Resource Center

RESOURCES



CONSUMER PROBLEM RESOURCES

Can My Wages Be Garnished?

This brochure explains when your wages can be garnished and when your wages cannot be garnished.


What Can I Do if I Am Being Harassed by a Collection Agency?

This brochure explains what steps you can take when a collection agency is calling you.


What Should I Do If I Need Car Repairs?

This brochure explains what you can do to protect yourself if you need car repairs.


How to Buy a Used Car

Helpful tips for buying a used car. 


What Is Bankruptcy?

This brochure explains how bankruptcy works.


How Bankruptcy Can Help You Reinstate Your Driver’s License

Filing a bankruptcy can help you get your driver’s license back if you owe a considerable amount of money due to an uninsured accident. 


What should I do if my house is being foreclosed on?

This brochure explains your rights what to do if you are facing a foreclosure. 


How to File an Answer to a Complaint

If someone files a lawsuit against you, you must file a written response to the lawsuit within 28 days of when you got the court papers. A written response to a lawsuit is called an Answer. This packet tells how to prepare your Answer. The packet also has a fill-in-the-blank Answer that you can fill out and file with the court.


What's the Deal with Pay Day Loans?

This brochure explains how pay day loans are structured and regulated.


Has someone filed a debt collection lawsuit against you?

Watch our informational video.


Links to Other Resources


Get a Free Copy of Your Credit Report

You can get a free copy of your credit report from AnnualCreditReport.com.


What You Should Know About Your Credit Report

This brochure from the National Consumer Law Center has information on how to get a free copy of your credit report and how to understand the information on your credit report.


Search the Ohio Attorney General’s Complaints

You can search the Ohio Attorney General’s complaints to see if other people have complained about a business.


File a Complaint with the Ohio Attorney General

If you think you a business took advantage of you, you can file a complaint with the Ohio Attorney General.


Federal Trade Commission’s Guide to Buying a Used Car

This Federal Trade Commission site will explain how to figure out what that used car is really worth. It will give you a list of things to look at when you are going to buy a used car. It will also explain how to make sure you are not getting taken advantage of by the car dealer.


File a Complaint with the Federal Trade Commission (FTC)

If you are having problems with rip offs or imposter scams; problems with mobile devices, telephones or phone plans; problems with internet service, online shopping or computers; problems with education, jobs and making money; problems with credit and debt; problems with robocalls, unwanted telemarketing, text or spam; or problems with many other issues, you can file a complaint with the FTC


EDUCATION RESOURCES

Special Education: Your Rights and Responsibilities

This brochure explains the rights and responsibilities parents and students have to a free, appropriate public education. The brochure talks about the Individualized Education Program (IEP) and other rights.


School Discipline: Know Your Rights

This brochure explains the school discipline process and the rights of students and parents.


Understanding Truancy

This brochure explains how a student becomes a habitual truant student, how that affects the student and the student’s parents, and how to fix the truancy issues.


Frequently Asked Questions about the Supporting Alternatives for Fair Education

The SAFE Act is legislation designed to reduce the number of out-of-school suspensions and expulsions of students in pre-K through 3rd grade.


Frequently Asked Questions about School Fees

ORC § 3313.642 states that “[N]o board of education of a school district shall charge a fee to a pupil who is eligible for free lunch… for any materials needed… to participate fully in a course of instruction.”


Frequently Asked Questions about Enrollment

This brochure explains the rules around school enrollment.


Links to Other Resources


How do I get my child evaluated for special education services?

Disability Rights Ohio has information and forms on how you can have your child evaluated for special education services.


Getting a school to follow your child’s Individualized Education Program (IEP)

Disability Rights Ohio has information and forms on how you can have your child’s school to follow his or her IEP.


A Guide to Parent Rights in Special Education

The Ohio Department of Education publishes A Guide to Parents Rights in Special Education. It is available in several languages.


Special Education: Early Intervention Services & Payment for Services

Disability Rights Ohio has a brochure on early intervention services for infants and toddlers with disabilities. The brochure also talks about how those services are paid.


Special Education: Behavioral Problems in School

Disability Rights Ohio has a brochure on how to address behavior problems when the child has an Individualized Educational Program (IEP).


FAMILY LAW RESOURCES

If you need to contact an advocate immediately, call the National Domestic Violence Hotline, 24 hours a day, at 800.799.7233, or go to www.thehotline.org.

  • Information on Domestic Violence, Sexual Violence, and Stalking Petitions

    Family Violence: Get Safe and Get Help

    This brochure explains your rights when you or someone in your family is the victim of domestic violence.


    How to Represent Yourself at a Domestic Violence Civil Protection Order Final Hearing

    This brochure explains how to represent yourself in a final hearing for your Domestic Violence Civil Protection Order case.


    How to Present Evidence in Court

    If you represent yourself in a Civil Protection Order hearing, you may want to introduce evidence. Evidence may include photos, text messages, or audio recordings. This brochure explains how you can present evidence in court when you represent yourself.


