Public Mediation

My Claim vs. Moritz Cadillac Bmw Known 1Auto Group

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R. W. vs. Cadillac Of Arlington - Formely Moritz Cadillac Bmw - Group 1 Automotive
2001 N Collins St, Arlington, Texas, 76011-8800, United States
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Statement of Claim
"iN April of 2007 a discrimination complaint was filed by Counselor M Roger Hubut.  The claim was setttled by Counselor Pat Mahera counsel for Moritz  Cadillac .  However, they sugessted by Mr Hurlbut that the amount of 3500.00 be held out by Moritz Cadillac for Taxes.  I have not received any record of taxes having filed by the dealership or notice of the money being returned.  When I filled my taxes I was told that the claim was not taxable.   The dealership is now called Cadillac of Arlington  amd owened  by 1 Auto Group of Arlington .  They also have the BMW, Chev, Kia, and several other dealerships.   Telelphone  817-436-5738 and located at 2001 N collins , Arlington Texas. I was dismissed April 2 2007 because of the lawsuit.    I am asking for a copy of the tax form or front and back of the canceled check.  I was also asked to stay to reconcile the BMW account for the end of the month.   Which I Did.    Mr Chuck Mamach was the Comptroller and Sherry Gritton was in charge of employee taxes and savings accounts.   New adddress 1035 n Cummings Dr. #12 Alvarado Texas--76009"
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What Claimant Wants Hide
Just make me happy!
Claimant invites Cadillac of Arlington - formely Moritz Cadillac BMW - Group 1 Automotive to make a fair offer to resolve this complaint.
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • "Group 1 Automotive purchased only the assets of this dealership on 11/11/13. Moritz Cadillac retained all liabilities associated with this dealership. Please contact the Moritz Group regarding this claim. "

This claim will remain posted until resolved.

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Is this a fair resolution?
  • Question: by Sandra Jovan (430 points) — I Love Helping Mediate Cases In Real Estate, Investments And Divorce
  • On: 09-20-2017
  • So it seems to me that you have two unanswered questions, 1) were taxed properly withheld or should they not have been withheld because from what you were advised they are't do on a settlement?, and 2) Did the merger agreement actually provide for a sale of assets only and not a business sale where the liberty would survive to the purchaser?  Did you try to contact Moritz?  It is possible that they retained all liabilities- although Im not sure if a tax withholding would be included because there are some IRS regulations in that regard.  You might want to call the IRS and ask them about the procedure Moritz used and if its permissible or regulated in any way by the IRS.  

    On the merger liabilities, without seeing a copy of the agreements its impossible to tell who owes you the money.  Are you sure Moritz didn't declare bankruptcy?  IF they had you debt is probably gone, but they would have also had an obligation to contact you prior to settlement since you would have been a creditor.  I'd suggest you send a copy of this claim to both parties and try to figure out who owes you what- but first confirm with the IRS whether your settlement was exempt from taxes.  Then confirm if and how much Moritz paid the IRS of the amount withheld. They could be in some trouble if they pocketed the withholding while claiming otherwise.   In any event, they owe you some answers. 

  • Question: by Jim Wicks (1782 points) — Former Atip Intern, Occasional Contributor And Moderator
  • On: 09-20-2017
  • Additional question for the Claimant:  This claim calls for no specific settlement terms.  The only request is for the tax form and canceled check.  Does that  constitute the whole of your claim?
  • Comment: by Jim Wicks (1782 points) — Former Atip Intern, Occasional Contributor And Moderator
  • On: 09-20-2017
  • To the claimant:  If Group 1 is correct, that Moritz has responsibility for all liabilities, your request for copies of tax records and canceled check should go to Moritz.  Have you asked PeopleClaim to forward the claim to Moritz?  Do you have contact info for them?
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