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Originally Posted by ooak
. let me tell you that for the last two days my wife has been trying to just find out where in the corporation the letter came from. The envelope was sent from an office in the corporation in Arizona. The actual notice was sent to the corporate headquarters in Texas. The letter was unsigned but gave a toll free phone number. She called the toll free phone number. It turns out the the department she was to contact with any questions is a corporate call center in Jamaica. She has been unable, so far, to contact the individual (minimum salary call center employee) regarding the letter/notice.
She looks to me to fix it... and I tell her it's time she strap on the gloves and get into the ring, because I cannot fix it for her... I can only be in her corner.
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The Notice of Levy probably came from the corporation's Payroll Department, ie., whereever her check is processed.
There is a TON of sh*t you have to learn when it comes down to a Notice of Levy-- and I mean A TON. But if your wife isn't getting into the ring, as you say, then the IRS could have sent a piece of toilet paper and it wouldn't have made a difference, because as you say, she doesn't want to fight it.
Below is a sample letter someone wrote to an unknown person in payroll department of Kaiser Permanent.
Again though I don't think the levy was stopped after KP received this letter because the person whose pay was being levied didn't write this letter--someone wrote it for her-- so my prediction is that KP honored the levy and the garnishee did not take any action (sue) in state court to stop it or get her money back, because she didn't know how.
KAISER REGIONAL PAYROLL DEPT.
ATTN: GARNISHMENT / LEVY AREA
1950 FRANKLIN STREET 6th FLOOR
OAKLAND CALIFORNIA 94612
SIRS:
I am in receipt of your unsigned do***ents, which are allegedly Notice that you have received a levy which you indicate that you intend to honor according to a “Technical and Miscellaneous Revenue Act of 1988.”
Please be advised that I do not consent to your levy action. Your notices are returned herein together with a MEMORANDUM OF CALIFORNIA POINTS AND AUTHORITIES relative to earnings withholding orders, SUPPLEMENTAL CALIFORNIA AUTHORITIES FEDERAL TAX LIEN REQUIREMENTS, and my CLAIM OF EXEMPTION form for Wage Garnishment.
The California Code of Civil Procedure section 706.104 states that “Any employer who is served with an earnings withholding order shall: (a) Deliver to the judgment debtor a copy of the earnings withholding order and a notice to employee of earnings withholding within 10 days from the date of service.” Since I did not see the judgment included with your papers and to my knowledge no court or administrative determination or valid assessment for taxes has been made, I have completed the CLAIM OF EXEMPTION to the best of my ability from the information provided and attached the financing statement. If you will be so kind as to forward the judgment you received to authorize your “levy” I will send an amended CLAIM OF EXEMPTION at that time.
I, John Henry Doe, do hereby conditionally accept for value the instruments you have included entitled KP FSO PAYROLL SERVICES, KAISER PERMANENTE EMPLOYEE GARNISHMENT ACTION/ GOVERNMENT LEVY NOTIFICATION, Form 668-W(c) Notice of Levy on Wages, Salary, and Other Income Part 2 – FOR TAXPAYER, Part 4 – FOR EMPLOYER OR OTHER ADDRESSEE TO KEEP AFTER TAXPAYER COMPLETES and Part 5 – FOR TAXPAYER TO KEEP bearing the mark of my conditional acceptance.
NOTICE OF ACCEPTANCE OF CONTRACT
Please take notice that the conditionally accepted instruments will be honored upon your production of evidence IN FACT to support your allegation that you have a valid levy. The conditions, which require satisfaction prior to levy and prior to full acceptance are as follow:
1. Upon proof of claim that a valid judgment, administrative or judicial, has been made to give authority to a wage garnishment;
2. Upon proof of claim that the agency has complied with all of the provisions of the applicable law for determine and assessing the tax;
3. Upon proof of claim that a Federal Tax Lien has been created;
4. Upon proof of claim that the Technical And Miscellaneous Revenue Act of 1988 (TAMRA) effective 7-1-89 has substantive regulations implemented which show that it is an act of Congress that directly relates to me;
5. Upon proof of claim that JOHN HENRY DOE. is not exempt from levy;
6. Upon proof of claim that you have consent of JOHN HENRY DOE for levy on wages;
7. Upon proof of claim that the Form 668-W(c) carries the seal of a valid court or agency;
8. Upon proof of claim that JOHN HENRY DOE is not entitled to a hearing before seizure of her wages;
9. Upon proof of claim that purported levy is made in accordance with the provisions of chapter 706.071 of the California Civil Code;
10. Upon proof of claim that a tax lien consistent with the provision of the Rosenthal Tax Lien Act
11. Upon proof of claim that JOHN HENRY DOE is a judgment debtor;
12. Upon proof of claim that JOHN HENRY DOE is an “Taxapayer”;
13. Upon proof of claim that JOHN HENRY DOE is within the “State” defined in the California Personal Income Tax Code section 17018.
14. Upon proof of claim that JOHN HENRY DOE is engaged in the “Trade or business” defined in section 17020 of the California Personal Income Tax code;
15. Upon proof of claim that JOHN HENRY DOE has obtained an impartial factual determination regarding levy on her wages;
16. Upon proof of claim that the notices to JOHN HENRY DOE from KAISER PERMANENTE are sufficient to avoid liability to KAISER PERMANENTE for damages by relying upon them for levy action;
17. Upon proof of claim that the law of the case affirmatively appears on the notice, including the taxing and liability statutes with attending regulations;
18. Upon proof of claim that the instruments do not constitute a bill of attainder;
19. Upon proof of claim that the Form 668-W(c) an the information contained therein raise to the level of a valid claim or levy;
20. Upon proof of claim that honoring a fraudulent “levy” is NOT an injury to JOHN HENRY DOE;
21. Upon proof of claim that a valid lien and a valid judgment for collection of tax was properly brought through the Superior court in Santa Clara County to obtain force and effect in California as required by California Code of Civil Procedure “Sister State” provision section 1710.20;
22. Upon proof of claim that you have a copy of the right to attach order or an order permitting the creation of a lien;
23. Upon proof of claim that your right to attach order has met the requirements of California Civil Code section 491.415 by filing an undertaking as provided by Sections 490.210 and 489.220;
24. Upon proof of claim that the notice of lien contains the title of the court where the plaintiff’s action against the defendant is pending and the cause and number of the action as provided in California Civil Code section 491.420;
