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  #1  
Old 05-07-2004, 06:52 PM
Ironhorseman
 
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IRS Levy



<FONT face="times new roman, times, serif">I'm attempting to help a friend who is in dire straits. The company he works for has levied his paycheck as per. the irs. There are several issues I will address, first they stole the whole check and not just the 15% allowed by their laws.</FONT>


<FONT color=#800000 size=1>Link to 26 USC 6331 </FONT><FONT color=#800000 size=1>http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=26&amp;sec=6331</FONT><FONT color=#800000 size=1></FONT>


<FONT color=#800000 size=1>Link to USC 6334 </FONT><FONT color=#800000 size=1>http://caselaw.lp.findlaw.com/script...6&amp;sec=6334</FONT>
<DIV><FONT color=#800000 size=1></FONT>&</DIV>
<DIV><FONT face="times new roman, times, serif" color=#800000>He is a secured party. He did a re-presentment to the sec. of treas., the company, and the irs.&We currently are waiting a UCC-11 that he filed in Minnesota.&We are confident that this non-ajudicate levy was not filed properly with the Sec. of states office. Besides as a secured party he is the holder in due course. I guess a little history&about all this would&be good too!</FONT></DIV>
<DIV><FONT face="Times New Roman" color=#800000>About a month ago my friend was approached by a local cop who is a friend of his and told that one of the detectives wanted to talk to him at the station concerning his re-presentment to the company (company town). They assured him he would not be placed under arrest, so reluctantly he agreed to go. When he arrived, there were two treasury agents&waiting in ambush. They said that all they want to do was talk to my Bro. and they did. </FONT><FONT face="Times New Roman" color=#800000>They ask him if he knew or was associated with the posse com. over in Wisconsin, he assured them he wasn't. They asked if he knew Roger Elvik (our material is quite different from Elviks), he told them no, but isn't that guy in jail. He also informed them that their boss John Snow was in default to "One". He noticed when he used the term "One" in referencing himself& that both these agents seem to take notice of that. We use that throughout our security agreement, we discovered it to be a good reference for a sovereign to use. The company attornies sent bits and piecs of our doc.s to the irs crying that they thought we used treatening language and wasn't there something that could be done under the patriot act (scum of the earth). My Bro. is no slough himself, he was even kidnapped once by the irs (years ago) to testify. Which he did and caused a hung jury, they have left him alone for awhile. My Bro. is about 60 and this is a real strain on him physically and emotionally. He has been envolved in all this since 1978, when he&completed his first common law course. He can handle himself in court very well, if need be. He had been in a layoff over the winter and just went back to work so money is extremely tight. He is currently reading the commerical lien process. Any suggestions or help will be greatly appreciated! One last comment that&I 've thought of, is that he filed his UCC-1 in West Virginia (they are very user friendly) and not his home state of mich. I've had some people tell me that it is not effective until you do it in your birth state because of some law change a couple years ago. If he needs to re-file in Mich. state could he use a certified or appostiled copy from Virginia and file it under a UCC-1 in Mich. with money and time being major issues. Any procedures that would help would be great appreciated, they don't necessarily have to be UCC, just something to get rid of the levy, or some help writing a commerical lien, or filing a suit.</FONT></DIV>
<DIV><FONT face="Times New Roman" color=#800000>Ironhorseman</FONT></DIV>
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  #2  
Old 05-12-2004, 11:17 PM
Tora
 
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Re:IRS Levy



Hi Ironhorse


Sorry to hear about your friend. Just to let you know, he has a right to a due process hearing before a levy.& As soon as he receives notice& of&levy from his&employer he should have&requested the hearing.& If he&knows&that IRS is not supposed to take more than 15%, he could have showed them the IRC&section for that.


An IRS levy has got to be worst thing that could happen.A UCC-1&is not going to&help, and neither is a commercial lien.


I received a notice of levy and notice of lien last month and requested a hearing for both.& I am still waiting&for IRS to contact me.& It has been 30 days already.


Does anyone know how long it takes to get a hearing?
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  #3  
Old 05-12-2004, 11:25 PM
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rushpat rushpat is offline
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Re:IRS Levy

The tough part is getting the employer to obey the laws. No judgment, no valid lien/levy.
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  #4  
Old 05-12-2004, 11:46 PM
Tora
 
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Re:IRS Levy



Yes, getting the employer to obey the law is the tough part.& If you are not a lawyer, then how can you sue them?If they are taking your money where are you going to get the money to sue them?


I've modified my letter&to the FTB's withholding order.&I am going to request a hearing from them next time&it happens.& Based on my new letter they&are not going to want to give me a hearing <U>under any circumstances</U>, but by law, they MUST.& I will notify the employer of my due process hearing and tell them under no circumstances will they proceed with the garnishment if I am denied a hearing.&


I'm still waiting to hear back from&FTB regarding&the hearing I requested&on their 2002&proposed assessement.& They&have 7 days left to grant or deny me.&
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  #5  
Old 05-13-2004, 12:19 AM
Ironhorseman
 
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Re:IRS Levy



<FONT size=3>We do plan to file a lawsuit against the company. We also plan to place a commerical lien against the company. We want the company to cry foul! They are a publicly traded company, a lien would stop their lines of credit and put a damper in their ability to perform day to day ops.. Anything else that we might try would be appreciated!</FONT>


<FONT size=3>I.H.</FONT>
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  #6  
Old 05-13-2004, 12:24 AM
Tora
 
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Re:IRS Levy



I hope you have Noticed the company of&what laws they have violated and all that..


A commercial lien on your friend's employer will probably get him fired.& Most employment these days is AT WILL, meaning they don't have to have a&good reason to fire you.


I always look at all the negatives before I do anything.. just my two&cents&
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  #7  
Old 05-13-2004, 03:22 AM
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Ice Ice is offline
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Re:IRS Levy



Ironhorseman,


See Willamson v. Boulder Dam Credit Union (available in the download section) and O'Dell v. United States for assistance with the actual filing of a complaint against the employer.& Upon reading these decisions you will see very clearly that you have a win coming your way.& You also might want to think about damages... a little extra for the violation of rights and the company's willful violation of Law in order to violate rights.


Ice


&
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  #8  
Old 05-13-2004, 10:22 AM
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rushpat rushpat is offline
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Re:IRS Levy

Yes, and keep in mind that suing the employer puts the employee at the front of the lines for dismissal, as Tora said. Factor that into the damages.
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  #9  
Old 05-13-2004, 02:45 PM
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Ice Ice is offline
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Re:IRS Levy



An employee that&brings suit against&an employer will actually be protected from dismissal.& Dismissal would be viewed as an act of retaliation... just more damages that would equal the gross that your labor would have produced IF you had remained employed with the company until retirement.


&
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  #10  
Old 05-13-2004, 03:24 PM
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Re:IRS Levy

Maybe there is direct dismissal protection, but I'm sure that an employee that brought suit against an employer would be the first to come to mind when the next headcount reduction was to take place, even if they might not have before.
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