nothing to say now! Peter, I have my court date in May. When I serve the sales person do i give him the papers for JK too? Peter your da Bomb!
Justice
Dodge City,#40Consumer Suggestion
Fri, April 20, 2007
By Michael Buettner JK Harris & Co. has agreed to pay $6 million to settle a class-action lawsuit that accused it of taking customers' money and failing to deliver promised reductions in overdue federal tax bills. The North Charleston-based company, which for years has advertised its ability to win customers IRS approval of reduced payments of income tax debt, said it agreed to the settlement to avoid the cost of a protracted legal battle. It denied any wrongdoing. Under the proposed settlement, the company would create a fund of $6 million. Customers whose claims are accepted would receive a pro-rata payment from the fund, after administrative costs and attorneys' fees are deducted. Eligible for the settlement are JK Harris customers who signed a contract for tax resolution services before March 31, 2005. The company plans to send those customers a claim form and details about how they either can join the settlement or opt out of the deal. In a prepared statement, company spokesman Josh Baker said: "JK Harris settled this lawsuit to avoid the cost and distraction of litigating class actions in multiple venues. JK Harris in no way admits liability. The company looks forward to refocusing its energy on helping its customers resolve their tax problems with the IRS." Attorneys for the plaintiffs declined to comment on the settlement before it receives final approval. A hearing for final approval is set for June 25 in Charleston County's Court of Common Pleas. If the court approves the settlement, "It is unlikely that you will receive your payment until 12 months or more after the date you send in a claim form," according to the document accompanying the claim form. Under the terms of the proposed settlement, JK Harris would pay $500,000 into the fund this year and make increasing monthly payments starting in April 2008. The fund is not projected to reach $6 million until September 2011, under the payment schedule. The court's order granting preliminary approval of the settlement noted that attorneys for the plaintiffs undertook an "in-depth review of the financial records of JKH and the JKH-related companies by a forensic accountant" and that they considered "the benefits to be obtained under the proposed settlement and have considered the financial condition, including the substantial debt of JKH and its related companies." The proposed settlement leaves unresolved an investigation of JK Harris by several states' attorneys general. Baker, the company's spokesman, said the firm is "still working toward a settlement with them. We are hopeful that will be settled very shortly." The lawsuits and attorneys general probe were sparked by consumer complaints about JK Harris' tax resolution services, which make use of an IRS program known as "offer in compromise." Under that program, taxpayers with substantial unpaid tax bills can make an offer to pay less than the amount owed, which the IRS may or may not accept. Last year, Congress passed a law that added restrictions, such as the requirement that most offers include a nonrefundable upfront payment of 20
Peter
Salem,#41Author of original report
Wed, April 18, 2007
F-Maryville, Should you take them to small claims, you will probable win through default. You "must" name a currant sales person, for 30 days after your award by the court you go back in for a collection hearing, and ask for a "Capias", naming the sales person. that is an arrest warrant to drag his a*s into court and explain why you haven't been paid. Send a copy (fax)to Monica Linder at JK Harris, and you should receive you money with in a week. Peter
F
Maryville,#42Consumer Comment
Sat, April 07, 2007
See what you think of my logic. I signed a contract with JK Harris (salesman A) based on the OIC "settlement analysis" that Clark filled out for me. He was an agent of JKH, and lied to me about 1) not needing to report a 401K worth less than $10,000 2) not needing to report my 2nd car 3) the installment agreement would be for 10 months at no interest 4) if I used him to file a LLC for my business for $500, I would never have to pay taxes. Regardless of whether he is with the company now, I still signed the contract at their place of business that is still operating at the same address. So I would name the current salesman on my small claim. I have the Tax Settlement Analysis prepared by salesman A. I have copies of everything. Back when I signed the contract, they were airing the infamous "pennies on the dollar" tv commercials. I also have a copy of the Class Action agreement that just came out where JKH is agreeing to settle. This shows they are at least admitting there was a problem with their methods. He promised me a "slam dunk" settlement for $500. There was no mention of the possibility the IRS might turn it down. This was not told to me until 6 months later by my JKH rep. I was told by salesman A that the settlement would be $500-$1000 tops, and that is why I signed the contract. I did not withhold any asset from him at my initial interview. Of course I did not withold the reporting of any asset to the IRS either! So the fact that the offer submitted by JKH was for $5500+ instead of the $500-$1000 told to me by salesman A in the tax settlement analysis would be a breach, wouldn't it? It seems to me like a "bait and switch" method. Promising me a settlement for $500 to get me to sign the contract, and then sending in an offer (which was rejected) to the IRS for $5500. And I could name the current salesman who is representing the company at the same address instead of the former one, because they are performing the same function for JKH. Even if the first one lied to me without JKH knowledge or training to do so, he was still representing their company when he signed the contract. If I did not do the small claim, then what are my chances of recovering any money from these people? If I do the class action, I'll be lucky to see a dime, I'm sure. Thanks Peter! I'm glad there are people like you giving them a dose of their own medicine!!! Continue helping people like me and making them upset! :)
Peter
Salem,#43Author of original report
Sat, April 07, 2007
F-Marysvile, You may not be able to take JK to court. You contracted for them to present an offer tot he IRS, of which they did. They cannot guarrantee that he IRS will take. Should you take them to court (Small Claims), you can argue creach of contract based on what they promised, a guarantted amount etec. Should you take them to small claims, they usually don't appear, so you win through default. Peter
Peter
Salem,#44Author of original report
Sat, April 07, 2007
F-Maryville, I would do any good to put clark's name on the suit. You need an active sales person. The reason being is that after you win through default, JK Harris still won't pay you, so you go back for a collection hearing in 30 days, and ask for a "Capias", naming the sales person. That is an arrest warrant to drag his a*s into court to tell the judge why they haven't paid. Send a copy of the Capias to JK HArris by Fax, and a copy to the sales person, and you will be paid within 5 days. Peter
Peter
Salem,#45Author of original report
Sat, April 07, 2007
F-Maryville, I would do any good to put clark's name on the suit. You need an active sales person. The reason being is that after you win through default, JK Harris still won't pay you, so you go back for a collection hearing in 30 days, and ask for a "Capias", naming the sales person. That is an arrest warrant to drag his a*s into court to tell the judge why they haven't paid. Send a copy of the Capias to JK HArris by Fax, and a copy to the sales person, and you will be paid within 5 days. Peter
Peter
Salem,#46Author of original report
Sat, April 07, 2007
F-Maryville, I would do any good to put clark's name on the suit. You need an active sales person. The reason being is that after you win through default, JK Harris still won't pay you, so you go back for a collection hearing in 30 days, and ask for a "Capias", naming the sales person. That is an arrest warrant to drag his a*s into court to tell the judge why they haven't paid. Send a copy of the Capias to JK HArris by Fax, and a copy to the sales person, and you will be paid within 5 days. Peter
Peter
Salem,#47Author of original report
Sat, April 07, 2007
F-Maryville, I would do any good to put clark's name on the suit. You need an active sales person. The reason being is that after you win through default, JK Harris still won't pay you, so you go back for a collection hearing in 30 days, and ask for a "Capias", naming the sales person. That is an arrest warrant to drag his a*s into court to tell the judge why they haven't paid. Send a copy of the Capias to JK HArris by Fax, and a copy to the sales person, and you will be paid within 5 days. Peter
F
Maryville,#48Consumer Comment
Fri, April 06, 2007
Okay, I called the JK Harris 800 number to make an appointment at my local office for next week in order to get the name of the current salesman. Unfortunately, it is NOT Jim Clark who was the guy who lied to me on several points. (Another good one he told me was after I paid the money down and set up automatic withdrawals from my checking account for 10 months... which he told me were at NO interest... he told me that if I paid him another $500, he would set up my business as an LLC, and I should never have to pay any income taxes at all!!!). I asked the guy on the phone if Jim Clark still worked there... that I heard he was really good, but the guy said that he had either left the company or gotten a promotion. I did a google search and could match his name with JK Harris currently. What would you do in my situation? Go ahead and put Jim Clark's name on my small claim, or the current salesman, trusting that they wouldn't contest it? After thinking about it further last night, I signed the actual contract with JK Harris on January 3, 2005... and I settled with the IRS in early October, 2005. Thanks for your advice!!
F
Maryville,#49Consumer Comment
Fri, April 06, 2007
Okay, I called the JK Harris 800 number to make an appointment at my local office for next week in order to get the name of the current salesman. Unfortunately, it is NOT Jim Clark who was the guy who lied to me on several points. (Another good one he told me was after I paid the money down and set up automatic withdrawals from my checking account for 10 months... which he told me were at NO interest... he told me that if I paid him another $500, he would set up my business as an LLC, and I should never have to pay any income taxes at all!!!). I asked the guy on the phone if Jim Clark still worked there... that I heard he was really good, but the guy said that he had either left the company or gotten a promotion. I did a google search and could match his name with JK Harris currently. What would you do in my situation? Go ahead and put Jim Clark's name on my small claim, or the current salesman, trusting that they wouldn't contest it? After thinking about it further last night, I signed the actual contract with JK Harris on January 3, 2005... and I settled with the IRS in early October, 2005. Thanks for your advice!!
F
Maryville,#50Consumer Comment
Fri, April 06, 2007
Okay, I called the JK Harris 800 number to make an appointment at my local office for next week in order to get the name of the current salesman. Unfortunately, it is NOT Jim Clark who was the guy who lied to me on several points. (Another good one he told me was after I paid the money down and set up automatic withdrawals from my checking account for 10 months... which he told me were at NO interest... he told me that if I paid him another $500, he would set up my business as an LLC, and I should never have to pay any income taxes at all!!!). I asked the guy on the phone if Jim Clark still worked there... that I heard he was really good, but the guy said that he had either left the company or gotten a promotion. I did a google search and could match his name with JK Harris currently. What would you do in my situation? Go ahead and put Jim Clark's name on my small claim, or the current salesman, trusting that they wouldn't contest it? After thinking about it further last night, I signed the actual contract with JK Harris on January 3, 2005... and I settled with the IRS in early October, 2005. Thanks for your advice!!
F
Maryville,#51Consumer Comment
Fri, April 06, 2007
Okay, I called the JK Harris 800 number to make an appointment at my local office for next week in order to get the name of the current salesman. Unfortunately, it is NOT Jim Clark who was the guy who lied to me on several points. (Another good one he told me was after I paid the money down and set up automatic withdrawals from my checking account for 10 months... which he told me were at NO interest... he told me that if I paid him another $500, he would set up my business as an LLC, and I should never have to pay any income taxes at all!!!). I asked the guy on the phone if Jim Clark still worked there... that I heard he was really good, but the guy said that he had either left the company or gotten a promotion. I did a google search and could match his name with JK Harris currently. What would you do in my situation? Go ahead and put Jim Clark's name on my small claim, or the current salesman, trusting that they wouldn't contest it? After thinking about it further last night, I signed the actual contract with JK Harris on January 3, 2005... and I settled with the IRS in early October, 2005. Thanks for your advice!!
