California FTB (franchise theft board) - Page 5

#41 04-08-2004, 09:47 PM

Ice, thanks for your reply.& You wouldn't believe what I have found in their own code!&The following is just the tip of the icebergy of what I found.&

I'm going to request a copy of the "employer's return" that the FTB supposedly had included with the garnishment order.

 (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.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o

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&706.126.& (a) The "employer's return" shall be executed under oath.<o

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rushpat · #42 04-08-2004, 11:27 PM

Thanks for the heads-up, Tora. Have they sent anything to your banks?

Did you ever hear back about the Privacy Act question? What was the time delay between what you sent and this new letter?

Their Notice of Proposed Assessment to me indicated that they'd take no action until after 5/24/04. I wonder if they'll stick to that.

Thanks again for everyone's help!

rushpat · #43 04-08-2004, 11:33 PM

I'm curious if the FTB ( or the IRS for that matter ), will continue on and on and on, years after the fact. Both Tora and nralien have been dealing with seizure attempts by the FTB. I'm wondering if, after this initial attemp, that the FTB will eventually give up, or hand it over to a 3rd party, or if they will continue to harass for the rest of their days?

Anyone know?

I'm just wondering if we'll never be able to have a bank account after an initial attack.

rushpat · #44 04-08-2004, 11:35 PM

Tora, are you still in California?

#45 04-09-2004, 12:17 AM

Quote:

Originally Posted by rushpat

I'm curious if the FTB ( or the IRS for that matter ), will continue on and on and on, years after the fact. Both Tora and nralien have been dealing with seizure attempts by the FTB. I'm wondering if, after this initial attemp, that the FTB will eventually give up, or hand it over to a 3rd party, or if they will continue to harass for the rest of their days? Anyone know? I'm just wondering if we'll never be able to have a bank account after an initial attack.

&I have been fighting the FTB for about 7 years except that I had never thought to look in the California Civil Code!& 

I have enough information right now to put them out of business with regards to&the "earnings withholding orders".&If they want&every employer I work for&to know&all about their SCAM, I have enough information&to continue to&embarass them.&If that's what they want, that's fine with me.& 

California Government Code says "Tax" means a liability for which a state tax lien has been created.& I haven't received a State tax lien yet. The code also requires the employer to send me a copy&of the earnings withholding order and the "notice to employee of earning withholding order".& They did not send me a copy of the notice to employee. 

The withholding order is also defective.&Per Cal Code&Sec. 706.071 no levy is effective unless such levy is made in accordance&with the provisions of this chapter. &

If you following what the code says about state tax liens, you will find that it takes you NO WHERE!...just around and around in a circle. Nothing subtantial is said about state tax liens. 

Yes, I still live in California. 10 minutes from San Francisco. I cannot afford to move right now, but God do I want to!&

rushpat · #46 04-09-2004, 07:38 AM

7 Years and they are just now asking employers to withhold? My congratulations on keeping them tied up so long!

I'm noticing a breakthrough here on the boards where We the People are entangling BB with their own codes. Speaking of codes, the lawworks group on Yahoo makes a big deal about the Yick Wo Supreme Court case.

I was just curious if you've considered moving due to the oppressiveness. I'm on Larken Rose's Taxable Income mailing list and California is the only state that he's ever suggested that people move out of, due to the oppressiveness of the FTB (which is apparently much worse thant even the IRS).

Hope you lay the Smackdown on 'em!

