FTB "order"

[justice4all]

Just recieved an California Franchise Tax Board "order" from payroll department.

It states that the employer is to with hold 25% of the pay.

I recieved the letter on June 23 and it stated they were going to start with holding on June 24. There was no deduction taken, yet.

I did send them a "Notice and Demand" before recieving the "order" stating
that I do not accept "Bills of Attainer", which of course it is. I also requested
other things like their delegation of authority and OMB #.

Any suggestions on a course of action?

Believe I do not want to give them juristiction by taking them to court.

I have been accepting all presentments for par value.

[rushpat]

First of all, we are assuming that you are in California? Demand to see the order. Ask if there is a signature, or if this is a computer generated form. Do a UCC search with the SoS to verify that there is no valid lien on file. Do a courthouse search to verify that there is no court order. Demand to see the Writ of Execution that is to be delivered along with a garnishment order. Ask the payroll dept person who is authorizing this if they are willing to be liable for taking action without a writ, court order, lien, etc.

Don't hesitate to bring them to small claims court. Sue the payroll dept rep who authorizes this (not the FTB or the whole company, just that person). Get an order to cease until the case is decided.

You can probably find a good book on small claims court procedure for your state (California, I assume) in any library or book store.

[rushpat]

Does "cashing out" mean that when you receive a letter from a tax agency that you should sell everything you have a run for the hills?

Just tell the guy in payroll that if he authorizes stealing of money from your paycheck without your consent or a signed court order then he will be held legally liable for damages up to 3 times the amount stolen. Don't hesitate to sue him. Make sure it is him personally and not the company. You might want to inform the company that the guy is being sued by you for failing in his fiduciary capacity to protect your interests by checking the validity of any garnishment order.

If they fire you in retaliation, then you've got a bonanza of an opportunity to really cash in in a wrongful dismissal suit.

If the guy you sue passes it onto another person warn them, and sue them if necessary. You may be able to get an injunction against them if they continue on with this.

All they have to do is to write back to the FTB and ask for the court order for the garnishment. If they get that, then they are relieved of any liability. However, they will never get it, so therefore they should never start the withholding.

[rushpat]

The only reason the FTB and IRS and others get away with this is because they think people are too afraid of suing someone in their company and getting fired for it.

[iamfreeru2]

Sorry guys for hijacking your thread. I give it back to you.