F
Maryville,#52Consumer Comment
Fri, April 06, 2007
Hi Peter. I have a question, because you seem very knowledgeable. I signed a contract with JKH in late 2004, and the sales guy promised me a OIC for $500, and said it was a slam dunk. He told me I didn't need to report my 401K on his form because "you don't have to report 401K's to the IRS if they are worth less than $10,000" (Mine was worth around $9000 at the time. And he told me I didn't need to report my extra car, because it wasn't worth that much. Needless to say, JKH used all the info I sent them and sent the IRS an offer for $5500 instead of $500. The IRS rejected it. Instead of using JKH to file an appeal, I dealt with the IRS myself. They accepted an offer of $6800, which I paid. I never asked JKH for a refund, but I did send them a letter that I wasn't very happy. I received my class action settlement offer yesterday, and decided to pursue this on my own instead of joining a class action where only the lawyers get paid. My question for you is... is there a statute of limitations for something like this in Tennessee? I wouldn't think late 2004 would be in danger of being past the statute. Also, what if the original salesman is not in the office where I first appeared? Do I name him as codefendant anyway? (I need to call the phone number and make an appointment with JKH to see what the name of the current salesman is, I guess?) Your advice will be appreciated. I could really use my $2650 at this point of my life!!!! Thanks! Doug - Tennessee
Priscilla
Merrimack,#53Consumer Comment
Wed, April 04, 2007
Laurie, Im sorry to hear about their situation. It really frustrates me when I hear what JK Harris is doing and just doesnt care who they hurt along the way. Follow Peters advice. Bring them to small claims court. Its a very long process, but I know I will eventually get the money. I have been awarded through the court over $5,000.00. Took 30 days from when I filed to the court (to see if they respond) which they didnt, so they were in default and I won. the court sent them a letter saying they have 30 days to send me the money. Well, its almost 30 days and of course I wasnt expecting them to pay. Which they havent yet. So it looks like I will have to go to court and ask for a hearing for them to pay. I know that will be another 30 days. It is very time consuming though and I really dont think theres a fast way of getting a refund for her. Good luck, look at my previous postings because I had a lot of questions along the way of filing small claims and Peter is very helpful! Thank you Peter again! I am sure I will have more questions for you as time goes by.
Peter
Salem,#54Author of original report
Wed, April 04, 2007
Hi Laurie, First, go to the IRS, and explain the circumstances and tell them that the lien has created a "hardship", and be sure to use that word. Next, file a claim in small claims court in your sate, and ask for the maximum amount allowed by law, even if it exceed the amount owed to you. Name JK Harris as the defendant, and the sales person that took their money as codefendnat. use the address where they met as the serving address. When you go to the court hearing, ask for "TReble "damages, (3x's) the amount. You should win through default, for JK Harris never appears, for if they do they would have to explain why they haven't performed. If you wait on JK Harris to send you money, it will never happen, unless forced by the court. They will give you all kinds of excuses, and continue to stall. Just read the previous posts. If you need additional assistance, post and let me know. Peter Salem, MA
Lisa
Phoenix,#55Consumer Comment
Tue, April 03, 2007
OK, everyone, I need to consolidate all these suggestions and get a case going for a family I am trying to help. An elderly couple on welfare of whom the husband was terminally ill with cancer, has a tax lien of about $50,000 on their property (which is in error but that's another story). JK Harris told them that, for $1,800, they would make that entire lien "go away." They were estatic since they are desperate to sell or refinance the property. They drained what tiny amount they had in savings and paid JK Harris $750.00. JK Harris said they could start their case with that deposit. Well, as you can guess, instead of "starting their case", JK Harris has only called them monthly to harass them for more money. NOW they have sent them to "collections" which turned out to be their OWN internal collections department! The husband has since died and the wife, in her mid 70's, frail and on a very low income, is left with both the huge tax lien and "collection" calls from JK Harris. I am interceding on their behalf and faxed an angry letter to JK who now has sent my refund request to their "Oversight Department" who has told me also that "it will be 30-45 days before they have an answer." Now I've read on this site that this is just a stall tactic and this family will never see its refund. SO....is this the course I should take? 1) File an immediate complaint with the state attorney general. 2) File a fraud complaint with my state congressmen and senators and the governor. 3) File civil suit against JK. My concern about this one is that the family can not afford an attorney and I am not in a position to do the paperwork and provide the funds it takes to do the work for this. Any suggestions? I need to get this $750 back to the family ASAP. What else can I do? Have I missed anything? Please advise. Laurie Phoenix, AZ
Peter
Salem,#56Consumer Suggestion
Thu, March 29, 2007
Hi Priscilla, Well, your almost there. Hopefully you will receive treble damages, and even then JK won't pay. You will have to go into court again, and ask for a "Capias naming the sales person in the warrant. The Capias is an arrest warant to drag his a*s into court to tell the judge why JK hasn't paid you. Send a copy to their sales office and fax a copy to JK corporate. enclose a cover letter asking them wher it be most conveint to be arrested, work or at home. JK will fall all over themselves to get you a check. Don't sign any non disclosure agreement. You don't have to, the court is ordering them to pay. Monica Linder loves me from JK Harris. I once told her that I would be her worst night mare. I know I have cost them alot of money in the order of refunds.
Peter
Salem,#57Consumer Suggestion
Thu, March 29, 2007
Hi Priscilla, Well, your almost there. Hopefully you will receive treble damages, and even then JK won't pay. You will have to go into court again, and ask for a "Capias naming the sales person in the warrant. The Capias is an arrest warant to drag his a*s into court to tell the judge why JK hasn't paid you. Send a copy to their sales office and fax a copy to JK corporate. enclose a cover letter asking them wher it be most conveint to be arrested, work or at home. JK will fall all over themselves to get you a check. Don't sign any non disclosure agreement. You don't have to, the court is ordering them to pay. Monica Linder loves me from JK Harris. I once told her that I would be her worst night mare. I know I have cost them alot of money in the order of refunds.
Peter
Salem,#58Consumer Suggestion
Thu, March 29, 2007
Hi Priscilla, Well, your almost there. Hopefully you will receive treble damages, and even then JK won't pay. You will have to go into court again, and ask for a "Capias naming the sales person in the warrant. The Capias is an arrest warant to drag his a*s into court to tell the judge why JK hasn't paid you. Send a copy to their sales office and fax a copy to JK corporate. enclose a cover letter asking them wher it be most conveint to be arrested, work or at home. JK will fall all over themselves to get you a check. Don't sign any non disclosure agreement. You don't have to, the court is ordering them to pay. Monica Linder loves me from JK Harris. I once told her that I would be her worst night mare. I know I have cost them alot of money in the order of refunds.
Peter
Salem,#59Consumer Suggestion
Thu, March 29, 2007
Hi Priscilla, Well, your almost there. Hopefully you will receive treble damages, and even then JK won't pay. You will have to go into court again, and ask for a "Capias naming the sales person in the warrant. The Capias is an arrest warant to drag his a*s into court to tell the judge why JK hasn't paid you. Send a copy to their sales office and fax a copy to JK corporate. enclose a cover letter asking them wher it be most conveint to be arrested, work or at home. JK will fall all over themselves to get you a check. Don't sign any non disclosure agreement. You don't have to, the court is ordering them to pay. Monica Linder loves me from JK Harris. I once told her that I would be her worst night mare. I know I have cost them alot of money in the order of refunds.
Priscilla
Merrimack,#60Consumer Comment
Thu, March 29, 2007
well..here I am..still waiting for my 30 days to be up.. I was awarded,through the court,over 5,000.00. You would THINK..that JK HARRIS'S "people" (which I am SURE they are watching this site) that....they would send me that check...hmmmmm..STILL have not seen ANY money...soooo patience is a virtue. I am NOT giving UP! I have a week to go, and I WILL ask for treble damages, they made my life WORSE than BETTER! and the judge will see that, I have ALL documentations! anyways....just to ask a question to Richard Berry, who posted.blah blah blah...to this website.. what was that all about????????? You wanted to make a point...I think... The whole article meant to me...you were trying to make a point (I think I our favor). The whole article was repeated crap. You want to say something, then talk..just dont post legal crap that no one understands than you legal people. BE REAL!!!
Don
Coon Rapids,#61Consumer Suggestion
Sat, March 17, 2007
I have posted a couple times over the last few months on my experience with JK Harris. I was rather upset a couple months ago and beginning to seriously doubt that JK Harris would be able to settle this debt based on responses from the IRS and the good people who post on this site. However, I received a letter today from the IRS accepting my Offer In Compromise. I understand the frustration of not having your tax matter settled the way you would like. I've been going through this for 4 years. Please keep in my a few simple things.... #1) In order for an Offer In Compromise to be accepted you must be current filing for at least 3 years. #2) The IRS has standard deductions for allowable expenses (housing, food, clothing, shelter etc...) that they compare to your actual expenses and your income. If your expenses go over the allowabe it is considered expendable income to pay your debt to the IRS. The information is on the IRS website. #3) You must file ALL required and requested paperwork with the IRS to have an offer considered. I mean ALL. If you are missing ANY documents they ask for, your offer will be DENIED. Period. I've been through the ringer on this deal and I didn't get the exact OIC that JK Harris said I would, but I did save more than $20,000 when it's all said and done. JK Harris settled my taxes with the IRS and worked an OIC to my benefit. Do your homework before you attempt an OIC with the IRS. It's not for everyone. It's for the low income and poor people who don't own anything to sell and can't pay their debt. If you own a home, property, more than one vehicle, or have other liquidable assets, you WILL NOT QUALIFY. This is fact regardless of what JK Harris or any other tax resolution company says.
