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Terminal Blocks

How Do I Block A U.S. Federal Levy On My Account Or Paycheck?

In order for the Internal Revenue Service to comply with the decrees of Congress, they have got to firstly give the subject of the levy what is called a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in relevant part that no levy may be made on any assets or right to property of any person unless the Secretary has warned such person in writing of their entitlement to a hearing under this section before 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 abode 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 30 days before the day of the first levy.

When you take delivery of the notice, it is indispensable that your application 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 Collection Due Process 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 Collection Due Process Hearing is the most successful way to halt 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 very strongly 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 Internal Revenue Service levy by timely demanding a CDPH as provided in 26 U.S.C. § 6330(b)(1). However, if correct steps are not taken to win 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 designed to give you the absolute best chance to prevail in your hearing.

It has happened frequently that I have heard of circumstances where the Internal Revenue Service sent a levy to an employer or financial institution prior to sending the Final Notice of Intent to Levy. It is still possible to request a CDPH hearing in a situation such as this and get the collection activity suspended 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 almost certainly few feelings worse than the one that happens when your bank or employer give you notice that they have been served or mailed with a Notice of Levy by the Federal tax authorities requiring 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 paperwork it is a necessity to have to render the circumstances as harmless as possible and eventually prevail.

Follow me on Twitter.com/legalbear See you there.

Tips & Tricks for Court is a Yahoo Group that has over 3200 members. Many of those members are knowledgeable and willing to discuss your IRS lien and contribute to a solution to your problem. You may want to join the group.