By What Means Do I Bring to a Halt to a U.S. Federal Levy On My Account or Paycheck?
In order for the IRS to comply with the directives of Congress, it is requisite that they firstly provide the subject of the levy what is called in the statutes a Final Notice of Intent to Levy pursuant to 26 USC § 6330(a)(1) which provides in relevant part that no levy may be made on any property or right to property of any person except 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 handed to you personally; left at the dwelling 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 are given 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 obtain the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDPH (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 CDPH (Collection Due Process Hearing) is the most effective way to stop 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 highly 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 Internal Revenue Service levy by timely requesting a CDPH (Collection Due Process Hearing) as provided in 26 U.S.C. § 6330(b)(1). However, if right steps are not taken to be victorious in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood hold against you and move forward on the levy. The IRS Terminator package is designed to give you the absolute best chance to be victorious in your hearing.
It has happened frequently that I have been told situations where the IRS sent a levy to an work place or bank ahead of sending the Final Notice of Intent to Levy. It is still workable to request a CDPH hearing in a situation such as this and get the collection action put on hold before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package whose aim is to competently request a Collection Due Process Hearing in a situation where the statutorily required notice has not been sent.
There are doubtless not many feelings worse than the one that comes upon you when your bank or work place notifies you that they have been mailed 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 supplies you with the tools you must have to render the situation as meaningless as possible and finally prevail.
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Tags: 26 USC § 6330(a)(1), bank account, Block IRS levy, CDP hearing, CDPH, Collection Due Process Hearing, Final Notice of Intent to Levy, Internal Revenue Service, irs, Notice of Levy, paycheck, stop IRS levy