employer honoring notice of levy

#1 03-28-2005, 08:56 AM

been fighting this IRS battle a while now. Has anyone had success through commercial leis stopping this activity?

scottinalaska · #2 03-28-2005, 12:34 PM

ColdApe,

Quite a bit has been written on this, but my experience is you BETTER get to your employer BEFORE the IRS does. Pretty much ALL folks in the finance department will do whatever the Notice seems to indicate. They push paper and money and got that job because they question very little beyond what they are paid to question.

So you need to allow him or her the room to question what a NOTICE really is. A Notice of Levy not being a Levy. In fact, the Form 668-W that the employer receives is clearly a worksheet which needs completion by the individual and requires a signature from the individual. The Form 668-W is for the specific purpose (obvious on its face) of having the employee inform the IRS about how much to withhold. Of course, AFTER the finance person mails YOUR money away, don't fight it. Count it as GONE. Unfortunatley now you have to play defense.
Before it happens, you play offense and as politely as possilbe, you let her/him know that it is he/she who will be held personally responsible for taking YOUR money away. If you are nor informed BEFORE it is mailed off, you will come personally after her/him for that deficiency made possilbe because she/he thought the NOTICE was a LEVY. Duh.
Well, I am sure you get my drift. So far I am playing offense, and I don't look forward to playing defense. So, I don't speak from experience. I am just trying to do damage control.
Scottinalaska

rushpat · #3 03-28-2005, 01:59 PM

Notice of Levy requires a true Levy which comes from a court judgment, and is accompanied by a Writ of Execution.

Read what happened when someone sued a Credit Union for handing over money without the proof of court order:

http://famguardian.org/Subjects/Taxe...reditUnion.pdf

If you inform them in writing beforehand, it is easier to threaten to sue the individual who authorized the money handover, and they won't be able to claim ignorance.

Make sure you are suing the person and not the company. It has more effect on others.

Watch the KenG videos at:

www.showmethelaw.net
under classes.

boogietillyapuke · #4 03-28-2005, 05:51 PM

§ 6331. Levy and distraint

Release date: 2003-05-15

(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.

Are you a government employee???

JWR · #5 03-28-2005, 06:57 PM

boogietillyapuke, this is the second time the same people in this worthless company I work at has stolen my pay by recieving a Notice of Levy, and it is also the second time I have explained to them what the law is BEFORE they started taking it, and they really just don't give a rats @$$ what the law says. Most times a company will be too scared of the IRS to follow what the law is, or mabe they are just too blinded to see reality. I'm not too sure.

You can get a better idea of what is going on with my levy situation over at the Family Guardian forum under "Dealing administratively with the IRS" HERE. You will have to sign in to see it though.

But I do know that rushpat is right that you will have to go after the ones in your company that are actually taking it from you, not your actual company. I didn't do that the last time, but will definately sue this time. I still don't know exactly how to go about it yet, but am trying to learn as fast as I can.

rushpat, I have only watched the first six or seven videos (I actually downloaded all of them and burned them to cd) by Ken G and bought his books quite a while back, but how in depth do the rest of the classes go into dealing with them and getting them to back off? I can show the fraud and prove I'm not liable, but am finding it impossible for them to aknowledge any of it.

Is there anyone that has had ANY success with the IRS? That is other than not owning anything and not having a job. These seem to be the only things I have heard anyone say will work. I have yet to hear any real successes on the IRS.

JWR

charlene · #6 03-28-2005, 07:05 PM

www.losthorizons.com
You will get it all back.
this will amaze everyone.
the book is cheap and it works.
Charlene

weishaupt1776 · #7 03-28-2005, 07:28 PM

charlene, do you have personal knowledge that it works, or is the only evidence you rely on the computer scans of the refund checks?

Have you done it?

Do you have the certified mail receipts which line up with the correspondences leading up to your refund?

Do you have a friend that can produce such material facts & evidences that would show us that it works?

Does this guy just give information in the book to string you along ehough to join his forum & then have to pay "consultation" fees because "you must've did it wrong"

OR that "they are catching on, it waSN'T LIKE THAT A FEW YEARS AGO" ?
(my hand slipped, sorry)

charlene · #8 03-29-2005, 05:48 AM

I took the book and disc to my lawyer accountant, he read it- we are in the process as I type this of filing our 1040x and 4852s. The book is a hard read,
I e mailed Mooney in Virginia, and He answered all my questions. The only difficult thing is there are reallly no tempplates to help you along.
If I felt in any way this was a scam I would stay away, it is not. There is no secret if you read the book, at least twice, you begin to understand that according to the irs laws as they are written you have no wages, as defined by 3401a and 3121a of the irs code. The checks and letters you see are real
When I finish my paperwork I will gladely share it on this site, but my Morel Mushroom Hunting will override for now, plus going to California again to visit family. and pan for gold-- yea-- PS The article is in this months Americans Bulletin I know Mr. Kelly and if he thought it was a scam he would not put it in his paper
Charlene ****This book is why Mr. Bush wants to up grade the irs service as he campained for in his bid for re election but then they would have to re do Article 111 and the entire package and I do not think it will wash. As you all know Article 111 has a lot of power.*** and just a tip for anyone whom might need this first time filers of a ucc1 You put your all CAPS name in the originazation( spelled wrong sorry) box not doing this will lead to fillings not accepted.
take care.

#9 03-29-2005, 06:40 AM

charlene, the link didn't work for me...please verify...

thanks!

jon

rushpat · #10 03-29-2005, 10:23 AM

JWR, I think the KenG videos from 23 to 25 are the ones where he gets activist.

I would recommend getting the Mike Brown Lawsuit cookbook for information and step by step examples on how to file a lawsuit without an attorney. LawResearchGroup.com has this book.

If you can show that you gave them something in writing and informed them that they are not authorized to take money without either your signed permission or a court order then you can sue them for theft and collusion.