California FTB (franchise theft board)

[rushpat]

The IRS is (supposedly) limited to continuous levies of only 15%, even though they are known to exceed that.

Anyone know if FTB has a limit? Also, I'm thinking that the state you are in probably has a limitation on levy/lien that a worker can take on.

<FONT face="times new roman, times, serif">Hello Again,</FONT>


<FONT face="Times New Roman">I really appreciate all the help and information. they haven't come after me because it's hard to hit a moving target. I have no Fed. bank account and if I did I would autograph the signature card "With Explicit Resevation of Rights and Without Prejudice". Everything I sign gets at least "Without Prejudice" above my signature, it is even on my Nevada Driving Lic. Secondly the place I live has no mailbox, nor are there any numbers on the place I live. If I do work for someone I do it in brief spurts, being a tradesman I can get away with that. I don't accepts checks from anyone unless it's unavoidable. When cashing said instruments I stamp them "Received Without Prejudice" and then sign my name. I prefer gold, silver, but&will accept frn's and postal money orders. I have done an expat. but probably didn't do it correctly, which may be the problem. I'm not a complete novice, I've been buming around this area since about 92'. I have become very cautious as to what I will try more proven methods&as I do value my freedom. I have a family to be concerned with. My understaning of the UCC process is that when "They" make a "presentment" to you, you have 10 days to "re-present" not only whomever presented you but John Snow also. You will need a certified copy of your UCC-1(with security agreement)&, a negetive adverment, a bill of peace, a consrtuctive notice and bill of exchange. The process is lenghty and the idea is to get "them" to default then do a charge back to Snow. Out of time have to go.</FONT>


<FONT face="Times New Roman">Ironhorseman</FONT>

[rushpat]

Never heard of a bill of peace...

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FTB will take 25% of your gross pay.


California Civil Code says&they must have the name of the levying agent and the name of the court where judgment was obtained on the Garnishment, but they never do.


They will file a lien only when they can't locate an employer.


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[rushpat]

I guess we will see what happens then.

Besides leaving and becoming a contractor, any advice on what to do with my employer, if the FTB doesn't stop?

Originally Posted by rushpat

& Besides leaving and becoming a contractor, any advice on what to do with my employer, if the FTB doesn't stop?

The problem&with employers is that they don't want to read the law nor do they want to fight your battles.


Show them the California Code:


&Section 706.125 of the California Civil Code:


The "earnings withholding order" shall include all the following:


c) The court where the judgment was entered


d) The date of issuance of the write of execution to the county where the earnings withhholding order is sought


(j) The name and address of the levying officer.


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Essentially it is going to be a&defective "earnings withholding order".


California Code says you can&get a hearing on&the amount to be withheld, but nothing about&defective withholding orders.You have ten days to contact FTB from the time the employer gets the order.


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[rushpat]

In such a case, which would be more important for a Notice of Levy to have any enforcibility:
The laws of the state where it was group doing the levy are located (California) or the laws of the location of the intended target (Georgia in my case)?

rushpat,


I hope you don't keep your money in a bank, because if you do, I'd take it out, PRONTO!


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I received a copy of& a "Withholding Order For Taxes" today from one of the temporary help agencies I worked for last year.FTB can't find money anywhere so they are&sending a "Withholding Order" to every employer I worked for last year!&


The Withholding Order states that FTB issued this "Withholding Order For Taxes" under authorization of section 706.074 of the California Civil Code.


California Civil Code section 706. 071 states&that:


706.071.& This chapter does not limit the state's right to collect a state tax liability except that (a) <U>no levy upon</U> earnings of an employee <U>held by an employer is effective unless such levy is made in accordance</U> <U>with the provisions</U> <U>of this chapter</U> and (b) other methods of collection may not be used to require an employer to withhold earnings of an employee in payment of a state tax liability.

706.070.& As used in this article:


(a) "State" means the State of California and includes any officer, department, board, or agency thereof.
(b) <U>"State tax liability" means</U> an amount for which the state has a <U>state tax lien as defined in Section 7162 of the Government Code</U> excluding a state tax lien created pursuant to the Fish and Game Code.


Government Code Section 7162


& "State tax lien" means a lien created pursuant to Section 8048 of the Fish and Game Code, Section 3423 or 3772 of the Public Resources Code, Section 6757, 7872, 8996, 13610, 16063, 16810, 19221, 30322, 32363, or <U>38532 of the Revenue and Taxation Code</U>, or Section 1703 of the Unemployment Insurance Code.

Revenue and Taxation Code:

38532.& (a) <U>If any amount required to be paid</U> to the state under this part is not paid at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any costs in addition& thereto, shall thereupon be a perfected and
enforceable state tax lien.& <U>S</U><U>uch a lien is subject</U> to Chapter 14 (<U>commencing with Section 7150</U>) of Division 7 of Title 1 <U>of the Government Code</U>.


706.125.& The "earnings withholding order" shall include <U>all</U> of the following:



(a) The name, address, and, if known, the social security number of the judgment debtor.


(b) The name and address of the employer to whom the order is directed.



(c) The court where the judgment was entered, the date the judgment was entered, and the name of the judgment creditor.


(d) The date of issuance of the writ of execution to the county where the earnings withholding order is sought.
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& (e) The total amount required to satisfy the order on the date of issuance (which may not exceed the amount required to satisfy the writ of execution on the date of issuance of the order plus the levying officer's statutory fee for service of the order).


(f) A description of the withholding period and an order to the employer to withhold from the earnings of the judgment debtor for each pay period the amount required to be withheld under Section 706.050 or the amount specified in the order subject to Section 706.024, as the case may be, for the pay periods ending during the
withholding period.


(g) An order to the employer to pay over to the levying officer at a specified address the amount required to be withheld and paid over pursuant to the order in the manner and within the times provided by law.


(h) An order that the employer fill out the "employer's return"& and return it by first-class mail, postage prepaid, to the levying officer at a specified address within 15 days after service of the earnings withholding order.


(i) An order that the employer deliver to the judgment debtor a copy of the earnings withholding order and the "notice to employee of earnings withholding order" within 10 days after service of the earnings withholding order; but, if the judgment debtor is no longer employed by the employer and the employer does not owe the employee
any earnings, the employer is not required to make such delivery.


(j) The name and address of the levying officer.





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[Ice]

Basically, this is the same as the process for Levy that the IRS must pursue... they must have a court order!& Now, in your state case... the same process can be used as with the IRS.& First, inform the employer of the law... short and sweet... don't make it too complicated.& If the employer withholds without the proper documentation... the employer is liable for damages... this is acting under "color of law" to deny your rights and it is theft of your property.& Having informed the employer of the law -- the withholding may be viewed as "malicious" -- which means "punitive" damages could be awarded.


NO ONE&should be allowed to trample upon your rights -- and any attempt to do so should be vigorously challenged and fought.


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