#47 04-09-2004, 12:48 PM

&Here is the letter I am sending.& Constructive critizism is welcome. 
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NOTICE OF DEFECTIVE AND ILLEGAL CALIFORNIA FRANCHISE TAX BOARD ‘EARNINGS WITHHOLDING ORDER FOR TAXES’<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o></o>

Dear Sir/Madam:<o

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I am in receipt of the California Franchise Tax Board “Earnings Withholding Order For Taxes” your office sent to my address. <o

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This correspondence serves to notify you that the attached ‘Earnings Withholding Order for Taxes’ is defective, illegal and unenforceable as a matter of law for the reasons set forth herein below.& It is your responsibility as a fiduciary to insure that all legal requirements are met. <o></o>
&<o></o>
I could present you a catalog of other ways this ‘Earnings Withholding Order For Taxes’ has failed to meet the statutory requirements of a legally valid withholding order process, but the most important items missing in this present matter are the required court where the judgment was entered, the date the judgment was entered and, the date of issuance of the writ of execution.
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At this time please evidence that TSS Personnel has indeed been served with a valid ‘Earnings Withholding Order For Taxes’.&A valid Withholding Order For Taxes shall contain all of the following: <o

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&<o

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<H2 style="MARGIN: 0in 0in 0pt">California Civil Code<o

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706.125 The "earnings withholding order" shall include all of the following:<o

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

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

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

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 (d) The date of issuance of the writ of execution to the county where the earnings withholding order is sought. <o></o>
& (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).<o

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 (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.<o

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 (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.<o

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 (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.<o

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 (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.<o

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

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706.126.& (a) The "employer's return" shall be executed under oath.<o

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In addition to the above,&pursuant to California Civil Code Section 706.071 no levy is effective unless such levy is made in accordance with the provisions of this chapter:<o

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706.071.& This chapter does not limit the state's right to collect a state tax liability except that (a) no levy upon earnings of an employee held by an employer is effective unless such levy is made in accordance with the provisions of this chapter 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.<o

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&<o

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Please present the&above bolded and underscored&information to me&within 10 business days from receipt of this letter, as this is a matter of serious financial and legal consequence and possible conversion.& If the above requested documents are not presented within this time period, it will be presumed as a fact that TSS Personnel is not in receipt of a valid ‘Earnings Withholding Order For Taxes’.
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NOTE: If your&intention is to cooperate with the California Franchise Tax Board’s ‘Earnings Withholding Order for Taxes’, please provide me with a copy of the "employer's return" under oath&within 10 days of your reciept of this letter. <PRE>&cc: California Franchise Tax Board <o

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></PRE><PRE>& Sacramento, CA 94267<o

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#48 04-09-2004, 01:43 PM

Can anyone explain this to me:&

Why&code section 706.074 says that the state "MAY" apply to a court of record for a withholding order for taxes when code section 706.125 says that the withholding order for taxes&SHALL contain ALL of the following, which included the name of court where the judgment was entered?

706.076.& (a) A withholding order for taxes may be issued pursuant to this section requiring the employer of the taxpayer to withhold an amount in excess of the amount that may be required to be withheld
pursuant to an order issued under& Section 706.074.
(b) The state may, at any time, apply to a court of record in the county where the taxpayer was last known to reside for the issuance of a withholding order for taxes under this section to collect a state tax liability.
(c) The application for the order shall include a statement under oath that the state has served upon the taxpayer both of the following:
(1) A copy of the application.
(2) A notice informing the taxpayer of the purpose of the application and the right of the taxpayer to appear at the court hearing on the application.
(d) Upon the filing of the application, the court shall
immediately set the matter for hearing and the court clerk shall send a notice of the time and place of the hearing by first-class mail, postage prepaid, to the state and the taxpayer.& The notice shall be deposited in the mail at least 10 days before the day set for the hearing.
(e) After hearing, the&court shall issue a withholding order for taxes which shall require the taxpayer's employer to withhold and pay over all earnings of the taxpayer other than that amount which the
taxpayer proves is exempt under subdivision (b) of Section 706.051, but in no event shall the amount to be withheld be less than that permitted to be withheld under Section 706.050.

rushpat · #49 04-09-2004, 06:11 PM

-At this time please evidence that TSS Personnel has indeed been served with a valid ?Earnings-

Shouldn't that say "...served with an INVALID..."?

#50 04-09-2004, 09:00 PM

Shouldn't that say "...served with an INVALID..."?

No, because I already have an INVALID withholding order for taxes.& I need a VALID one.

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