    Domestic Violence and Public Benefits

    This brochure explains the rights victims of domestic violence have when receiving Ohio Works First (OWF), food stamps, and subsidized housing.


    Ohio Works First (OWF) hardship extension

    If you are a victim of domestic violence, you may be able to have your Ohio Works First benefits extended beyond the normal 36-month limit. This brochure explains how you can ask to have your Ohio Works First benefits extend past the 36-month limit.


    Fair Housing Protections for Survivors of Domestic Violence

    This brochure talks about the rights a survivor of domestic violence has under the Fair Housing Act and other laws.


    Court Forms


    Domestic Violence Civil Protection Order

    This packet is designed to help someone file for a Civil Protection Order if you are considered a family our household member of the person you are filing against. For more information on if you qualify as a family or household member, please review the information on the first page of this packet.


    Dating Violence Civil Protection Order

    This packet is designed to help someone fie for a Dating Violence Civil Protection Order if you are or were in a “dating relationship” with the other person within the past twelve (12) months. For more information on if you qualify for a dating violence protection order, please review the information on the first page of this packet.


    Civil Stalking or Sexually Oriented Offense Protection Order

    This packet is designed to help someone file for a Civil Stalking or Sexually Oriented Offense Protection Order (CSPO or CSOOPO). A CSPO is appropriate if the other person’s actions constitute menacing by stalking. A CSOOPO is appropriate if you are the victim of a sexually oriented offense. For more information on if you qualify for a CSPO or CSOOPO, please review the information on the first page of this packet.


    Juvenile Civil Protection Order

    This packet is designed to help someone file for a Civil Protection Order against a person that is considered a minor (under the age of eighteen (18) years old). Please note: the age of the Petitioner is irrelevant; the Court only looks at the age of the Respondent to determine if a Juvenile Civil Protection Order has been correctly filed in the Juvenile Court.


    Local forms:


    Licking County

    If you are filing your packet in Licking County, you are required to fill out and submit this additional form.

  • Information on Dividing Assets in a Divorce and Spousal Support

    Temporary Orders in a Divorce Case

    This brochure explains how you can request temporary orders in your divorce case for custody, support, and payment of debts and/or expenses.


    Spousal Support

    This brochure explains how spousal support is awarded in a divorce case.


    Real Estate and Divorce

    This brochure explains how the Court will address real estate in a divorce action.


    Pension or Retirement Plan and Divorce

    This brochure explains how the Court will address a pension or retirement plan in a divorce action.

  • Grandparent and Kinship Caregivers (non-parents)

    Grandparent’s Visitation and Custody Rights

    This brochure explains a grandparent’s rights with his or her grandchildren. The brochure talks about when a grandparent has a right to visitation and when a grandparent can receive child support for a grandchild.


    Kinship Caregivers – Financial Options

    This brochure provides some financial options for grandparents and other kinship caregivers who are caring for minor children whose parents are unable or unwilling to do so, including kinds of cash and food assistance, medical coverage, and childcare.


    Kinship Caregivers – Legal Options

    This brochure provides some legal options for grandparents and other kinship caregivers who are caring for minor children whose parents are unable or unwilling to do so, including finding a lawyer, potential options for free or reduced-cost legal help, and filing for legal custody.


    Kinship Caregivers – Education Options

    This brochure provides some education options for grandparents and other kinship caregivers who are caring for minor children whose parents are unable or unwilling to do so, including special education options, Head Start, grants and scholarships for higher education, and kinship care support programs.


    Kinship Caregivers – Medical Services

    This brochure provides some medical options for grandparents and other kinship caregivers who are caring for minor children whose parents are unable or unwilling to do so, including Healthy Start and Healthy Families Programs, nutritional assistance, and early intervention services for kids with developmental delays.


    Forms


    In addition to the forms provided below, your county may have specific forms that must be filed for their county.  You should review the Local Forms section on the prior page (“Domestic Violence and Family”) to see if your county is listed.


    Power of Attorney: 


    Grandparent Power of Attorney (with Parents Agreeing)

    This packet has fill-in-the-blank forms for when parents agree to allow a grandparent to make school and medical decisions for a child.


    Grandparent Power of Attorney (with Parents Unavailable)

    This packet has fill-in-the-blank forms for when a grandparent wants to make school and medical decisions for a child but the parents are not available to agree to this.


    Visitation:


    Complaint for Visitation

    Use this packet if you are a grandparent or other relative of the child, you are asking the Court to grant you visitation with the child, the child was born to an unmarried mother OR one of the child’s parents is deceased, and NO other court action has been filed regarding this child.


    Motion for Visitation in Domestic Relations Court

    Use this packet if you are a grandparent or other relative of the child, you are asking the Court to grant you visitation with the child, AND the parents of the child were married and are going through a divorce/have been through a divorce or other action in domestic relations court involving the child.


    Motion for Visitation in Juvenile Court

    Use this packet if you are a grandparent or other relative of the child, you are asking the Court to grant you visitation with the child, AND there is a current or prior case in juvenile court regarding this child.