Justice
Dodge City,#62Consumer Comment
Sat, March 17, 2007
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION CATHY HOUSH, individually and in a representative capacity on behalf of all others similarly situated, Plaintiff, v. Case No. 07-171-CV-W-HFS JK HARRIS & COMPANY, LLC, a South Carolina Limited Liability Company, d/b/a JK Harris Financial Services, d/b/a JK Harris Financial Advisors, d/b/a/ JKH Holding Co., JK HARRIS DEBT NEGOTIATION SERVICES, LLC, a South Carolina Limited Liability Company JK HARRIS FINANCIAL RECOVERY SYSTEM, LLC, a South Carolina Limited Liability Company, JK HARRIS SMALL BUSINESS SERVICES, LLC, a South Carolina Limited Liability Company,and JK HARRIS ADVISORS, LLC, a South Carolina Limited Liability Company, Defendants. COMPLAINT The Plaintiff, Cathy Housh, by and through counsel, Theodore J. Lickteig and Richard L. Berry, states as her Complaint as follows: PARTIES, JURISDICTION AND VENUE 1. The Plaintiff Cathy Housh is an individual who resided at all times material hereto in the state of Kansas. 2. The Defendant JK Harris & Company, LLC, is a South Carolina Limited Liability Company, doing business as JK Harris Financial Services, doing business as JK Harris Financial Advisors, and doing business as JKH Holding Co., is registered to do business in the state of Missouri and may be served process through its resident agent C T Corporation System, 120 South Central Avenue, Clayton, Missouri 63105. 3. The Defendant JK Harris Debt Negotiation Services, LLC, is a South Carolina Limited Liability Company, is registered to do business in the state of Missouri and may be served process through its resident agent C T Corporation System, 120 South Central Avenue, Clayton, Missouri 63105. 4. The Defendant JK Harris Financial Recovery System, LLC, is a South Carolina Limited Liability Company, is registered to do business in the state of Missouri and may be served process through its resident agent C T Corporation System, 120 South Central Avenue, Clayton, Missouri 63105. 5. The Defendant JK Harris Small Business Services, LLC, is a South Carolina Limited Liability Company, is not registered to do business in the state of Missouri, but is subject to the jurisdiction of this Court pursuant to R.S. Mo. 407.914 and may be served process through C T Corporation System, 120 South Central Avenue, Clayton, Missouri 63105. 6. The Defendant JK Harris Advisors, LLC, is a South Carolina Limited Liability Company, is not registered to do business in the state of Missouri, but is subject to the jurisdiction of this Court pursuant to R.S. Mo. 407.914 and may be served process through C T Corporation System, 120 South Central Avenue, Clayton, Missouri 63105. 7. This Court has jurisdiction over this action pursuant to 28 U.S.C. ?1332(a)(1), diversity jurisdiction. The amount in controversy, exclusive of interest and costs, of the claims of the Plaintiff Housh and all other members of the putative class exceeds $75,000.00. 8. Venue is properly placed with this Court pursuant to 28 U.S.C. ?1391(a) and (c). The Plaintiff Housh performed services in Jackson County, Missouri. GENERAL ALLEGATIONS 9. The Defendants employed the Plaintiff Housh and all other members of the class as Tax Consultants or Consultants (hereinafter ?Consultants?). In that position, she and the others members of the class sold financial and tax-related services to members of the public through mass medium advertising. The Plaintiff Housh maintained offices for the Defendants in Missouri and in Kansas and performed services for the Defendants in both of those states. The other members of the class maintained offices and performed services for the Defendants in 43 other states and in the District of Columbia. 10. The Defendants compensated the Plaintiff Housh and all other members of the class with a commission of 15 percent against a draw on the fees paid by customers for services of the Defendants that were sold by the Consultants. 11. In the event that a customer of the Defendants did not pay the fee for the services in full in advance of the performance of the services, the balance due on the fees was financed by a single lender in ten installment payments. 12. As the customer made installment payments on the balance of the fee that was owed, the Consultants received a payment on the balance of the commission that had been earned at the time of the sale of the Defendants' services. 13. In June of 2006, the Defendants announced a change in the compensation plan, which included the termination of the payments due on the commissions that had been earned by the Consultants. The change in compensation was from a commission-based plan to a plan that was primarily salary-based. 14. The Defendants required the Consultants to sign a written acknowledgment of the change in compensation as a condition of continued employment. The change included an immediate end to commission payments that were earned on sales before the change but would have been paid after the change. 15. The change in the Defendants' compensation system resulted in a decrease in compensation to the Consultants. 16. The Defendants gave the Plaintiff Housh notice of the change in the compensation plan about a week after the effective date of the change. 17. The Defendants did not pay earned commissions that were due to the Plaintiff Housh for the week preceding the effective date of the change in the compensation plan. 18. The Defendants did not issue a final paycheck to the Plaintiff Housh for her work performed during the last pay period before her termination of employment. 19. The change in the Defendants' compensation system resulted in the non- payment to the Consultants of commissions in varying amounts that had been earned. Typically, those amounts were in the tens of thousands of dollars. 20. The non-payment of the balance due on the earned commissions violates the statutory laws of Missouri and of Kansas regarding payment of commissions as compensation or wages. 21. The written acknowledgment of the change in the Defendants' compensation plan is void by statute in Missouri and in Kansas to the extent that it deprived the Consultants of earned commissions. 22. The Consultants satisfied all conditions precedent to the earning of the commissions; the Defendants non-payment of the commissions is based on a condition subsequent which is unenforceable under the laws of Missouri and of Kansas. ALLEGATIONS PURSUANT TO FED. R. CIV. P. 23(a) 23. The Plaintiff Housh hereby incorporates by reference Paragraphs 1 through 22 above as though fully set forth herein. 24. The Plaintiff Housh intends to request that the Court certify as a class pursuant to Fed. R. Civ. P. 23(a) that all Consultants employed by the Defendants from January, 1997 through June of 2006, be certified as a class for this action. The proposed class includes those no longer employed by the Defendants as well as those currently employed by the Defendants, but excludes those employed only after May of 2006. 25. Pursuant to Fed. R. Civ. P. 23(a)(1), the Plaintiff Housh asserts that the class is so numerous that joinder is impractical. She estimates that the class consists of about 350 individuals. 26. Pursuant to Fed. R. Civ. P. 23(a)(2), the Plaintiff Housh asserts that there are questions of law and fact common to the class. Common questions of law and fact questions predominate over questions affecting only individual members of the class. The extent of the remedies available to each class member's claim is dependent upon the law of the state in which the class member performed services for the Defendants. The Plaintiff Housh requests that the class be subdivided into groups or flights to reflect differences in the remedies available under applicable state law. 27. Pursuant to Fed. R. Civ. P. 23(a)(3), the Plaintiff Housh asserts that her claims, as a representative party, are typical of the claims of the class. 28. Pursuant to Fed. R. Civ. P. 23(a)(4), the Plaintiff Housh asserts that as a representative party she can fairly and adequately protect the interests of the class. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. COUNT I MISSOURI COMMISSION SALES ACT 29. The Plaintiff Housh hereby incorporates by reference paragraphs 1 through 28 above as though fully set forth herein. 30. The Defendants compensated the Plaintiff Housh on the basis of a ?commission? as that word is defined at R.S. Mo. 407.911(1). 31. The Defendants collectively acted as a ?principal? as that word is defined at R.S. Mo. 407.911(2). 32. The Plaintiff Housh was a ?sales representative? as that phrase is defined at R.S. Mo. 407.911(3). 33. Any purported acknowledgment, release, waiver or agreement whether written or oral, entered into by the Plaintiff Housh and the Defendants to terminate commission payments for the reason that the Plaintiff Housh's employment was terminated with the Defendants is void pursuant to R.S. Mo. 407.912(2). 34. The Defendants' non-payment of commissions due to the Plaintiff Housh within thirty days of the termination of her employment at the time of the termination and the non-payment of commissions that became due after her termination within thirty days violate R.S. Mo. 407.912(3). 35. Commissions were due to be paid by the Defendants to the Plaintiff pursuant to R.S. Mo. 407.912(1). 36. Any purported acknowledgment, release, waiver or agreement, whether written or oral, entered into by the Plaintiff Housh and the Defendants to terminate commission payments on commissions that were earned before June of 2006 but not due to be paid until June 2006 or after is void pursuant to R.S. Mo. 407.912(1). 37. The Plaintiff Housh has sustained damages. 38. The Plaintiff Housh has mitigated her damages. WHEREFORE, the Plaintiff Housh requests that the Court enter a judgment against the Defendants for damages in excess of $75,000.00, an additional amount as if she were still earning commissions calculated on an annualized pro rata basis pursuant to R.S.Mo. 407.913, and for reasonable attorneys' fees and costs pursuant to R.S.Mo. 407.913 or pursuant to Fed. R. Civ. P. 23(h). COUNT II MISSOURI WAGE AND HOUR LAW 39. The Plaintiff Housh hereby incorporates by reference paragraphs 1 through 28 above as though fully set forth herein. 40. R.S. Mo. 290.110 requires that upon discharge of an employee, the firm that employed the employee shall pay unpaid wages immediately. 41. The Defendants failed to pay the Plaintiff Housh unpaid wages for her final pay period immediately upon her termination nor within seven days of demand being made. 42. The Plaintiff Housh has sustained damages. 43. The Plaintiff Housh has mitigated her damages. WHEREFORE, the Plaintiff Housh requests that the court enter a judgment against the Defendants for damages in excess of $75,000.00, for an amount equal to the last rate of pay of the Plaintiff Housh for a period of sixty days from her date of termination as provided by R.S. Mo. 290.100, and for reasonable attorney fees and costs pursuant to Fed. R. Civ. P. 23(h). COUNT III MISSOURI WAGE NOTIFICATION LAW 44. The Plaintiff Housh hereby incorporates paragraphs 1 through 28 above as though fully set forth herein. 45. R.S. Mo. 290.100 requires that an employer give affected employees thirty days' notice of its intent to reduce the wages of an employee. 46. The Defendants gave the Plaintiff Housh no advance notice of its intent to reduce her wages. 47. The Plaintiff Housh has sustained damages. 48. The Plaintiff Housh has mitigated her damages. WHEREFORE, the Plaintiff Housh requests that the Court enter a judgment against the Defendants for damages in excess of $75,000.00, for an additional $50.00, pursuant to R.S. Mo. 290.100, for reasonable attorney fees and costs pursuant to R.S. Mo. 290.100 or pursuant to Fed. R. Civ. P. 23(h), and for an order of forfeiture of the Defendants' privilege to do business in the state of Missouri pursuant to R.S. Mo. 290.100. COUNT IV KANSAS WAGE PAYMENT ACT ? UNPAID COMMISSIONS 49. The Plaintiff hereby incorporates by reference paragraphs 1 through 28 above as though fully set forth herein. 50. The Defendants collectively were an ?employer? within the meaning of K.S.A. 44-313(a). 51. The Plaintiff was an ?employee? within the meaning of K.S.A. 44-313(b). 52. The compensation amounts earned by the Plaintiff but not paid, were ?wages? within the meaning of K.S.A. 44-313(c). 53. Any purported acknowledgment, release waiver or agreement whether, written or oral, entered into by the Plaintiff Housh and the Defendants to terminate commission payments for the reason that the Plaintiff Housh's employment was terminated with the Defendants is void pursuant to K.S.A. 44-315(a). 54. The Defendants' non-payment of commissions due to the Plaintiff Housh after her termination by the next regular payday when she would have been paid commissions if she still had been employed violates K.S.A. 44-315(a). 55. Any purported acknowledgment, release, waiver or agreement, whether written or oral, entered into by the Plaintiff Housh and the Defendants to terminate commission payments on commissions that were earned before June of 2006 but not due to be paid until June 2006 or after is void pursuant to K.S.A. 44-316(b). 56. The Plaintiff Housh has sustained damages. 57. The Plaintiff Housh has mitigated her damages. WHEREFORE, the Plaintiff requests that the Court enter a judgment against the Defendants for damages in excess of $75,000.00, an additional penalty amount of 1 percent of the unpaid amounts for each day, except Sunday and legal holidays, upon which such non-payment of commissions continues after the eighth day the payment was due or an amount equal to 100 percent of the unpaid commissions, whichever is less, pursuant to K.S.A. 44-313(b), and for reasonable attorney fees and costs pursuant to Fed. R. Civ. P. 23(h). COUNT V KANSAS WAGE PAYMENT ACT ? FINAL PAYCHECK 51. The Plaintiff Housh hereby incorporates by reference paragraphs 1 through 28 above as though fully set forth herein. 52. K.S.A. 44-315(a) provides that an employer shall pay to an employee earned wages not later than the next regular payday the employee would have been paid if still employed. 53. The Defendants failed to pay the Plaintiff Housh earned wages from her final pay period not later than the next payday after her termination of employment WHEREFORE, the Plaintiff Housh requests that the Court enter a judgment against the Defendants for damages in excess of $75,000.00, for an additional penalty amount of 1 percent of the unpaid amounts for each day, except Sunday and legal holidays, upon which the non-payment of the final paycheck continues after the eighth day the payment was due or an amount equal to 100 percent of the unpaid final paycheck, whichever is less, pursuant to K.S.A. 44-315(a), and for reasonable attorney fees and costs pursuant to Fed. R. Civ. P. 23(h). COUNT VI BREACH OF CONTRACT 54. The Plaintiff Housh hereby incorporates by reference paragraphs 1 through 28 above as though fully set forth herein. 55. The Plaintiff Housh and the Defendants had a written agreement concerning the Plaintiff Housh's employment with the Defendants. 56. The Defendants breached the employment agreement it had with the Plaintiff Housh by not paying commissions it owed to the Plaintiff Housh. 57. The Defendants' breach of the employment agreement was substantial and material. 58. The Plaintiff Housh has sustained damages from the Defendants' breach of the employment agreement. 59. The Plaintiff Housh has mitigated her damages. WHEREFORE, the Plaintiff requests that the Court enter a judgment against the Defendant for damages in excess of $75,000.00, and for reasonable attorney fees and costs pursuant to Fed. R. Civ. P. 23(h). Respectfully submitted, /s/ Theodore J. Lickteig_________ Theodore J. Lickteig Missouri Bar No. KS-000170 Law Offices of Theodore J. Lickteig 10100 West 87th Street Mark I Building, Suite 301 Overland Park, KS 66212-4672 913-894-1090 [email protected] Attorney for Plaintiff /s/ Richard L. Berry___________ Richard L. Berry Kan. Bar No. 09528 Attorney at Law 8686 W. 96th Street, Suite 210 Overland Park, Kansas 66212 913-341-7576 Attorney for Plaintiff
Robert
Vancouver,#63Consumer Suggestion
Tue, March 13, 2007
I worked for J.K. Harris & Company from about February 2005 to September 2005. It was a horrible experience. I assure you that they don't treat their salespeople any better than they treat their customers. I knew something was wrong almost from the beginning. There was WAY too much turnover for this to be a stable company. Within just a few weeks of starting I had already fielded dozens of complaints. I tried to convince myself that these were exceptions to the rule, but it became more apparent with time. We never, ever spoke about the true issues regarding the IRS. We had weekly meetings to talk about sales goals, and that's all that mattered. We were supposed to sell 50% of the people that came in the door, have an average case size of $3500, sell so many credit repair services, etc... I can't even remember all the details now, but I do know they had me sign a one year agreement that I wouldn't speak negatively about the company for 12 months. They never paid me as a salesperson the commissions I should've been paid, which considering how badly the customers got ripped off, I have nothing to complain about. If you can nail these guys in small claims court, do it! It sounds like the most effective way to go. Anytime we heard about anyone going to the media we had a specific guy to call who's only job was to put a stop to it and he also spent a lot of time making sure that when you plugged "J.K. Harris" into search engines, all the bad stuff wouldn't pop up. It's a really sad, pathetic company. I'm sorry I worked for them and wish more people used resources like this to realize what a bad deal it is. I think in general you're almost always better off just going straight to the IRS to work out tax problems.
