Man Gets Flat Tire; State Threatens Foreclosure (OH)

[OhioChick]

May 20, 2009

FAYETTEVILLE, Ohio -- A broken road reflector cost Paul Holden the price of a new tire, and now it could cost him his home.

That was the threat from the Ohio attorney general if Holden didn't pay $24.66 the state said it spent investigating his claim for the flat tire, NewsChannel5 sister station WCPO-TV in Cincinnati reported.

The saga began Jan. 28, 2008, when Holden hit a 6-pound metal road reflector protruding from the pavement on Ohio Route 286.

"My truck just jumped in the air," said Holden. "The road reflector hit about the center of the tire and ripped a hole about three inches long."

Holden did what any good citizen would do; he called the county to report the problem so others could avoid a similar fate.

"There was about eight or 10 of them missing in that same area, and I just wanted to report it. And when I called to report it, they suggested that I could file a claim," he said.

The state of Ohio charges $25 to file a claim, and you can get that amount refunded if the claim is approved. Holden spent $89 replacing the flat tire, so he decided to roll the dice and file a claim with the state.

Officials responded with detailed reports and road inspection logs showing that crews checked Route 286 at least every two weeks. Because Holden could not prove how long the reflector was dislodged before he hit it, the state said it was not responsible.

Holden could have filed an appeal, but he decided to cut his losses with the $25 filing fee and the cost of the replacement tire.

Then more bills started coming from the state. The first was for an additional $22 for the state's investigation. Ohio officials were even charging Holden more than $6 in postage for letters they sent to him, including the bills.

Each subsequent bill added more fees, and a few cents in interest. Holden decided not to pay the bills because he figured that as the victim, he'd already paid enough.

The final notice came from Ohio's attorney general, demanding full payment within seven days, or the state would go after his "wages and bank accounts." The letter also said, "A sheriff's sale of your personal property may be held, and a foreclosure action against any real estate owned by you may be initiated."

Holden was amazed the state was threatening to seize his farmhouse over a $24.66 bill, but he took that threat seriously.

"When you get a letter from the attorney general stating that they're going to auction off your property until the dollar amount was paid," he said, "it sure seems real to me."

WCPO contacted both the Ohio Attorney General's Office, and the Ohio Department of Transportation, but neither has responded to the station's requests for comment.

Holden paid the bill a few days before the letter from the AG's office arrived, so this should be the end of his ordeal, the station reported.

Meanwhile, the state recently repaved the section Route 286 where Holden's tire was damaged. They installed the very same steel reflectors that have caused serious injuries to dozens of people across the nation.

The state may not have learned its lesson, but Holden said he has learned his.

"Don't file a claim unless you've got some good high-powered lawyers behind you," said Holden, "because as the little guy, you're just out of luck."

http://www.newsnet5.com/money/19514098/detail.html

:wtf:

[Winterblues]

1. Pay the fees and then turn around and sue their ass off.

Gotta pay their fees first though, otherwise they have you...

[Jim Lane]

4. Probably no basis for a suit

If Ohio law is like New York's, he'd have to show that the dangerous condition had existed long enough so that, if the State had been exercising reasonable care, it would have detected and corrected the problem. If the cause of the incident was that some other car knocked over the reflector so that it was lying on the road, that could have happened ten minutes before he drove by.

That leaves him with the argument that the initial installation of this type of reflector was negligence because they're unusually prone to causing problems. That's a hard case to make, and would probably require testimony from an expert witness, whose fee would not be recoverable.

My advice: He should forget about suing and see if he can get a few bucks on eBay for the Ohio AG's threatening letter.

[northernlights]

2. the states are desperate for money

and several (I think Ohio may be one) have already hit up the feds for loans to avoid bankruptcy. So yeah, they'll nickel and dime anybody they can any way they can. Expect to see more of this, and watch traffic tickets rise too. They'll start going after law-abiding citizens in every way they legally can. Happens every recession and there's no reason to think it will be different this time.

Ex: I ran some errands this morning. There were cops out *everywhere* I turned, and I saw a couple people pulled over getting ticketed. This is rural Maine -- where people normally forget to register, forget to change to summer tires, and routinely drive nearly double the speed limit, and the cops normally look the other way or are at the donut shop or something.

I've lived here 6 years -- I've never seen so many speed traps here before, ever. Let alone anybody pulled over.

[safeinOhio]

3. I moved to Ohio

on Jan 1 2008. Now I'm getting bills for state income tax for 2007. Sent them all the paper work, tax forms for 2007, driver license date, etc. Had to turn it over to my CPA. He said they do it to about every one and hope some will miss it and pay them or get fined.