    Custody:


    Non-parent Complaint for Custody in Domestic Relations Court

    Use this packet if you are a non-parent who wants to file for custody of a minor child AND the parents are married AND there has never been a case filed regarding this child.


    Non-parent Complaint for Custody in Juvenile Court

    Use this packet if you are a non-parent who wants to file for custody of a minor child and there has never been a case filed before regarding this child.


    Non-parent Complaint for Custody and Motion to Intervene in Domestic Relations Court

    Use this packet if you are a non-parent who wants to file for custody of a minor child, the parents of the child are married, and there is a divorce case pending regarding this child or a case has been filed in the past.


    Non-parent Complaint for Custody and Motion to Intervene in Juvenile Court

    Use this packet if you are a non-parent who wants to file for custody of a minor child, the parents of the child are not married, and there is a case pending regarding this child or a case has been filed in the past.


    Acknowledgement, Consent, and Waiver

    If you and the parent(s) agree for you to have custody, have the parent(s) sign this form and submit with your Complaint packet. Each parent should sign their own form.


    Children Service’s Cases:


    Complaint for Custody in Children Services filed case

    Use this packet if you are a non-parent who wants to file for custody of a minor child and there is a case pending regarding this child that has been filed by Child Protective Services/Children Services Board.


    Notice Form for Foster or Kinship Caregiver

    If Child Protective Services has placed the child in your care, either as a foster caregiver or a kinship caregiver, you have the right to be given notice and the right to be heard in the ongoing court case regarding that child.  If you are not receiving notices, fill out this form and submit to the Juvenile Court that is hearing your case.


    Additional Resources:


    Ohio KAN (Kinship & Adoption Navigator)


    Ohio Resource Guide for Relatives Caring for Children


    Ohio Legal Help


HOUSING RESOURCES

Can My Landlord Just Kick Me Out?

This brochure explains your rights when your landlord wants you to move out.


Security Deposits

This brochure explains the what, why, and how of security deposits.


Second Cause Eviction Claims

This brochure explains what you can do if your landlord sues you for rent.


Can my landlord enter without notice?

This brochure explains your rights when your landlord enters your home without notice.


What if I rent and need a service animal?

This brochure explains your rights what to do if you rent and need a service animal.


My landlord wants to evict me. Can they do that? (Seven Steps of the Eviction Process)

This brochure explains the eviction process.


I received a notice to leave. What do I do?

This brochure explains what to do if you receive a notice to leave.


How do I end my lease?

This brochure explains how to terminate a lease.


My landlord is not paying the utilities.

This brochure explains what to do if your utilities are not being paid.


My Landlord Isn't Making Repairs: Rent Escrow Guide

This booklet explains what you can do when your landlord isn't making necessary repairs and the process for escrowing your rent.


What should I do if my house is being foreclosed on?

This brochure explains your rights what to do if you are facing a foreclosure.


HEALTH CARE RESOURCES

Apply for Medicaid through the Ohio Department of Medicaid

The following people may qualify for Medicaid coverage in Ohio:

  • Low-income individuals
  • Pregnant women, infants, and children
  • Older adults
  • Individuals with disabilities.


Apply for health insurance through HealthCare.gov

Health insurance plans are available for anyone in Ohio who does not have coverage through an employer, a family member, or the government. HealthCare.gov has information on how to apply for health insurance.


Find a Community Health Center

Community Health Centers provide primary and preventative health care regardless of insurance or ability to pay.


The Charitable Healthcare Network (formerly Ohio Association of Free Clinics) has information on free health care clinics throughout Ohio for people without health insurance


Find a Safety Net Dental Care program

Safety Net Dental Care programs provide dental care at a reduced fee or for free to clients who are uninsured and have low incomes.


Apply for medical care through the U.S. Department of Veterans Affairs

If you are a veteran, you may be eligible to get medical care through the U.S. Department of Veterans Affairs.


Find a VA health care facility

If you are a veteran and have already signed up for coverage through the VA, you can find a nearby health care facility.


Find other information on health care in Ohio


PUBLIC BENEFITS RESOURCES

ALERT: Did you get Pandemic Unemployment Assistance (PUA) during the COVID-19 pandemic? 


Recently the Ohio Department of Job and Family Services’ (“ODJFS”) Office of Unemployment Compensation reviewed PUA cases. As a result, ODJFS is sending email alerts to some people who received PUA benefits during the pandemic. 


The email alert is to inform the person that new notices have been added to their PUA account. The new notices may say that your application was fraudulent because you did not provide ODJFS with required identity documents; that you have an overpayment; and that you must repay the PUA benefits you received, serve penalty weeks, and pay 15% interest. 


WHAT TO DO:


1. Check your email and PUA accounts. ODJFS will send the alert to the email address you used when you applied and received PUA benefits. The actual notice will be in your PUA account. Log into your PUA account here


2. If you received a notice, you have 21 days from the issuance date to appeal. Follow the directions in the Appeal Rights section in the notice on how to file an appeal and provide copies of the required identity documents. 