Peter
Salem,#64Author of original report
Fri, March 09, 2007
Hi Priscilla, Congradulations, it's now time for you to have fun and be a PIA to JK Harris. I am assuming that no court date was set for the default hearing, so you need to have a hearing to be awarded Treble damages. JK will not pay you in the next 30 days, if they follow their normal pattern of bahavior. File the Motion of Payment, and in the motion ask for trable damages, based on (state the facts of agrivation, additional troubles with the IRS, etec). Not being familiar with NH small claims, I don't know how the court reacts to Treble damages. This may also give JK Harris the oppertunity to reappear, but I doubt they will. Should JK send you a check, they may also sent you a non disclosure form. Don't sign it, you don't have to. The court is ordering them to pay you. Once again, your just about there in retrieving your funds. Peter salem, MA
Lee
Charleston,#65Consumer Comment
Fri, March 09, 2007
I have been in Charleston, SC since 1974 and have never heard of this company meaning I do not believe they even advertise here. I may be wrong since I consume very little media. Keep up the good work and I will help if I can. I am on the ground here in Charleston, SC and would be willing to assist if Peter would let me know how it is possible. This type of negative business is unusual for those I know from Charleston. I have seen some of this from businesses / people relocating here from other places. Well we do have a boss hog type or two that may qualify as corrupt. Let me know Peter. tHaNkS-LeE
Priscilla
Merrimack,#66Consumer Comment
Thu, March 08, 2007
OK Peter, heres the update. I went to the town clerk after March 1, and she told me I had to wait for the "Notice of Decision" that will be mailed to me and JK Harris. I just received it. Saying, CASE DEFAULTED ON DEFENDANTS FAILURE TO ANSWER CLAIM OR APPEAR FOR HEARING, JUDGEMENT FOR PLAINTIFF. Total $5093.53. The court also sent me a form to complete after 30days for "Motion of Payment". My question, is now what do I do? Do I wait for the 30days to be up(to see if they pay me) and then ask for a hearing and ask for treble damages then, when they don't pay or can I do it now? I hope my step by step questions will also help others in my same situation. Thank you so much for your help!!
Peter
Salem,#67Consumer Suggestion
Fri, February 09, 2007
Hi Paula, I'm sure that the people at JK Harris wouldn't appreciate a picket line, but I'm sure it is legal as long as you keep moving and are on public property, ie. the sidewalk. You could also hand out informational flyers, suggesting that they check out the various web sights. However if you want to get you money back, take them to small claims.
Paula
Phoenix,#68Consumer Comment
Fri, February 09, 2007
Do you think that it would be helpful to stand outside of JK Harris offices in the areas where we live and tell people our own stories so that they don't enter and make the same mistake? I'm wondering if this is legal? Any information would be helpful because I'm really considering doing this on my lunch hour five days a week. Thanks, Paula Frazier
Paula
Phoenix,#69Consumer Comment
Fri, February 09, 2007
Do you think that it would be helpful to stand outside of JK Harris offices in the areas where we live and tell people our own stories so that they don't enter and make the same mistake? I'm wondering if this is legal? Any information would be helpful because I'm really considering doing this on my lunch hour five days a week. Thanks, Paula Frazier
Paula
Phoenix,#70Consumer Comment
Fri, February 09, 2007
Do you think that it would be helpful to stand outside of JK Harris offices in the areas where we live and tell people our own stories so that they don't enter and make the same mistake? I'm wondering if this is legal? Any information would be helpful because I'm really considering doing this on my lunch hour five days a week. Thanks, Paula Frazier
Paula
Phoenix,#71Consumer Comment
Fri, February 09, 2007
Do you think that it would be helpful to stand outside of JK Harris offices in the areas where we live and tell people our own stories so that they don't enter and make the same mistake? I'm wondering if this is legal? Any information would be helpful because I'm really considering doing this on my lunch hour five days a week. Thanks, Paula Frazier
Peter
Salem,#72Author of original report
Wed, February 07, 2007
Hi, Prisilla, Your on the right path. If the Plaintiff doesn't answer, yes you with through default. March 1st, is just the default date. You need to ask for a court, (hearing date).For the hearing date, you need to file a motion for default, theis just consists of a line of two stating that "the mottion was filed on susch and such date, and that the defendant was properly served by (mail), the date to was respond was March 1, "the defendant has faild to answer or otherwise plead, and Plaintiff is entitled to judgement in her favor, and ask that those damages be treble, based on ___ _______". You should request the hearing for the sole purpose of damages, the moment the default date happens. They may answer, but they have to appear to argue what ever there defense is. They haven't appeard in court yet. So be prepared to pounce on March 1st. Good Luck, your almost there. Peter Salem, MA
Peter
Salem,#73Author of original report
Wed, February 07, 2007
Hi, Prisilla, Your on the right path. If the Plaintiff doesn't answer, yes you with through default. March 1st, is just the default date. You need to ask for a court, (hearing date).For the hearing date, you need to file a motion for default, theis just consists of a line of two stating that "the mottion was filed on susch and such date, and that the defendant was properly served by (mail), the date to was respond was March 1, "the defendant has faild to answer or otherwise plead, and Plaintiff is entitled to judgement in her favor, and ask that those damages be treble, based on ___ _______". You should request the hearing for the sole purpose of damages, the moment the default date happens. They may answer, but they have to appear to argue what ever there defense is. They haven't appeard in court yet. So be prepared to pounce on March 1st. Good Luck, your almost there. Peter Salem, MA
Priscilla
Merrimack,#74Consumer Comment
Thu, February 01, 2007
OK, Peter, I filed with small claims and got a response from the town clerk stating JK Harris has until March 1 to ask for a hearing, if they do not respond to that date, I win through default. The thing is, I WANT to go to court and ask for treble damages. Do I ask for a court date anyway? I hope with all my little questions will help other people that run into these same problems. Thanks everyone for posting on this website, its very helpful!
Priscilla
Merrimack,#75Consumer Comment
Mon, January 29, 2007
YES Peter. VERY FRUSTRATING! I will put my foot down when it comes to the town clerk. Everytime I see JK Harris's commercials on TV, I get so angry. I wonder if anyone else ran into this same problem when they went to file. I will keep everyone updated. Thanks alot again Peter!
Peter
Salem,#76Author of original report
Sat, January 27, 2007
Hi Priscilla, Sorry I've taken so long to get back to you, but I've been corresponding with a lawyer friend of mine. Here is what she said: "First of all the clerk's office cannot tell people under any circustances, who they can and who they cannot sue. The clerk must accept for filing any complaint presented in the proper form - this whatever the requirements are as far as paper size, color/ whatever, accompanied by the appropriate fee. They cannot refuse to accept a complaint. There is no differance in the law,whether in NH, South carolina, and or Ohio, you cannot name the registered agent in the complaint. The registered agent is essentally nothing more than a mail drop, authorized to accept service on behalf of the company they represent. Most states require out of state coprorationsto identify someone or entity with in the state as being authorized to accept official documents. that does not mean that the agent has anything to do with the company. Ct Corporation is nothing but a mail drop "Business", they have nothing to do with your case, nothing to do with your cause of action, and essentially nothing to do with JK Harris. There can be all kinds of reasons why a complaint may be improper, lack of service, defendant is out of state, of which the court does not have jurisdition, or aren't properly named, oe whatever, but those are questions for the judge to decide. The clerk does not have the ability or right to make those descisions. You can name whom ever you want on the complaint, qnd the clerk's office has to accecpt it. So, stick to your guns, name JK Harris as the defendant, and a sales person as codefendant. The registerd agent has no business being named in the action, or being involved in any way. I Told you this would be time consuming, and may get frustrating, but this is what JK Harris plans on happening, where you get to the point of dropping your complaint. Hang in there. Peter Salem, MA
Peter
Salem,#77Author of original report
Sat, January 27, 2007
Hi Priscilla, Sorry I've taken so long to get back to you, but I've been corresponding with a lawyer friend of mine. Here is what she said: "First of all the clerk's office cannot tell people under any circustances, who they can and who they cannot sue. The clerk must accept for filing any complaint presented in the proper form - this whatever the requirements are as far as paper size, color/ whatever, accompanied by the appropriate fee. They cannot refuse to accept a complaint. There is no differance in the law,whether in NH, South carolina, and or Ohio, you cannot name the registered agent in the complaint. The registered agent is essentally nothing more than a mail drop, authorized to accept service on behalf of the company they represent. Most states require out of state coprorationsto identify someone or entity with in the state as being authorized to accept official documents. that does not mean that the agent has anything to do with the company. Ct Corporation is nothing but a mail drop "Business", they have nothing to do with your case, nothing to do with your cause of action, and essentially nothing to do with JK Harris. There can be all kinds of reasons why a complaint may be improper, lack of service, defendant is out of state, of which the court does not have jurisdition, or aren't properly named, oe whatever, but those are questions for the judge to decide. The clerk does not have the ability or right to make those descisions. You can name whom ever you want on the complaint, qnd the clerk's office has to accecpt it. So, stick to your guns, name JK Harris as the defendant, and a sales person as codefendant. The registerd agent has no business being named in the action, or being involved in any way. I Told you this would be time consuming, and may get frustrating, but this is what JK Harris plans on happening, where you get to the point of dropping your complaint. Hang in there. Peter Salem, MA
Peter
Salem,#78Author of original report
Sat, January 27, 2007
Hi Priscilla, Sorry I've taken so long to get back to you, but I've been corresponding with a lawyer friend of mine. Here is what she said: "First of all the clerk's office cannot tell people under any circustances, who they can and who they cannot sue. The clerk must accept for filing any complaint presented in the proper form - this whatever the requirements are as far as paper size, color/ whatever, accompanied by the appropriate fee. They cannot refuse to accept a complaint. There is no differance in the law,whether in NH, South carolina, and or Ohio, you cannot name the registered agent in the complaint. The registered agent is essentally nothing more than a mail drop, authorized to accept service on behalf of the company they represent. Most states require out of state coprorationsto identify someone or entity with in the state as being authorized to accept official documents. that does not mean that the agent has anything to do with the company. Ct Corporation is nothing but a mail drop "Business", they have nothing to do with your case, nothing to do with your cause of action, and essentially nothing to do with JK Harris. There can be all kinds of reasons why a complaint may be improper, lack of service, defendant is out of state, of which the court does not have jurisdition, or aren't properly named, oe whatever, but those are questions for the judge to decide. The clerk does not have the ability or right to make those descisions. You can name whom ever you want on the complaint, qnd the clerk's office has to accecpt it. So, stick to your guns, name JK Harris as the defendant, and a sales person as codefendant. The registerd agent has no business being named in the action, or being involved in any way. I Told you this would be time consuming, and may get frustrating, but this is what JK Harris plans on happening, where you get to the point of dropping your complaint. Hang in there. Peter Salem, MA
Peter
Salem,#79Author of original report
Sat, January 27, 2007
Hi Priscilla, Sorry I've taken so long to get back to you, but I've been corresponding with a lawyer friend of mine. Here is what she said: "First of all the clerk's office cannot tell people under any circustances, who they can and who they cannot sue. The clerk must accept for filing any complaint presented in the proper form - this whatever the requirements are as far as paper size, color/ whatever, accompanied by the appropriate fee. They cannot refuse to accept a complaint. There is no differance in the law,whether in NH, South carolina, and or Ohio, you cannot name the registered agent in the complaint. The registered agent is essentally nothing more than a mail drop, authorized to accept service on behalf of the company they represent. Most states require out of state coprorationsto identify someone or entity with in the state as being authorized to accept official documents. that does not mean that the agent has anything to do with the company. Ct Corporation is nothing but a mail drop "Business", they have nothing to do with your case, nothing to do with your cause of action, and essentially nothing to do with JK Harris. There can be all kinds of reasons why a complaint may be improper, lack of service, defendant is out of state, of which the court does not have jurisdition, or aren't properly named, oe whatever, but those are questions for the judge to decide. The clerk does not have the ability or right to make those descisions. You can name whom ever you want on the complaint, qnd the clerk's office has to accecpt it. So, stick to your guns, name JK Harris as the defendant, and a sales person as codefendant. The registerd agent has no business being named in the action, or being involved in any way. I Told you this would be time consuming, and may get frustrating, but this is what JK Harris plans on happening, where you get to the point of dropping your complaint. Hang in there. Peter Salem, MA
Priscilla
Merrimack,#80Consumer Comment
Mon, January 22, 2007
I heard from town clerk about filing small claims against JK Harris. They are still saying I have to put JK Harris and CT Corporation down. As CT Corporation makes sure the papers are served to the right people. I have also asked a couple of attorneys also, and they said to do the same thing. If I do that, how do I eventually get an arrested warrant served? Im still so confused on what to do. Help anyone??
