Certificate Of Dishonor

[ooak]

Not sure if this is in the right place. Anyway...

In August of last year my wife's employer received the dreaded Notice of Levy and they promptly started sending 99% of her paycheck to the IRS even after we tried everything to point out to the employer it was not a levy, etc., etc. In December I sent the Chief Financial Officer of the corporation a "Constructive Notice and Demand for Return of Personal Property" letter with an invoice for all the money they had sent to the IRS. I received a bull$h!t letter back from a corporate attorney. So I started a Notarial Protest and just received copies of a Notice of Dishonor, Notice of Fault - Opportunity To Cure, and a final CERTIFICATE OF DISHONOR from the Notary handling this for me.

My question is: Now what do I do? How do I get a judgement or what do I do next to go after the money?

Thanks for any input.

[ooak]

Thanks for all the help and input guys.

[weishaupt1776]

I don't believe you can find a court which could recognize that

The only thing besides correcting one's status (prior to an action, not after the fact); is the admiralty angle in the are You Lost At Sea Book

[charlesa6]

Originally Posted by ooak

Not sure if this is in the right place. Anyway...

In August of last year my wife's employer received the dreaded Notice of Levy and they promptly started sending 99% of her paycheck to the IRS even after we tried everything to point out to the employer it was not a levy, etc., etc. In December I sent the Chief Financial Officer of the corporation a "Constructive Notice and Demand for Return of Personal Property" letter with an invoice for all the money they had sent to the IRS. I received a bull$h!t letter back from a corporate attorney. So I started a Notarial Protest and just received copies of a Notice of Dishonor, Notice of Fault - Opportunity To Cure, and a final CERTIFICATE OF DISHONOR from the Notary handling this for me.

My question is: Now what do I do? How do I get a judgement or what do I do next to go after the money?

Thanks for any input.

First of first, you should have go after BB and get them off your wife back first, and once you done that the BB will instruct them to stop sending money. You can't blame the corporation, they have to following the orders or they will face the consequences for negate the order.
For judgment, there is not much you can do on that one, because they are working within the scope of agency.

[Petrous]

Why would the employer be afraid?

"If the third party refuses to honor the levy, the IRS usually serves a Final Demand, Form 668-C. If the third party still refuses to turn over the property, the IRS may turn the matter over to the U.S. Justice Department for prosecution under IRC §6332(a). If convicted, the third party may be held personally liable for the value of any property not surrendered to the IRS. IRC §6332(d)(1) imposes a personal liability on any person who fails or refuses to honor the levy. The personal liability is equal to the value of the property subject to the levy, plus the costs incurred to enforce such levy and the statutory interest from the date of the levy. §6332(d)(2) imposes an additional penalty of 50% of the amount subject to the levy on the person who refused to honor the levy. §6332(f) defines the term "person" to include an officer or an employee of a corporation or a member or employee of a partnership who is under a duty to honor the levy." http://www.irstax.com/irslevy.htm

[mrg]

Originally Posted by Petrous

Why would the employer be afraid?

"If the third party refuses to honor the levy, the IRS usually serves a Final Demand, Form 668-C. If the third party still refuses to turn over the property, the IRS may turn the matter over to the U.S. Justice Department for prosecution under IRC §6332(a). If convicted, the third party may be held personally liable for the value of any property not surrendered to the IRS. IRC §6332(d)(1) imposes a personal liability on any person who fails or refuses to honor the levy. The personal liability is equal to the value of the property subject to the levy, plus the costs incurred to enforce such levy and the statutory interest from the date of the levy. §6332(d)(2) imposes an additional penalty of 50% of the amount subject to the levy on the person who refused to honor the levy. §6332(f) defines the term "person" to include an officer or an employee of a corporation or a member or employee of a partnership who is under a duty to honor the levy." http://www.irstax.com/irslevy.htm

What does a levy look like?

[rottweiler]

Quit polluting this forum with your propaganda Agent Petrous.

TITLE 26 > Subtitle F > CHAPTER 64 > Subchapter D > PART II > § 6331

§ 6331. Levy and distraint

(a) Authority of Secretary
If any person liable to pay any tax neglects or refuses to pay the same within 10 days after notice and demand, it shall be lawful for the Secretary to collect such tax (and such further sum as shall be sufficient to cover the expenses of the levy) by levy upon all property and rights to property (except such property as is exempt under section 6334) belonging to such person or on which there is a lien provided in this chapter for the payment of such tax. Levy may be made upon the accrued salary or wages of any OFFICER, EMPLOYEE, OR ELECTED OFFICIAL, of the UNITED STATES, the DISTRICT of COLUMBIA, or any agency or instrumentality of the UNITED STATES or the DISTRICT of COLUMBIA, by serving a notice of levy on the employer (as defined in section 3401(d)) of such officer, employee, or elected official. If the Secretary makes a finding that the collection of such tax is in jeopardy, notice and demand for immediate payment of such tax may be made by the Secretary and, upon failure or refusal to pay such tax, collection thereof by levy shall be lawful without regard to the 10-day period provided in this section.

Originally Posted by Petrous

Why would the employer be afraid?

"If the third party refuses to honor the levy, the IRS usually serves a Final Demand, Form 668-C. If the third party still refuses to turn over the property, the IRS may turn the matter over to the U.S. Justice Department for prosecution under IRC §6332(a). If convicted, the third party may be held personally liable for the value of any property not surrendered to the IRS. IRC §6332(d)(1) imposes a personal liability on any person who fails or refuses to honor the levy. The personal liability is equal to the value of the property subject to the levy, plus the costs incurred to enforce such levy and the statutory interest from the date of the levy. §6332(d)(2) imposes an additional penalty of 50% of the amount subject to the levy on the person who refused to honor the levy. §6332(f) defines the term "person" to include an officer or an employee of a corporation or a member or employee of a partnership who is under a duty to honor the levy." http://www.irstax.com/irslevy.htm

[charlesa6]

Exactly right, rottweiler.