There are 7 items that are required: photo ID, full legal name, date of birth, legal presence in the U.S., social security number, street address, and bank account (if you elected direct deposit for your PUA benefits). Some documents, such as a driver’s license and birth certificate can be used to prove more than one item. For a list of required documents, click here.  


There are two ways to file an appeal: 

  • You can file your appeal online and upload copies of your identity documents; OR 
  • Call 1-877-574-0015 to provide the information for the appeal. If call volume is high, it may be difficult to reach an ODJFS representative, so we recommend filing online. You can visit your local Ohio Means Jobs (OMJ) office to access a computer to file an appeal. 


If you miss the deadline, you can still file an appeal, but you may first need to prove you had good cause for missing the deadline. 


3. Once you appeal, you should: 

  • Watch for a notice in your account that your case has been transferred to the Unemployment Compensation Review Commission (UCRC). 
  • Watch your mail for a Scheduling Notice with your hearing date. 
  • Continue to monitor your PUA account for new notices. 
  • If a hearing has been scheduled and you want help, you can contact LASCO, formerly known as Legal Aid Society of Columbus or Southeastern Ohio Legal Services. 


4. If you did not receive a notice: You should check the email frequently and/or log onto your PUA account and look for new notices. 

Update Your Information for Medicaid!

**Important: During the pandemic, Medicaid did not end for most people. Job and Family Services is checking to see if people are still eligible. The brochure above and the video below explain how to update your information with Medicaid so you keep receiving the benefits you're eligible for.

Medicaid Waiver Programs

This brochure explains Medicaid waiver programs for people with health issues that limit their daily life including trouble dressing, getting around, toileting, and eating. These programs can help with things like home health care, durable medical equipment, adult day services, and more.


Medicare Basics

This brochure explains the basics of Medicare, including who is eligible and different Medicare programs and what they cover.


Medicaid Treatment for Children

This brochure explains what Medicaid covers for children.


Medicaid Coverage for Behavioral Health

This brochure explains what mental health and substance use disorder benefits Medicaid must cover.


You have the right to a state hearing

This brochure explains your rights when you disagree with a decision by your Job and Family Services office.


What can I do if I am sanctioned?

This brochure explains what to do if Job and Family Services sanctions your food stamp, Ohio Works First, or Medicaid benefits.


Ohio Works First (OWF) hardship extension

This brochure explains how you can ask to have your Ohio Works First benefits extend past the 36-month limit.


Medicaid Estate Recovery

This brochure explains how Ohio’s Medicaid Estate Recovery program works. The Medicaid Estate Recovery program allows the state of Ohio to collect Medicaid payments from the estates of former Medicaid recipients.


Apply for Unemployment Benefits through the Ohio Department of Job and Family Services

To receive unemployment benefits, you must apply through the Ohio Department of Job and Family Services. After you are approved for benefits, you must file a claim each week until you get a new job.


Apply for Ohio Works First, Food Assistance, or Medical Assistance

You can apply for several types of public benefits through the Ohio Department of Job and Family Services. You can apply online or by contacting your local Job and Family Services office.


Links to Other Resources


Information about Medicaid eligibility, how to enroll, health care services covered by Ohio Medicaid, and other programs


Information about financial assistance for child care and other programs


Information on help with utilities



REENTRY RESOURCES

Record Sealing Brochure

This document explains who can seal their record and what types of convictions can be sealed.

CQE Handout

This document explains what a Certificate of Qualification for Employment (CQE) is and the process for getting one to help with employment following a criminal conviction.

CQEs for Employers

FAQ about Certificates of Qualification for Employment.


Record Sealing Application

A blank record sealing application with a form to request a filing fee waiver.


SENIORS RESOURCES

Medicaid Estate Recovery

This brochure explains how Ohio’s Medicaid Estate Recovery program works. The Medicaid Estate Recovery program allows the state of Ohio to collect Medicaid payments from the estates of former Medicaid recipients.


How to Revoke a Financial Power of Attorney

This brochure explains the steps you need to take to revoke a Financial Power of Attorney. The brochure also has a fill-in-the-blank form you can fill out to revoke the Financial Power of Attorney.


How to Revoke a Durable Power of Attorney for Health Care and Living Will

This brochure explains the steps you need to take to revoke a Durable Power of Attorney for Health Care and Living Will. The brochure also has a fill-in-the-blank form you can fill out to revoke the Durable Power of Attorney for Health Care and Living Will.


Grandparent’s Visitation and Custody Rights

This brochure explains a grandparent’s rights with his or her grandchildren. The brochure talks about when a grandparent has a right to visitation and when a grandparent can receive child support for a grandchild.


Grandparent Power of Attorney (with Parents Agreeing)

This packet has fill-in-the-blank forms for when parents agree to allow a grandparent to make school and medical decisions for a child.


Grandparent Power of Attorney (with Parents Unavailable)

This packet has fill-in-the-blank forms for when a grandparent wants to make school and medical decisions for a child but the parents are not available to agree to this.