Alan
Shakopee,#81Consumer Comment
Fri, December 15, 2006
Thank you Peter for all of your letters on this forum. You are providing a great service to all of us whom, did not check out jk harris before we wasted our hard earned money. To the lady whom said that we as consumers lied, Who do you think you are to call us liars? I gave a true and accurate report of my income, I was told by my sales rep that I would have, to pay only $500.00 to settle my taxes. Funny, according to the IRS, I make enough to pay them almost $900.00 per month. How then, Will jk harris get the IRS to settle for $500.00 total? I've talked to a few attorneys for advise, All of them have stated that they, have never heard of jk harris getting any taxes settled. I tried to fax information to my rep at jk harris, The number I was given to fax to was not a fax number nor, did anyone answer. Yesterday, I found out that the email for my rep at jk harris is no longer valid. This is a bad company.
Alan
Shakopee,#82Consumer Comment
Fri, December 15, 2006
Thank you Peter for all of your letters on this forum. You are providing a great service to all of us whom, did not check out jk harris before we wasted our hard earned money. To the lady whom said that we as consumers lied, Who do you think you are to call us liars? I gave a true and accurate report of my income, I was told by my sales rep that I would have, to pay only $500.00 to settle my taxes. Funny, according to the IRS, I make enough to pay them almost $900.00 per month. How then, Will jk harris get the IRS to settle for $500.00 total? I've talked to a few attorneys for advise, All of them have stated that they, have never heard of jk harris getting any taxes settled. I tried to fax information to my rep at jk harris, The number I was given to fax to was not a fax number nor, did anyone answer. Yesterday, I found out that the email for my rep at jk harris is no longer valid. This is a bad company.
Priscilla
Merrimack,#83Consumer Comment
Sun, December 03, 2006
funny...I told my husband I was gonna do that, and he said NO, just put that guys name down,I am glad I didnt!!! TRUST ME...I can play that game..its ALOT of time consuming, but..I KNOW it will be well worth it! AND this is to DON... PLEASE dont fall for it... JK harris's agents are being "trained" to say whatever you want to them to say. The ONLY way you are going to know if they are doing their job is to call IRS themselves. I learned the hard way, after over a year and a half, and MY so call jk harris agent (danielle huger) did absolutely nothing for me. Time after time I called...when I finally get a hold of her, she keeps asking me for statements of my bank account, wages,and normal bills I pay....come on...every 3 months she wants that? and in the meantime, the IRS is getting pissed at me thinking I am not working on this! When I realized something was up..was in sept....I faxed over everything..AGAIN!! and she said to me...we will call IRS and make a payment plan...well..after 3 weeks go by(never hearing aword from them)...I call her again .. I explain AGAIN that..NOW the IRS put a lein on my house and my wages. And she says..send me all your statements again...ok...thats when I said ...WHAT??? you serious? how many times do you need this, you were suppose to help me a year ago....and she said...yes...(danielle huger) I "fell through the cracks because I was not on her "desktop" and theres nothing more she can do, and I am better off calling IRS myself. AND I said WHAT?? I paid JK harris all this money and NOW your telling me to call IRS? Why did I spend all that money for nothing...and she responsed by saying..." I know". ANYWAY.... I ended up calling IRS myself, they have NO record of JK harris ever calling them...and I must say...the IRS agents are much more better to deal with than those"JK harris's agents"...DON..I HOPE you have proof that they are doing what you say they are doing..cuz if you do, then you win the lottery, your one in a million!!!
Peter
Salem,#84Author of original report
Sat, December 02, 2006
Pricilla, Call JK Harris's office and set up an appointment. they will give you the name of the person to meet, use their name. to purpose of all this is that you need a valid name as codefenent toname in the Capias later. JK Harris is very protective of his money machines,i.e. sales people. When you threaten to shut them down by arrest warrant, they pay. Ast to Don, keep believeing, and I hope that I I'm wrong for your sake, but I'd place a call to the IRS and check on the status of your offer.
Don
Coon Rapids,#85Consumer Comment
Fri, December 01, 2006
I don't know if I've had a "reality check" or not. I'm not disallusioned about other peoples misfortunes when it comes to dealing with JK Harris. Problems with the company are well documented. All I know is that I've had paperwork filed in my behalf and that they have represented me up to this point. My case is in appeals and what happens now is somewhat of a mystery. If I am declined I will be as unhappy as anyone else, but JK Harris HAS made an effort to settle this OIC with the IRS and that is what I have been paying them to do. Granted, I expected a more streamlined process and I have had to file numerous amounts of paperwork, but they are making good as far as trying to get my debt settled. I was told by the JK Harris service rep that I've been dealing with that this will likely be closed within 2 months. After this much time I just want to know where I stand once and for all with the government. It's a sad society we live in where a government we pay for, has and abuses so much power with little discretion when it comes to ruining peoples lives. When it's all said and done and my case is closed, I'll be sure to post the final result here for all to see.
Don
Coon Rapids,#86Consumer Comment
Fri, December 01, 2006
I don't know if I've had a "reality check" or not. I'm not disallusioned about other peoples misfortunes when it comes to dealing with JK Harris. Problems with the company are well documented. All I know is that I've had paperwork filed in my behalf and that they have represented me up to this point. My case is in appeals and what happens now is somewhat of a mystery. If I am declined I will be as unhappy as anyone else, but JK Harris HAS made an effort to settle this OIC with the IRS and that is what I have been paying them to do. Granted, I expected a more streamlined process and I have had to file numerous amounts of paperwork, but they are making good as far as trying to get my debt settled. I was told by the JK Harris service rep that I've been dealing with that this will likely be closed within 2 months. After this much time I just want to know where I stand once and for all with the government. It's a sad society we live in where a government we pay for, has and abuses so much power with little discretion when it comes to ruining peoples lives. When it's all said and done and my case is closed, I'll be sure to post the final result here for all to see.
Don
Coon Rapids,#87Consumer Comment
Fri, December 01, 2006
I don't know if I've had a "reality check" or not. I'm not disallusioned about other peoples misfortunes when it comes to dealing with JK Harris. Problems with the company are well documented. All I know is that I've had paperwork filed in my behalf and that they have represented me up to this point. My case is in appeals and what happens now is somewhat of a mystery. If I am declined I will be as unhappy as anyone else, but JK Harris HAS made an effort to settle this OIC with the IRS and that is what I have been paying them to do. Granted, I expected a more streamlined process and I have had to file numerous amounts of paperwork, but they are making good as far as trying to get my debt settled. I was told by the JK Harris service rep that I've been dealing with that this will likely be closed within 2 months. After this much time I just want to know where I stand once and for all with the government. It's a sad society we live in where a government we pay for, has and abuses so much power with little discretion when it comes to ruining peoples lives. When it's all said and done and my case is closed, I'll be sure to post the final result here for all to see.
Don
Coon Rapids,#88Consumer Comment
Fri, December 01, 2006
I don't know if I've had a "reality check" or not. I'm not disallusioned about other peoples misfortunes when it comes to dealing with JK Harris. Problems with the company are well documented. All I know is that I've had paperwork filed in my behalf and that they have represented me up to this point. My case is in appeals and what happens now is somewhat of a mystery. If I am declined I will be as unhappy as anyone else, but JK Harris HAS made an effort to settle this OIC with the IRS and that is what I have been paying them to do. Granted, I expected a more streamlined process and I have had to file numerous amounts of paperwork, but they are making good as far as trying to get my debt settled. I was told by the JK Harris service rep that I've been dealing with that this will likely be closed within 2 months. After this much time I just want to know where I stand once and for all with the government. It's a sad society we live in where a government we pay for, has and abuses so much power with little discretion when it comes to ruining peoples lives. When it's all said and done and my case is closed, I'll be sure to post the final result here for all to see.
Priscilla
Merrimack,#89Consumer Comment
Fri, December 01, 2006
TO Peter and anyone else that can help me... I have been extremely busy, so I yet have to file a claim against them, but I did find out today that the agent I met is no longer at the office and the girl at the desk never even heard of him. I asked her for another agents name but she refused to give me one. My question to you is....do I still put his name as a codefendant? And also, when there is a court date, I show up...right? and ask for treble damages ect...for they, I am sure wont respond to the court date. And by the way people.....when I wrote to JK HARRIS about my complaint, and they wrote back stating I will hear from them within 30-45days....well..YUP no response...so at least I have that also to show the judge that "I tried" and got no response. Thanks everyone!!
