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Man Gets Flat Tire, State Threatens Foreclosure

Reported by: Brendan Keefe
Email: Brendan.Keefe@wcpo.com
Web Produced By: Brooke Anderson
Last Update: 5/21/2009 11:54 am
(Brendan Keefe, WCPO)
(Brendan Keefe, WCPO)
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."

WATCH THE VIDEO IN THE PLAYER ON THE RIGHT


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

That's the threat from the Ohio Attorney General if Holden doesn't pay another $24.66 the state says it spent investigating his claim for the flat tire.

The saga began nearly a year and a half ago on January 28, 2008 when Holden hit a six-pound metal road reflector protruding from the pavement on Ohio Route 286. "My truck just jumped in the air," says 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.

Holden told the county, "there was about eight or ten 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."

The State of Ohio charges $25.00 to file such a claim, and you can get that amount refunded if the claim is approved. Holden spent $89.00 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 $25.00 filing fee and the cost of the replacement tire.

Then more bills started coming from the state. The first was for an additional $22.00 for the state's investigation. Ohio officials were even charging Holden more than $6.00 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'd figured -- 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 says, "it sure seems real to me."

We contacted both the Ohio Attorney General's office, and the Ohio Department of Transportation, but neither has responded to our 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.

Meanwhile, the state recently repaved the section Route 286 where Holden's tire was damaged. Surprisingly, 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 says he has learned his.

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




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