[BOBT12]

Originally Posted by ooak

My wife just received a letter from her employer with the attached IRS form "Notice of Levy on Wages, Salary, ...". Looks like her employer is going to give the IRS all her salary until the debt is paid, starting with her next paycheck. She is freaked!

I have had one of the companies that I do business with ignore the 668 "Notice of Levy". The IRS followed up with one letter. However, that was four years ago, there has been no further response from the IRS. In short, it is my understanding that, the company does not need to respond to the IRS, until the IRS gets a court order demanding that the company take action.

Banks and employers commonly accept IRS Notice of Levy ( Form 668-A(c)(DO)) and Notice of Lien not signed by a judge or magistrate and erroneously surrender property without a court order. That makes them thieves, not Robinhoods! When this happens, you should sue them because they robbed you and are co-conspirators in depriving you of your property without due process of law. As always the defendant's (employer or bank) first motion is a motion to dismiss for failure to state a claim. WRONG!!! Taking property without due process of law in violation of the Fourth and Fifth Amendments constitutes a legitimate claim. The claim lies in the injury caused by the unlawful activity of the bank or employer’s employees. The loss suffered under the claim is a loss of property with a specific value, and it had to be replaced at a specific cost, and it caused public embarrassment and mental stress. That situation can’t be anything but a valid claim.

Emphasis added.

http://famguardian.org/TaxFreedom/In...iolDueProc.htm

“…The government has moved to amend our per curiam opinion, reported at Schulz v. IRS., 395 F.3d 463 (2nd Cir. 2005) (“Schulz I”)… Having considered the arguments of the parties, we grant the petition to rehear for only the limited purpose and to the extent necessary to clarify our prior opinion and hold that: 1) absent an effort to seek enforcement through a federal court, IRS summonses “to appear, to testify, or to produce books, papers, records, or other data,” 26 U.S.C. Section 7604, issued “under the internal revenue law, “ id., apply no force to the target, and no punitive consequences can befall a summoned party who refuses, ignores, or otherwise does not comply with an IRS summons until that summons is backed by a federal court order; 2) if the IRS seeks enforcement of a summons through the federal courts, those subject to the proposed order must be given a reasonable opportunity to contest the government’s request; 3) if a federal court grants a government request for an order of enforcement then any individual subject to that order must be given a reasonable opportunity to comply and cannot be held in contempt or subjected to indictment under 26 U.S.C. section 7210 for refusing to comply with the original, unenforced IRS summons, no matter the taxpayer’s reasons or lack of reasons for so refusing.” [page 3].

Emphasis added.

http://www.givemeliberty.org/RTPLaws...2005-07-04.htm

Generally, the employer is more afraid of the IRS than they are of the worker. I believe that the IRS is limited to a max of 15% in any case.