Peter
Salem,#90Consumer Suggestion
Thu, November 30, 2006
Hi Kristina, I think that you received the wrong information about small claims in WV. The in researching I believe the maximum you can ask for is $5,000. That is the amount you want to state on your summons. When you go to the hearing, ask the court for "Treble" damages, (3x's), that amount based on the fact that JK Harris has caused you a great deal of emotional pain, and increased your problems, not help resolve them. That should get you up to $15,000 if the judge awards you the full amount. Also, tell the IRS that you want to work out a payment plan. If the payment is more thatn you can afford, tell them it will create a "hardship". Be sure to use that specific word. The IRS in most case will work with you. Good luck, let me know if you need further assistance. As for Don, he hasn't had a reality check yet, he's still trying to believe in JK Harris
Peter
Salem,#91Consumer Suggestion
Thu, November 30, 2006
Hi Kristina, I think that you received the wrong information about small claims in WV. The in researching I believe the maximum you can ask for is $5,000. That is the amount you want to state on your summons. When you go to the hearing, ask the court for "Treble" damages, (3x's), that amount based on the fact that JK Harris has caused you a great deal of emotional pain, and increased your problems, not help resolve them. That should get you up to $15,000 if the judge awards you the full amount. Also, tell the IRS that you want to work out a payment plan. If the payment is more thatn you can afford, tell them it will create a "hardship". Be sure to use that specific word. The IRS in most case will work with you. Good luck, let me know if you need further assistance. As for Don, he hasn't had a reality check yet, he's still trying to believe in JK Harris
Kristina
MARTINSBURG,#92Consumer Comment
Thu, November 30, 2006
Really, Don? I am impressed with what results you have received! Yours is the first claim I've read that JK Harris has done ANYTHING for them other than to take their bank account info and proceed to collect money that would have been better spent making payments to the IRS. I'm not attempting to discredit your statement by any means, just found your post *truly* surprising. I believe the fact that you have received any help at all puts you in a minority of getting *something* for your money from JK Harris. I have reached the point where I want to press criminal charges against JK Harris. I am looking into all of the options because the experience with them has been *so* bad. Anyway, I commend Peter from Salem for all of his posts. I followed his advice (thank you, Peter!)and went to small claims but was advised by the magistrate court (in WV) to seek a lawyer through the state bar referral (too much $ paid to JK Harris to claim in small claims court), state bar in turn advised me to go to the attorney general. (Not enough $ to justify a big fancy lawyer in the end). Still spinning wheels, but getting more fuel for whatever step I take next. Especially so considering that once again, I met with an IRS revenue officer today...who holds the wage garnishment power over my head and who reminds me of the penalties and interest adding up everyday. As this saga continues, I relive the agony of not knowing better about taxes when going into business in my early twenties (and not realizing JK Harris' fraud -- which the IRS basically laughed in my face about over a year ago, saying: you should have researched this company further, too bad, now you owe us *this* for not having filed sooner). Perhaps even moreso, I am stressed over how I am and will continue to pay for this ignorance by the $1,000s until my mid-forties. Sincere best wishes to you and your involvement with JK Harris. As for my husband and myself, we've been royally screwed by them! They never filed a single sheet of paper -- *including the power of attorney forms which we signed and sent 3 times!!!* on our $3,500+ behalf!! In all seriousness, we went without groceries in order to afford the withdrawal of our $100 payment to them from our checking account. I say all of this in response to your post because I know others will read it as well and they should know if they are holding out that JK Harris will come though for them it is in their best interest to at least meet with an IRS agent and take steps to resolve their tax problems. It *will* cost less, but in no way will it be for pennies on the dollar that they owe! That is, of course, as long as they don't wait so long as to have their wages attsched and their assess levied. :( what a bummer! Kristina
Don
Coon Rapids,#93Consumer Comment
Tue, November 07, 2006
I met with a JK Harris representative back in March of this year. He took my financial information and based on that information, plugged the numbers into the IRS National Standards for tax collection and told me that I could expect to settle my state and federal back taxes for $500 each via the Offer In Compromise program. This would result in savings of nearly $29,000 for me. I paid $335 upfront and agreed to a contract of $300 a month for 10 months. In the last 8 months through much confusion and difficulty at times contacting my JK Harris case worker, I have successfully submitted an OIC and subsequently had it rejected. A Ms. Hulse who is the offer examiner with the IRS for some reason disallowed some of my expenses even though they fall within IRS guidelines. Without going into great detail, she expects that I have $376 a month expendable income to pay them for the next 8 years. Needless to say I am now having JK Harris file an appeal as there is no explanation from the IRS for their "National Standard Deduction" to my expenses, even though they are well documented in my OIC. The IRS is the real ripoff at this point in my case. I'll post again when and/or if JK Harris makes good on their promise to be able to resolve my tax case. Up to this point, the correspondence with JK Harris had been O.K. but not spectacular with me usually needing to call a few times before I get answers to my questions. But they actually have filed my paperwork and seem to be trying. I have 2 more payments to make. By the way, they don't bother to tell you upfront when you sign on with them that you are being financed at 17.9% and pay interest and an additional $10 payment fee for having it deducted out of your account. Also, they don't finance you, a company called RAI finances and bills you. The whole experience will cost me over $3500 when I'm finished paying them. I expect results for that kind of money. We'll see.
Peter
Salem,#94Author of original report
Thu, November 02, 2006
Hi Priscilla, Sorry for the delay in responding. Having to go through the open web site is really inconvenient, but? I believe that whomever you talked to in the clerks office gave you bad advice. Talk to another clerk, or see if you can talk to some one familier with NH small claims. The registered agent is the person for proper service. They are not the defendant, and by naming them in the summons, it will be thrown out of court. The clerk's office CANNOT tell you that you cannot name JK Harris as the defendant and the sales person as the codefendant. You can name anyone that you want. That will be a matter taken up in the court. You are suing a forgein corporation, and against an individual, the service will be perfected by service on CT Corp. Good luck, don't give up. This is what JK Harris wants is for people to get frustrated with the process and quit. Let me know if you need additional help. Peter Salem, MA
Priscilla
Merrimack,#95Consumer Comment
Mon, October 30, 2006
Peter, I can not name JK Harris as a defendant and the sales person as the co defendant. State of NH says I have to go through JK Harris's register agent, which is CT Corporation Systems out of Concord, NH...ever hear of this?
Warren
Mundelein,#96Consumer Suggestion
Wed, October 25, 2006
JK Harris fraud has nothing to do with "laying cards on the table" How does one explain that the only proactive phone call you will get from JK harris is a welcome call to verify your bank account routing numbers so they can take your money after that you will hear the story stated above "we cannot do anything for you due to your dishonesty, lack of information, etc, blah, blah. The case specialist never, never returns calls. People hire JK Harris to be proactive with IRS not inactive. IF you hire JK harris you will do all the work ,if you do not the IRS will be proactive becuase they will think that you are ignoring them because once JK harris gets your routing numbers and down payment they consider that they have done thier part and they will ignore you and the IRS.
Priscilla
Merrimack,#97Consumer Comment
Wed, October 25, 2006
Did you change your name? Looks like "dee" and "JK Harris" has the same town.. "Ladson, SC" WOW..amazing, dont you think "dee?". Now I want to quote from "dee"....(the digrunted customers are usually those that did not lay all of their cards on the table when meeting with the consultant.) That was "her EXACT words". Tell me something ..."dee" or should I call you "JK Harris?" ....I paid thousands of dollars to JK HARRIS, $3,040 to be EXACT!!! BECAUSE I was afraid and I did not KNOW what to do(hell I am not an accountant)so...where do we turn? Are YOU telling me I didnt "lay" out my cards?? Call IRS and ask them!!! JK Harris's advertising is pretty powerful...that power will die...sorry.. But, thats business..you "screw" enough people, it will BITE you in the a*s!! "Dee" aka "JK Harris" WHY are YOU putting EVERYONE that comes to JK HARRIS is the "same" catagory"? YOU really think everyone is trying to "screw" the IRS? Then, I must be special huh?? If thats the way you feel, call me, see me, I have nothing to hide!!!! EVERYONE has different situations and it seems that JK Harris doesnt care, all that company wants is your money. PERIOD!! They take your money and run, well, I should of ran alongtime ago when I heard of JK Harris. ANYTHING MORE YOU WANT TO SAY dee ..aka JK HARRIS?????? Look at my previous complaint and NOW EXPLAIN!!
Priscilla
Merrimack,#98Consumer Comment
Tue, October 24, 2006
In response to JK Harris from lanson, SC. Are you telling us you are an employee and your name is JK Harris?? hmmmm, sounds alittle fishy to me
Peter
Salem,#99Consumer Suggestion
Mon, October 23, 2006
To MR. Katz, once again I ask what is your position at JK Harris. Mark Monoghan who has been with JK for many years, has been the VP of Personnel, and has no background in operations, although they expect him to be the VP of Operations? How is that suppose to make things better? And for Charlie Jones, he is probable the one person that has many years of experiance with the IRS, and knows what he's doing, but is so buried that he can't get much done. As for trying to call him, the people working with him in JK Harris can't get ahold of him he's so busy. So how will things change? They won't. Comments???? Peter Salem, MA
Peter
Salem,#100Consumer Suggestion
Mon, October 23, 2006
To MR. Katz, once again I ask what is your position at JK Harris. Mark Monoghan who has been with JK for many years, has been the VP of Personnel, and has no background in operations, although they expect him to be the VP of Operations? How is that suppose to make things better? And for Charlie Jones, he is probable the one person that has many years of experiance with the IRS, and knows what he's doing, but is so buried that he can't get much done. As for trying to call him, the people working with him in JK Harris can't get ahold of him he's so busy. So how will things change? They won't. Comments???? Peter Salem, MA
Peter
Salem,#101Consumer Suggestion
Mon, October 23, 2006
To MR. Katz, once again I ask what is your position at JK Harris. Mark Monoghan who has been with JK for many years, has been the VP of Personnel, and has no background in operations, although they expect him to be the VP of Operations? How is that suppose to make things better? And for Charlie Jones, he is probable the one person that has many years of experiance with the IRS, and knows what he's doing, but is so buried that he can't get much done. As for trying to call him, the people working with him in JK Harris can't get ahold of him he's so busy. So how will things change? They won't. Comments???? Peter Salem, MA
Peter
Salem,#102Author of original report
Mon, October 23, 2006
Another emplyees speaks, but not from knowledge. Your statement that it took you 2 hours to read these complaints tells the world alot about your ability to read, and the caliber of people that JK Harris hires. It sounds like he hires gullable slow readers. Yes the problem starts in the sales persons office. However, you really can't believe in your own mind (I use that word loosely), that every person that goes there lies. Also, you do not know the circumstances of why people owe back taxes. Yet you assume every one trys to cheat the IRS. Your grammer and vocabulary leave alot to be desired. I can tel you will go along way with JK Harris, especially when you graduate to five letter words. Let me assist you with your carreer. Just go to Monica Linder, and mention my name. Peter from Salem MA, she may only remember me as "Mr Despicable".
Chris
Santa Maria,#103Consumer Suggestion
Sun, October 22, 2006
There are just too many testimonials & anecdotes from former employees that indicate otherwise! Your salespeople are just that, SALESPEOPLE. They try to get that order (case) no matter what. You have too many unhappy HONEST clients to simply be able to blame it on, "Oh, everyone just lies & understates their income. It's not our fault."