Links to Other Resources


Create Your Own Power of Attorney for Financial Affairs

You can create your own Power of Attorney for Financial Affairs online. This form only works for residents of Ohio.


Create Your Own Will

You can create your own simple will online. If you need a more complex will drafted, you should talk with a private attorney. This form only works for residents of Ohio.


Health Care Power of Attorney, Living Will, and Donor Registry

This packet from the Ohio State Bar Association has fill-in-the-blank forms for a Health Care Power of Attorney, a Living Will, and a Donor Registry. You do not need to fill out all three forms. You can fill out the forms you want to fill out.


TAX RESOURCES

  • Low Income Taxpayer Clinics (LITC)

    With the help of a grant from the Internal Revenue Service (IRS), SEOLS hosts a Low-Income Taxpayer Clinic. We assist our clients with federal tax controversies, or problems. We do not file tax returns.


    What Is an LITC?

    LITCs are a network of clinics all over the country who work to assist low-income individuals that have tax disputes with the IRS. LITCs are not directly affiliated with the IRS, even though some funding is provided by the IRS. Our services are geared toward those whose income is below a certain level. Our services are provided under the grants we receive, ensuring our services are offered for free.


    How Can the LITC Help Me?

    Our attorneys represent taxpayers with audits, appeals, tax collection and/or disputes to the IRS. Our clinic can also provide education for taxpayers and provide outreach to those who are low income, or who speak English as a second language. More information on how an LITC may be able to help you.


    I got a letter from the IRS 

    • The IRS has some good information on what to do when you receive a notice from them
    • First, make sure the notice is from the IRS, and not another agency, such as state taxation departments. If you happen to have a notice from the state, you will want to call their agency for a better explanation.  
    • If the notice is from the IRS, you will find instructions on how best to respond written on the notice itself. If you want to speak to a representative, the notice should include general toll-free numbers for the IRS. Some notices may also have a direct contact number for an employee on your case.  
    • You can also look up the different notices and their details here.
  • Child Tax Credit

    This brochure explains what the Child Tax Credit is, how to claim it, what a qualifying child is, and more.

  • Tax Returns

    When do I have to file? 

    • April 15 is the tax return due date, subject to delays for weekends, holidays, or changes in the Law
    • You have THREE (3) years to claim a federal tax refund. If not claimed within three years from the original due date of your return, you will lose your refund
    • You have TWO (2) years to claim an offset of your federal refund or payment made in error, or you lose the refund

    Can I review my past tax filings and information?

    Yes!

    • Go to IRS.gov and select “Sign Into Your Account” 
    • Select the “Sign into your Online Account” button 
    • Click “Id.me Create Account”
    • Pass “Secure Access” authentication. 
    • Individuals must be able to authenticate their identity to continue to set up an account. See IRS.gov/secureaccess for details
    • Create a profile

    Who can help me file past-due taxes?

    • Call 2-1-1 for a referral to free tax preparation services.
    • You can also search for free tax preparer here.
    • You can also visit www.GetYourRefund.org to explore online filing help during the tax season and beyond. Note that this service will not be available year-round. 
    • We do not prepare annual tax returns. If you cannot locate a free filing site to help you, you should look for a qualified tax professional. The IRS maintains a directory of preparers here

    I owe a tax balance and cannot pay. Should I file my return?

    You should file your return by the due date to prevent a late filing penalty (see next question).


    Is there a penalty to filing my return late?

    • There is no penalty assessed by the IRS for filing a late return which qualifies for a refund (if the IRS will owe you money). 
    • For a late return with a balance due to the IRS, the penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%. If your return is over 60 days late, there's also a minimum penalty for late filing. it's the lesser of $435 or 100 percent of the tax owed.

    Are there other penalties besides the late filing penalty?

    Besides the late filing penalty, there is also a late payment penalty. This penalty is one-half of one percent for each month, or part of a month, up to a maximum of 25% of the amount of tax that remains unpaid from the due date of the return until the tax is paid in full.


    What happens to my money if I do not file a return and claim my refund?

    If no return is filed to claim the refund within three years, the money becomes property of the US Treasury. 


    What if I owe the IRS for past due taxes but I really need my tax refund?

    If you are in a hardship situation, you may be able to prevent the IRS from applying your refund to past-due taxes. The IRS will determine that you have a hardship situation if you: 

    • Are facing eviction, foreclosure, or utility shut off.
    • You show that you cannot meet your basic living expenses, and this is causing you harm.

    Have your returns prepared and call Legal Aid to speak to an attorney if this situation applies to you and we may be able to apply for the bypass with the Taxpayer Advocate Service. You may also contact the Taxpayer Advocate Service directly at 513-263-3260 / 1-877-777-4778


    *Please note you cannot bypass the offset if you owe any other federal debt, or a debt being collected through refund offset. Examples of debts which can be collected through a refund offset include child support, social security overpayments, and student loans. 


    Where can I find tax forms to file previous years? 

    • Current and prior year tax forms and instructions are available at IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676). 
    • Taxpayers who need more assistance can call the IRS at 1-800-829-1040.

