Is there a way to Prevent an IRS Notice of Levy On My Financial Institution or Wages?
In order for the Internal Revenue Service to abide by the decrees of Congress, they have the duty to firstly give their levy target (that would be you) what is called in the statutes a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in pertinent part that no levy may be made on any possessions or right to property of anyone unless the Secretary has informed such person in writing of their entitlement to a hearing under this section prior to such levy being made.
26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be given in person; left at the residence or usual place of business of such person; or sent by certified or registered mail, return receipt requested, to such person’s last known address; not less than thirty days before the day of the first levy.
When you get the notice, it is VERY important that your request for the hearing be made timely. 26 USC § 6330(a)(3) specifies that the information included with the notice the IRS sends you shall include notice to you of the right to request a hearing during the 30-day period under paragraph (2).
When you are given the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDP hearing is timely requested “the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…” Requesting a CDPH (Collection Due Process Hearing) is the most successful way to prevent an IRS levy on a bank account or paycheck since suspension of collection activity upon such request is mandated by the law.
The IRS has a tendency to try and base your entire hearing upon what you put in that request. It is for this reason I recommend using the addendums that are part of my IRS Terminator package. I explain the importance of the addendums in the videos at www.irsterminator.com.
I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to the Collection Due Process Hearing request being sent. There is a little trick to getting such fast action which is explained in the IRS Terminator package. This makes it possible for the employee to never miss a full paycheck and for the bank depositor to retrieve their funds.
It is not difficult to block an levy by Federal tax authorities by timely demanding a Collection Due Process Hearing as provided in 26 U.S.C. § 6330(b)(1). However, if appropriate steps are not taken to be victorious in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood decide against you and move forward on the levy. The IRS Terminator package is planned to give you the absolute best chance to come out on top in your hearing.
It is not an odd occurrence that I have been told circumstances where the IRS sent a levy to an employer or financial institution before they sent the Final Notice of Intent to Levy. It is still workable to demand a CDPH hearing in a situation such as this and get the collection activity put on hold before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package designed to competently request a CDP hearing in a situation where the notice required by law has not been sent.
There are probably not many feelings worse than the one that happens when your bank or employer warns you that they have been served or mailed with a Notice of Levy by the Federal tax authorities instructing them to keep most all of your next paycheck or deliver the funds in your bank account to them. My IRS Terminator package provides you with the knowledge it is essential to have to render the situation as harmless as possible and eventually overcome.
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