Jk Harris
Ladson,#104UPDATE Employee
Sun, October 22, 2006
So I have been sitting here for the last 2 hours reading these reports. I am an employee of JK Harris and we do help people, but there are some people we cant assist (sometimes it's their fault and sometimes it's ours). The problem starts in the consultants office when you contract and complete a tax settlement analysis. Most of the people that fill it out lie. They say they make $4,000 a month, when in fact they make $6,000. So we take a look at the income and expenses they provide and if they qualify for an offer based upon the information they provided the consultant then they are contracted for the services and advised an estimate of the offer amount. Then the file comes to the case specialist that will work it and the case specialist finds out that they make more money and have assets so then they no longer qualify for the offer in compromise or if they do it will be a high offer. The problem seems to be that none of the people want to pay taxes (which is obvious seeing that you owe for more than 1 yrs) I mean after the first year did it dawn on any of you to correct the problem. So you guys come to JK Harris looking to s**t the IRS out of more money and hope that if you lie about your income and expenses that you will get to pay them less money than you owe. The offer in compromise program was created for people that truly need it. People that arent hiding the fact that they work under the table or have equity in their home that they could refiance and pay the IRS in full. The offer in compromise is for the people that truly need it and the IRS knows that. That is why if we submit an offer and their is equity or more money available then the client provided to the case specialist. The IRS is the one that reviews the information and the $150 processing fee the IRS charges to review the offer that is so they can pull county records and find assets that have disapated, transfered into someone's else's name, or assets that were not disclosed, or available equity. The IRS does this because you owe the tax and you need to pay it. They do all of the research on the case and determine if it should be accepted. The IRS will accept and offer if you truly dont owe the tax or couldnt pay the liability off in the next 5-10 yrs. The offer in compromise is not for people trying to pull a fast one and not pay the IRS. So before you attack JK Harris read their website they help people, but they cant help the people who cant take responsibility for the taxes owed and they cant help people who are just trying to get out of paying the tax.
Chris
Santa Maria,#105Consumer Comment
Sun, October 22, 2006
I personally know someone who's been involved in an OIC for YEARS now. He, too takes responsibility although it was a combination of the actions of an ex-employee + not enough oversight. He first contracted with a "Registered Agent" to help with the OIC; the RA was a CPA & ex-IRS agent (as RAs often are) who seemed like the perfect person to fix the mess. Well, he was absolutely useless and received several thousand dollars for the privilege. After then going to a tax attorney AND dealing directly with the IRS (filling out numerous forms over and over again), it's STILL not resolved. And no, it's NOT a complicated issue. One problem is that the 433As & 433Bs that you fill out get forwarded to a different IRS center, not even in your geographic vicinity. His particular case was filed in state, went out of state, then came back in state again as far as which office had responsibility. By the time the forms actually get looked at by an IRS agent, the info you've provided is more than 6 months old and you must refresh it. Then by the time THAT gets dealt with THAT info must be updated...etc., etc. The IRS is incredibly slow and often things get lost. My friend has - literally - one large box & 3 large binders full of copies of stuff he's already provided. The point is, OICs are NOT that easy in the first place simply because of the IRS itself. How on earth some company with non-CPA, minimally trained staff could claim to be able to get this done for you just doesn't make sense!JK Harris apparently sells you a big line of baloney about what they'll do for you, takes your money & doesn't really do anything for it. The testimonials of former JK Harris employees tell more than enough! To be fair, according to a local IRS rep, they're supposedly reorganizing their system and OIC cases are supposed to be handled locally and more quickly instead of being forwarded around. I guess that remains to be seen. But don't count on JK Harris to be able to do anything but take your money!
Chris
Santa Maria,#106Consumer Comment
Sun, October 22, 2006
I personally know someone who's been involved in an OIC for YEARS now. He, too takes responsibility although it was a combination of the actions of an ex-employee + not enough oversight. He first contracted with a "Registered Agent" to help with the OIC; the RA was a CPA & ex-IRS agent (as RAs often are) who seemed like the perfect person to fix the mess. Well, he was absolutely useless and received several thousand dollars for the privilege. After then going to a tax attorney AND dealing directly with the IRS (filling out numerous forms over and over again), it's STILL not resolved. And no, it's NOT a complicated issue. One problem is that the 433As & 433Bs that you fill out get forwarded to a different IRS center, not even in your geographic vicinity. His particular case was filed in state, went out of state, then came back in state again as far as which office had responsibility. By the time the forms actually get looked at by an IRS agent, the info you've provided is more than 6 months old and you must refresh it. Then by the time THAT gets dealt with THAT info must be updated...etc., etc. The IRS is incredibly slow and often things get lost. My friend has - literally - one large box & 3 large binders full of copies of stuff he's already provided. The point is, OICs are NOT that easy in the first place simply because of the IRS itself. How on earth some company with non-CPA, minimally trained staff could claim to be able to get this done for you just doesn't make sense!JK Harris apparently sells you a big line of baloney about what they'll do for you, takes your money & doesn't really do anything for it. The testimonials of former JK Harris employees tell more than enough! To be fair, according to a local IRS rep, they're supposedly reorganizing their system and OIC cases are supposed to be handled locally and more quickly instead of being forwarded around. I guess that remains to be seen. But don't count on JK Harris to be able to do anything but take your money!
Chris
Santa Maria,#107Consumer Comment
Sun, October 22, 2006
I personally know someone who's been involved in an OIC for YEARS now. He, too takes responsibility although it was a combination of the actions of an ex-employee + not enough oversight. He first contracted with a "Registered Agent" to help with the OIC; the RA was a CPA & ex-IRS agent (as RAs often are) who seemed like the perfect person to fix the mess. Well, he was absolutely useless and received several thousand dollars for the privilege. After then going to a tax attorney AND dealing directly with the IRS (filling out numerous forms over and over again), it's STILL not resolved. And no, it's NOT a complicated issue. One problem is that the 433As & 433Bs that you fill out get forwarded to a different IRS center, not even in your geographic vicinity. His particular case was filed in state, went out of state, then came back in state again as far as which office had responsibility. By the time the forms actually get looked at by an IRS agent, the info you've provided is more than 6 months old and you must refresh it. Then by the time THAT gets dealt with THAT info must be updated...etc., etc. The IRS is incredibly slow and often things get lost. My friend has - literally - one large box & 3 large binders full of copies of stuff he's already provided. The point is, OICs are NOT that easy in the first place simply because of the IRS itself. How on earth some company with non-CPA, minimally trained staff could claim to be able to get this done for you just doesn't make sense!JK Harris apparently sells you a big line of baloney about what they'll do for you, takes your money & doesn't really do anything for it. The testimonials of former JK Harris employees tell more than enough! To be fair, according to a local IRS rep, they're supposedly reorganizing their system and OIC cases are supposed to be handled locally and more quickly instead of being forwarded around. I guess that remains to be seen. But don't count on JK Harris to be able to do anything but take your money!
Chris
Santa Maria,#108Consumer Comment
Sun, October 22, 2006
I personally know someone who's been involved in an OIC for YEARS now. He, too takes responsibility although it was a combination of the actions of an ex-employee + not enough oversight. He first contracted with a "Registered Agent" to help with the OIC; the RA was a CPA & ex-IRS agent (as RAs often are) who seemed like the perfect person to fix the mess. Well, he was absolutely useless and received several thousand dollars for the privilege. After then going to a tax attorney AND dealing directly with the IRS (filling out numerous forms over and over again), it's STILL not resolved. And no, it's NOT a complicated issue. One problem is that the 433As & 433Bs that you fill out get forwarded to a different IRS center, not even in your geographic vicinity. His particular case was filed in state, went out of state, then came back in state again as far as which office had responsibility. By the time the forms actually get looked at by an IRS agent, the info you've provided is more than 6 months old and you must refresh it. Then by the time THAT gets dealt with THAT info must be updated...etc., etc. The IRS is incredibly slow and often things get lost. My friend has - literally - one large box & 3 large binders full of copies of stuff he's already provided. The point is, OICs are NOT that easy in the first place simply because of the IRS itself. How on earth some company with non-CPA, minimally trained staff could claim to be able to get this done for you just doesn't make sense!JK Harris apparently sells you a big line of baloney about what they'll do for you, takes your money & doesn't really do anything for it. The testimonials of former JK Harris employees tell more than enough! To be fair, according to a local IRS rep, they're supposedly reorganizing their system and OIC cases are supposed to be handled locally and more quickly instead of being forwarded around. I guess that remains to be seen. But don't count on JK Harris to be able to do anything but take your money!
Peter
Salem,#109Consumer Suggestion
Sun, October 22, 2006
To M. Katz, What is your position at JK Harris? Surely you are not just an outsider looking in on these posting. to comment on your observations: If the VP of Operations has only been in the job for 9 months, and hasn't done anything, then he is either under qualified, or going along with the program of duping people. Jk should have hired a person that can hit the door running. Even if this guy was crawling, most people are comfortable in their positin after 6 months. As for JK Harris going from $0-100,000,000 is sales. What are you looking for compassion? I don't think so. That just put into perspective the number of people JK has ripped off,and food for the Justice Department to look into thier scam. As to not hiring enough qualified personnel? What you are really saying is that JK Harris hires unqualified people that they hope can do the job in the interum. There aren't enough gualifed people in all of S. Carolina, never mind just the Charleston area to do what JK promises. As for JK Suffering from managing from not generating enough cash flow? you must think that the genral public are a bunch of idiots If he can run a business with $100 mil, then maybe he should find another line of work. He could always get a real job. He might even try working by doing manual labor. As for making a few bad business decisions? He's suppose to be a C.P.A.? And you want people to trust their money with him and take his advise? As for his brother, he's the one running the sales force. The reps are there to close sales, not to assist customers in getting their money back from lack of performance. It seems really suspicious that everyone seems to have lost about $3000. Does that meean everyone owes the IRS the same amount, or has the same problem? And let us not forget my friend Monica Linder who is on the board, and her only goal in life is to protect JK Harris. She has a maketing degree, and doesn't understand marketing. I believe she hired Josh, for his posting seem to emulate Monica "word for word". So,lets ask the real question, what is your position with JK Harris, and who told you to post this?
William
Lees Summit,#110Consumer Suggestion
Sat, October 21, 2006
YOU are absolutely right, Steve. NO ONE can guarantee that they will be successful in representing you in an Offer In Compromise, nor can ANYONE "guarantee" what the IRS will accept as an offer. Pennies on the dollar is deceptive advertising and probably illegal. Filling out the 433A or 433B is not all that it takes to be successful in getting the IRS to accept your OIC. I really wish it would be this simple. Seek professional help to represent you properly by hiring a tax attorney, a tax attorney with a masters degree in taxation, a CPA with tax resolution experience or an EA ( enrolled agent). Interview the potential representative, and ask about the number of cases handled and their rate of success. Everyone knows their rate of success. YOU conduct the interview. If they person you interview makes claims that appear to be too good to believe, run as fast as you can. Good Luck. M **** Lees Summit, MO
Steve
Bradenton,#111Consumer Suggestion
Sat, October 21, 2006
This is not my opinion, it is a fact right from the IRS. less than 1% of delinquent tax accounts are settled via 'offer in compromise" commonly referred to as OIC. This is what JK Harris and other like organizations like Ronnie Lynn Deutch, etc. offer and make false claims as to the success in attaining an approval on an OIC from the IRS. This in itself makes it fraud. It is called misrepresentation. There is nothing these firms can do for you that you cannot easily do for yourself. The OIC filing forms are readily available at the IRS office and website, and the IRS staff will even help you fill them out correctly and file them! The IRS just wants the account settled and brought current. The IRS is much easier to deal with now than several years ago, and they are much more efficient. If you have a tax problem and they do not have to come looking for you, you can work with them. Run fast if anyone makes guarantees that they can settle your tax problems for pennies on the dollar. They can't.