    I am having difficulty trying to e-file my tax return because I am missing my IP PIN number.

    First, you can try to retrieve your PIN by following the instructions here. If that is not possible, you should file your return by paper and call the IRS at 1-800-829-1040 in approximately FOUR (4) weeks to check the status if you do not receive your refund. (Until IRS mail processing returns to normal after the pandemic, it may be best to wait 8-12 weeks before calling.)


    What is Identity Verification?

    ID Verification is a process that IRS uses to stop fraudulent returns from being processed and refunds going to individuals that do not qualify for them. The IRS has put filters in place to help stop identity theft and releasing these refunds. More information on Identity Verification is available here.

  • Cancellation of Debt and Insolvency FAQs

    When you take out a loan, the money you receive is not income because you are going to pay it back. However, if the situation changes and you are no longer going to pay back the money, the IRS generally considers the portion that will not be repaid to be income. You should receive a Form 1099-C in the mail around the beginning of the year, similar to receiving your W-2 from an employer. You should make sure that your lender has your current mailing address. If you do not receive a 1099-C, you should contact them. You will need the 1099-C when the preparer does your tax filing.  

     

    Does this mean I’m going to owe extra taxes?

    Maybe. You will need to report the cancelled debt on your taxes, but it may not be taxable. You may qualify for an exclusion. It’s best to consult a qualified tax preparer to make sure your taxes are done correctly. 


    What do you mean by cancelled?

    A cancelled debt is one that is no longer going to be collected. It can be cancelled by an agreement between the lender and the borrower, or by a decision by the lender not to collect. It can also be cancelled when the lender runs out of time to collect as matter of law. Debt can be cancelled when the balance due is partially reduced or when the full debt is eliminated. The important part is that some part of the balance due will not be collected. 


    What kind of exclusions might help me?

    There are several exclusions, but two of the most common exclusions are discussed below. You should consult a qualified tax professional to learn more about your situation.   

    • If your debt was cancelled in a successful bankruptcy, then it can be excluded from your taxable income. The debt must have listed in the bankruptcy and discharged by a final decree.
    • If your debt was cancelled while you were insolvent, then you can exclude some of the debt. Insolvent means that your total liabilities (what you owe) exceed (more than) the value of your total assets. You may use IRS Publication 4681 to learn more about these exclusions and the other possible exclusions. You can also find more information online here.

    What should I do to get ready to file my taxes? 

    First, gather any paperwork you have about the cancelled debt, including the 1099-C. Make a list of all the assets you owned when the debt was cancelled. Include everything, including retirement accounts, real estate, bank accounts, and investments. Try to list a fair, current value for each item. Then make a list of all the money you owe to anyone, including the debt that was cancelled. If you need help, you may want to request a credit report from www.annualcreditreport.com. The IRS Publication 4681 has an insolvency worksheet that may be helpful. 


    Who can help me with this?

    • Generally, we recommend that you start with the free tax filing sites to see if they can help you with these issues. You can find free sites near you at this webpage. Not all free filing locations can prepare these types of returns, so you should ask when you make an appointment. 
    • We do not prepare annual tax returns. If you cannot locate a free filing site to help you, you should look for a qualified tax professional. The IRS maintains a directory of preparers here. 
    • If a tax debt results from your return, the LITC may be able help you work with the IRS Collections. Call any of the numbers provided on our Contact Us page, to request more information.
  • Collection Alternatives

    Currently Not Collectible Status (CNC)

    There are times where you agree you owe the IRS, but you cannot pay due to your current financial situation. If the IRS agrees you cannot pay your taxes and your basic living expenses, the IRS may place your account in Currently Not Collectible (CNC) status. For more information, click here.

     

    Payment Plan

    If you cannot pay your balance in full, the IRS offers, depending on the type of tax you owe, and how much, short- or long-term payment plans. 

     

    Short Term Payment Plan

    If you believe you can pay the balance owed in less than 120 days, you may be eligible for a short-term payment plan. There is no cost to setup the payment plan, and you can apply online.

     

    Long Term Payment Plan (Installment Agreement)

    There are a few types of long-term Installment Agreements depending on your tax situation. The two most common installment agreements, however, are guaranteed and streamlined. 

    • Guaranteed Installment Agreement—If your tax liability (not counting interest and penalties) is less than $10,000, and you have complied with your tax obligations for the last five years, you may be eligible for this installment agreement. For more information, click here. 
    • Streamlined Installment Agreement—Generally, if your balance owed is less than $50,000 (including all assessed tax, penalty, and interest), you may be eligible for this installment agreement. For more information, click here.

    Offer In Compromise (OIC)

    An Offer in Compromise allows you to settle your tax debt for less than the full amount you owe. This collection alternative is an option if you cannot pay your full tax liability or doing so creates financial hardship. Note, the OIC process can be lengthy and take several months before you have a resolution. Keep close track of the dates–if the IRS does not reject, return, or you withdraw your offer within two years of the date the IRS receives it, the offer is deemed accepted. For more information, click here. 