William
Lees Summit,#112UPDATE EX-employee responds
Sat, October 21, 2006
In response to your questions and comments regarding JK Harris I would like to offer a little insight into the inner workings and maybe you will understand some of the reasons why they have difficulty responding to your requests. The have a VP of Internal Operations, who has been on the job for about 9 mos. There really is hope, I think. The company, suffering from a significant growth curve from 0 to $100 million, has never been able to catch up with the gigantic volume. They have not been able to hire enough qualified folks to do the work and get it done in a timely fashion. I am sure they are hopeful of turning that around. They suffer from trying to generate enough money to pay for their inability to manage the business efficiently. Remember, these are 2 brothers from Charleston without any major business management backgrounds. They would have been much better off hiring "professional management" types to run the organization. Mr. Harris has probably made some bad decisions regarding acquisitions and business partners and I feel it may have created solvency issues for them in the short term. Unfortunately, all you wanted was to have your tax problem solved. Sometimes they are capable of doing that and sometimes they seem to struggle a lot in accomplishing their tasks. The sales training they provide is full of information regarding tax issues and resolution and all the field reps are dispatched with the purpose of "helping" folks in need. Some of the sales tactics I have read about here seem to have been an attempt by the field rep to create a sale in order to meet objectives and make a paycheck.They don't train that kind of stuff. As a former employee, I can name names of folks who work their fannies to the bone every week at JK Harris to help people resolve their tax problems. We used to get a daily recording of tax case successes from Josh Baker, so I know they have been successful at least part of the time. You need to do whatever it is to get fair treatment and resolution of your case. If they haven't performed or some sales person made false promises, then you need to be able to get a refund. If the case specialist has dropped the ball, not worked the case, then I would always call the representative you met with first and ask them to: 1. Submit your request to the TC cooordinator, via extension 2265 on the 800#. This notifies the case specialist and supervisor. 2. If no call back, ask your sales person to escalate the case to the VP of Operations, Mark Monoghan. 3. If, by chance you have not gotten any response, which is highly unlikely, the you need to ask your sales person to escalate to Charlie Jones. It will get done. Period. Good Luck M. Katz
Peter
Salem,#113Consumer Suggestion
Fri, October 20, 2006
To Prisilla, and others that have been ripped off, After the frustration JK Harris has put you through, taking them to small claims will be a joy. JK only responds to pain. Pain as in having to refund your money. Their stratigey is to frustrate you to the point that you will give up. The only way to retrieve your funds and more, is to take them to small claims in whatever state you live in. You name JK Harris as the defendant, and the sales person as the codefendant. Use the address where you met the sales person as the serving address. You can't get the sales person served, for they move from office to office, and there may be only one or two for a particular area. In our area, Massachusetts, Karen Barry of Pepperall MA, moves to many offices. When you file the papers, ask for the maximum amount allowed by law in your state. When you go to the hearing, ask for "Treble damages", (3x's) the amount. Explain to the judge how they have stalled and lied to you. You will win, for JK doesn't feel they have to appear due to the arbittration clause in the contract. However, JK has to appear to argue the clause, and they never do. Should they appear, they would have to explain why they haven't performed, or refunded you your money. So you win through default. JK still will not pay you, but now the fun begins. 30 days from your award, you reappear in court for a collection hearing. That is where you explain that JK Harris has refused to honor the court order. Now you get a "Capias", naming the sales person, for you can't have JK Harris arrested, for he's out of state. The sales person can now be arrested and dragged into court to explain why they haven't honored the court order, and paid you. Send a copy of the Capias to the sales person at the office address, and fax a copy to JK Harris. You should receive payment very quickly after that. Do not sign any type of non-disclosure agreement to get your funds, You do not have to they must pay you by order of the court. That is the proceedure I followed to get my funds, and have advised other to do the same. It is a litle time consuming, but when you get the Capias, you have a world of fun making Monica's life miserable. She personally called me and told me I am the most "Despicable person she ahas ever known", before she hung up on me. That was about four years ago, and I have been able to help many people since then. I also email Monica occasionally to let her know how I am helping her to return the funds to Jk's customers. I also advise her of what I am doing such as looking into what federal laws they may have broken, where as they have been perpetuating this scam for at least 6 years. I have recently filed a brief with the Department of Justice, for I am confident that JK probable qualifies under the RICO Act, and also for criminal fraud and mail fraud. Time will tell, I am not a lawyer, but you can get alot of innformation off the internet. So if you would like to put JK out of business, send them an email at their address in Washington, complain about JK Harris. JK Harris is not going to change their ways but a few small claims cases. That is like a mosquito bite. The only way to stop JK Harris is to have the federal goverment step in. I also have my local Congressmen looking into my complaint so that it doesn't get lost between the cracks. Kennedy and Kerry compeat to see who can do the most on something like this. If Monica hated me in the past, she will really despise me in the future. Peter Salem, MA
Priscilla
Merrimack,#114Consumer Comment
Thu, October 19, 2006
Thank you so much Peter for responding and I am sure everyone reading this is thanking you too :) The ONLY concern I have, is that after reading how to file a small claims court action, they(the court) want to make sure you tried to attain the funds first directly from who ever you are sueing. But reading a TON of peoples complaints, not only on this site, but others ...like consumerreports.com ect..just google JK Harris, and you can find out ALOT!.. I printed out everyones complaints, PLUS a copy of the BBB for my records.....I realize that JK Harris stalls and stalls and stalls...just like how they ALL treated us when we signed their contract and "stole" our money from ALL of us. I just dont want any "hiccups" when I file. I want ALL my ducks in a row...I have not yet wrote to our attorney general but I will also. Any more "detail" information Peter will help not only me but I am sure ALOT of others that are reading this. Gosh.....how many people are out there that got scammed from this company and have no idea what to do? For some reason, the other day, I googled searched JK Harris,WOW was I surprised!!! I thought I was the only one that was treated this way. Thank God for the internet!!!! And THANK YOU PETER for helping ALL of us!!!!!:)
Peter
Salem,#115Consumer Suggestion
Thu, October 19, 2006
To Prisilla and others, You do not have to wait for JK Harris to respond. They will stall as long as possible, with the hope that you will give up from frustration. Go to amsll calimns court ASAP, file for the maximum amount allowed in your state. Name JK as the defendant, and the sales personas the codefendant. It is important that you include the salesperson. Do not file without nameing a sales person. Use the address where you met them as the serving address. When you go to the hearing, ask for treble damages, (3x's the amount), for the frustration and addition problems that they have created. You will win, for they will not appear, for they cannot explain to the judge why they have been stalling you. When you get that far, let me know, and I will assist you in collecting your award. It's not that hard, just a little time consuming. Sorry I'm stretched for time. Peter Salem, Ma
Priscilla
Merrimack,#116Consumer Comment
Thu, October 19, 2006
Peter, I sent a email to JK Harris, explaining my situation and wanted a refund for services not rendered. They responded by email saying it will take 30-45 days for a response. Now I know this is just a stalling tactic. My question, is that, do I have to wait until the 45 days are up before I proceed to small claims court? Just wondering how long I should wait. Thanks!!
Sue
Akron,#117Consumer Comment
Thu, October 12, 2006
J.K. Harris has stolen thousands of dollars from me and I need to file a suit against them....please help
Dave
Durham,#118Consumer Comment
Tue, September 19, 2006
Dee, I applaud your vigor and commitment to your job. If you are viewing these pages and pages of clients of your company, it should send up a red flag or five. I would be willing to bet you are employed there 6 months or less. I'm also willing to be you were told to come to this website and leave responses to to claims of wrong doings. Dee, JK Harris has been sued in over 5 different states, for deceptive advertising, charges fees for services not provided, and fraudulant business practices. If you are truely wanting to help people then I would suggest you find another company. JK Harris is the most blatent example of what money can buy. Google your company and post something here that shows how they are helping the public. They have cost me money that I can not replace, my taxes are left unpaid and now I have to spend more money to take them to court. If they are taking money from your check for a retirement fund, I would suggest you check the balance, they will take that from you when you are terminated for actually trying to help people.
Peter
Salem,#119Author of original report
Mon, September 11, 2006
In response to Dee, you seem to not get the picture, for I am not complaining about the service I received from JK Harris, for I never received any service. I canceled the contract within 10 days, never provided Any information for to work with, (not that they would have done anything). My compalint is the same as everyone elses. JK Harris cons you out of your money by promising A service. They do not provide that service, and refuse to refund monies paid. That is a con game, and there is certainly enough consistancey with a few hundred complints going back 6 years to show that it is an organized fraud. I am confident that the Postal Service and the Inspector General's Office will be interested in my presentation to them. Say hello to Monica for me. She knows me as "Mr. Despicable". That was what she pesonally called me when she called my house and then hung up. Very unprofesional to take this personel, but she did. Of course she takes protecting JK Harris personel. Peter Salem, MA
William
PLEASANT GROVE,#120Consumer Comment
Wed, August 30, 2006
I read with interest the Rebuttal on Work Ethics posted by an employee of JKH name Dee-Ladson,South Carolina. I am sure a very small number of consumers do as you have said but the majority of consumers have indeed been taken for a ride by JKH. Intentions by JKH may be good but actions are lousy. I have been a victim of JKH and I have nothing to hide and the sales associate was given all facts. Matter of fact, some pertinent facts given to him was not even used to forward to IRS. This was JKH's fault, not mine. I take full responsibility for my tax problem (even though not in my control) and what I blame JKH for is their telling you one thing at the initial meeting and doing exactly the opposite. I feel this is misleading and in my case it was JKH who did not lay all their cards on the table, for I did. So, JKH employee, I take full responsibility for my tax situation but can JKH take responsibility for the mishandling of so many cases, mine included?
Dee
Ladson,#121UPDATE Employee
Fri, August 25, 2006
I am an employee with J.K. Harris and Company. The company, as you should already know, is the #1 tax resolution firm in the United States. The disgrunted customers are usually those that did not lay all of their cards on the table when meeting with the Consultant. We are here to assist those who truly want and need a resolution to their case. Case Specialist, Tax Preparers, are not employed to lie on the customers behalf. Usually, once certain information (i.e. unreported income, property, assets) has surfaced and the customer realizes they truly have not been honest, the customer is desperate and blames JK Harris and Company for the customers current situation. Please.....take responsiblity people! We are here to assist those who want assitance, we are not here to lie for you, tell you how to hide your assets. If you were honest to begin with, perhaps your situation would not warrant your desperate and pathetic ethics. I am now going back to work!
Peter
salem,#122Author of original report
Mon, August 21, 2006
It has been a while since I filed my original complaint. The outcome was that I took JK Harris to small claims court,a nd was awarded all my funds, plus interest and court costs. I also received the undieing lothing of Monica Linder. I am probable the only customer that she personally called and told them (me), that "I was the most despicable person she has ever known." Some people would be offended, I think it's a compliment coming from her. Now if you want to get your funds back, its fairly simple, but a little time consuming. This is what I did. First, stop calling JK Harris. they will not return your calls, or just give you the run around. Next, go to small claims court in your town or city, and file for the maximum amount allowed by law. Name JK HArris as the defendant, and the sales person as the codefendnant. Use the address where you met them as the service address. In my case, and usually as standard operating procedure, JK Harris never appears. As Monica LInder has stated, "They dont recognized the courts jurisdiction, due tothe arbitration clause". First, the contract is void due to breach, based on lack of service. Second, a contract canot benefit one party and not the other. So when you go to small claims court, explain to the court the hell that JK Harris & CO has put you through and ask for "Treble" Damages, (3x's the amount). You will win through default. In 30 days time go to a collection hearing, for JK Harris wouldn't have paid you yet, and ask for a "Capias", naming the sales person. That is an arrest warrant to bring them into court to show cause why they haven't paid you. The nicest way to serve this is to send a copy to the sales office, and one to Monica Linder at JK Harris Corporate, asking where the most convenient place is to serv the Capias. This is usually when you get your money, and very quickley. Also, "DO NOT" sign any non disclosure agreement with JK Harris. You don't have to to get your funds. The funds are being returned because of a court order, not out of the goodness of JK Harris. Should you have any questions, or need assistance, please contact me. Oh, by the way. Monica Linda, via JK Harris's attorney, in a recent court hearing complainted that I was "Stalking and harrassing her." the judge didn't think much of it. After all, I'm just trying to assit JK Harris in returning the funds to their victems.