    If your offer is accepted: 

    • You must meet all the Offer Terms listed in Section 7 of Form 656, including filing all required tax returns and making all payments for the five years after acceptance
    • Any refunds due within the calendar year in which your offer is accepted will be applied to your tax debt, unless you request a refund bypass, and 
    • Federal tax liens are not released until your offer terms are satisfied. 

    If your offer is rejected: 

    You may appeal a rejection within 30 days using Request for Appeal of Offer in Compromise, Form 13711.

  • Injured Spouse Relief

    What is an Injured Spouse Claim? 

    An injured spouse claim can help you get back part of the tax refund that was withheld to pay your spouse’s debt. An injured spouse claim will not help you get relief from a joint tax debt. A joint tax debt is one that both you and your spouse owe. If you need relief from a joint tax debt, contact Legal Aid or a lawyer about filing for Innocent Spouse Relief (Form 8857). When you file a joint income tax return, the United States Treasury Department’s Financial Management Service (FMS) can apply all or part of the joint refund to one spouse’s past due tax, child support, or federal non-tax debt, such as a student loan. If this happens, FMS will send you a notice. The notice will tell you the name, address, and telephone number of the agency with the debt.


    If the answer to all four of the following questions is “yes,” you might be able to file an injured spouse claim:

    1. Did you file or did you plan to file a joint tax return with your spouse?
    2. Did you expect a tax refund?
    3. Did you receive notice that the IRS would keep your refund, or has your tax refund already been kept?
    4. Was the tax refund kept to pay your spouse’s past due tax, child support, or federal debt, such as a student loan?

    How do I qualify for an injured spouse claim? 

    You qualify for an injured spouse claim if you meet all the following three conditions:

    1. You are not required to pay the past due tax debt. This means that the tax debt occurred before you got married OR your spouse is the only one who owes the debt. (Examples: past due child support, defaulted student loans, foreclosures on federal loans, unpaid state and federal income taxes and other federal debts.)
    2. You reported income on the joint tax return. This means some or all of the income on the tax return belongs to you. Income includes wages and self-employment.
    3. You made and reported payments on the joint return. Payments include federal income tax withheld from your wages, estimated tax payments, or refundable credits, such as the Earned Income Tax Credit or additional child tax credit.

    How do I request an injured spouse claim? 

    You can request an injured spouse claim by filling out IRS form 8379.

    • If you have not filed your joint tax return, attach Form 8379 behind your return and enter “Injured Spouse” in the upper left corner of the return.
    • If you have already filed your joint tax return, sign the back page of Form 8379 and send it to the IRS. Mail the form to the Internal Revenue Service Center where you lived when you filed the joint return. You can find this by going to IRS.gov and searching for “where to file.”
    • Please include copies of all W-2 and 1099-R forms of both spouses showing income tax withheld. Attach the copies to Form 8379.
    • Form 8379 is available on the IRS website. 
    • It can take the IRS up to eight weeks to process the injured spouse claim.

    When should I request an injured spouse claim? 

    If you received a letter from an agency telling you that your tax refund would be withheld to pay your spouse’s debt, you should request an injured spouse claim when you file your joint tax return. You can attach Form 8379 to your tax return and mail it to the IRS. If you did not receive a letter telling you that your tax refund would be withheld, you should file for an injured spouse claim as soon as the FMS keeps your tax refund. You must file the claim within 3 years of the due date of the return.


    What if I don’t agree with the amount of my injured spouse claim? 

    You should write to the IRS and ask for a copy of the Injured Spouse Claim Worksheet or call SEOLS.

  • Frequently Used Tax Forms and Publications

    Below is a recap of frequently used tax forms and publications. Visit the IRS website to see all the available forms.

    • Your Rights as a Taxpayer. As a taxpayer, you are entitled to certain rights when dealing with the IRS. These include, but are not limited to, the right to be informed, the right to appeal an IRS decision to an independent forum, the right to privacy, and the right to retain representation. 
    • Power of Attorney and Declaration of Representative (Form 2848). This form is used to authorize an eligible individual to represent you before the IRS
    • Tax Information Authorization (Form 8821). This form is used to authorize any individual, corporation, firm, organization, or partnership to inspect and/or receive your confidential information verbally or in writing for the type of tax and years or periods you authorize. 
    • Request for Transcript of Tax Return (Form 4506T). This form is used to request transcripts of tax returns.  
    • Collection Information Statement (Form 433-F). This form may be used by the IRS to obtain financial information necessary for determining how you can satisfy an outstanding tax liability. This form is frequently required before the IRS is able to discuss collection alternatives. 
    • Offer In Compromise (Form 656). If you want to propose an agreement between you and the IRS to settle your tax debt for less than the full amount owed, you will need to complete the Form 656 booklet. In addition, you will need to complete a Form 433-F.
    • Request for Collection Due Process or Equivalent Hearing (Form 12153). If you receive a notice that the IRS intends to place a tax lien or levy your assets, you can request a Collection Due Process hearing. This hearing allows you to appeal the IRS’s collection actions. This document is time-sensitive, so please pay attention to the dates on the notice.
    • Identity Theft Affidavit (Form 14039). If you have been a victim of identity theft, or if someone used your information to file taxes, including incorrectly claiming you as a dependent, you can submit an affidavit to the IRS. 

    Tax Presentations for Organizational Education

    To request a presentation at your organization about issues affecting low-income taxpayers, contact Melissa Skilliter, LITC Director for SEOLS, mskilliter@seols.org.


VETERANS RESOURCES

Discharge Upgrade Opportunities

This document explains discharge upgrades and who can apply for them. It also offers a short explanation of how to apply.


VA Benefits for Veterans' Surviving Spouses

This document explains benefits that are available to some spouses of deceased veterans.


Links to Other Resources


Find Your County Veterans Service Commission

Commissions assist veterans with all VA benefits issues and provide a variety of funds to veterans to avoid homelessness. If you are wondering what benefits you may be eligible for through the VA, you should contact your VSC.


WORK RESOURCES

Can My Wages Be Garnished?

This brochure explains when your wages can be garnished and how the garnishment process works.


Applying for Unemployment Compensation in Ohio

This brochure explains Ohio's unemployment compensation application process.


Unemployment Application - more assistance

This brochure explains what to do if you have not had success applying online or via phone.


Wage Theft

This brochure explains what wage theft is.


Learn more about CQEs

This document explains what a Certificate of Qualification for Employment (CQE) is and the process for getting one to help with employment following a criminal conviction.


Links to Other Resources


Record Sealing Brochure

This document explains who can seal their record and what types of convictions can be sealed.

ODRC CQE informational flyer

This document offers information from the Ohio Department & Correction about applying for a Certificate of Qualification for Employment.


Apply for Unemployment Benefits through the Ohio Department of Job and Family Services

To receive unemployment benefits, you must apply through the Ohio Department of Job and Family Services. After you are approved for benefits, you must file a claim each week until you get a new job.


MORE SELF-HELP RESOURCES

How to Represent Yourself in a Civil Case

This brochure explains how to represent yourself in a civil lawsuit.

Getting into Court and Using the Court System

This brochure answers a lot of specific questions about how you can represent yourself in court.

How to File an Answer to a Complaint

If someone files a lawsuit against you, you must file a written response to the lawsuit within 28 days of when you got the court papers. A written response to a lawsuit is called an Answer. This packet tells how to prepare your Answer. The packet also has a fill-in-the-blank Answer that you can fill out and file with the court.


How to Ask the Court for More Time

If you cannot go to a hearing because of a scheduling conflict, you can ask the judge to reschedule the hearing. This is called a continuance. The packet has a fill-in-the-blank motion for you to fill out and file with the court. The packet also explains how to fill out the motion. Please keep in mind that there is no guarantee that the hearing time will be changed.


How to Handle Witnesses When You Are Representing Yourself

This brochure explains how you can use witnesses in your court case and how to deal with the other party’s witnesses.

How to Present Evidence in Court

This brochure explains how you can present evidence in court when you represent yourself.

How to Ask for an Attorney in a Civil Case When Charged with Contempt

If you have been served with contempt of court papers, you have a right to a court-appointed attorney if you are not able to afford an attorney. This brochure explains how you can ask for a court-appointed attorney.


Filing a Replevin Action

If someone has taken your personal property and will not give it back, you can file a replevin action. In a replevin action, a judge can order the other party to return the property to you. This packet explains replevin actions and has fill-in-the-blank forms for you to fill out and file with the court to ask for your property to be returned to you.


Links to Resources on Other Websites


Representing Yourself in Court: A Citizen’s Guide

This brochure from the Ohio Judicial Conference has information to help people who represent themselves in court.


Small Claims Court: A Citizen’s Guide

This brochure from the Ohio Judicial Conference has information for those who plan to sue someone in small claims court or who are parties to a case in small claims court.


10 Steps for Presenting Evidence in Court

This brochure from the National Council of Juvenile and Family Court Judges explains how you can present evidence in court if you represent yourself.


Fill out a Poverty Affidavit

To file a lawsuit, you usually have to pay court fees up front. You may also have to pay court fees to file certain documents in the middle of a court case. If you cannot afford to pay those fees, you can ask the judge to waive the prepayment of the fees by filing a Poverty Affidavit with the court. This website walks you through the steps of filling out a Poverty Affidavit.


Find a Public Defender for a criminal case through the Office of the Ohio Public Defender

If you have a low income, you have the right to a public defender or court-appointed lawyer in felony criminal cases, misdemeanor criminal cases if jail time is possible, contempt of court cases if jail time is possible, and many juvenile court cases involving those involving Children’s Services. You usually can get public defender if you ask the judge at your first hearing. The Office of the Ohio Public Defender’s website has information on how to ask for a public defender.


Adult Name Change Packet

This packet has fill-in-the-blank forms that you can use to ask a court to change your name.


Minor Name Change Packet

This packet has fill-in-the-blank forms that you can use to ask a court to change the name of your minor child.

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