How to handle Bank account levy? (Oregon, Washington, balance, garnishment)
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Not everyone here is a deadbeat. For instance. Discover bank was supposed to work with my mother 3 years ago to get a payment plan in place so she could pay off her debt. After being in talks for nearly 2 yrs after the hearing, they still wouldn't take a payment that she could afford. Times are tough and my parents live pay check to pay check. When you miss a single payment after paying in a timely manner and they jack up the payment by $400, how is one supposed to pay that. Then not to work with someone who is saying this is what I can afford to pay you on a monthly basis is BS. I am not affected as they levied my account because my mom's name was on it. An account I set up 23yrs ago when I was a minor. I never saw the need to remove her name because it has never been an issue. I understand where you are coming from, but not everyone is a deadbeat.
It doesn't matter if the account earns intrest or not, they seized both of my checking accounts, business and personal. And neither of them earned any intrest. As long as your id is attached to the account, they can seize it. This means your name, ss#, dl# state id#, military id, etc. If you are in any way identified as being the account holder, they can seize it, no matter what state it's in, the levy does not go away and is not a one shot thing. If you open a new account it is only a matter of time before they find it. Also I don't know about every state, but where I live the banks make you sign a disclosure saying you don't owe the IRS anything. If you lie on that form you can go to jail, federal jail. I am currently working with a cpa to get my levy adjusted and lifted as my debts go back many years. It took the IRS 17 years to figure out I wasn't filing a return. So while they are not very efficient they will eventually catch up to you. On a good note, my cpa thinks that my bill will be reduced to 10% or less of the current levy amount, no promises but chances are very good I will get out of paying all those taxws just because I didn't file.
Please help me all I want to know is can the california state franchise take my military pension check deposited in my bank account
I really don't know anything about banking laws.....but...why deposit your check in the bank? If you're concerned your check could be taken from a bank account, then just take it in cash. Take your check to one of those We Cash Checks places. Come to think of it, I've seen where you can cash government checks at grocery stores, perhaps put it on a debit card if you don't want to have much cash on you. If you're concerned about money already in the bank being attached, well, withdraw it now, before a levy is imposed. Also, your bank account doesn't have to be in the same state you live in. Just pick a bank in another state. Also, don't get an account that pays interest, or you will have to declare that on your income taxes, federal, state and local.
Can california state franchise board, put a levy on your bank account that on a military pension is deposited. Can they take my pension
If you've gotten to the point where the collection branch of Franchise Tax has started levying your assets, it seems like it would be better to deal with them regarding whatever the debt is, as it won't be going away. They normally levy for unpaid taxes, tickets and whatever debts that you owe to cities, counties or the state.
What if the only income you have is disability??? Can they still put a levy on my checking account??? I have NO OTHER INCOME but my husband & I's disability.
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Originally Posted by Pixie2144
What if the only income you have is disability??? Can they still put a levy on my checking account??? I have NO OTHER INCOME but my husband & I's disability.
You didn't state what type of debt you're dealing with or if you're dealing with a possible (future) suit, a current suit or a current judgment.
Disability income can be garnished for fed and state debts and child support, it cannot be garnished for regular money debts like defaulted credit cards, non state/fed loans, repo deficiency, etc. If you'd been sued and lost, you need to make the court aware that the only income you are receiving, and the only funds in your bank account, comes from disability. If you have other money in your bank account that does not come from your disability check then they may be able to levy the "other" money in the bank account.
If you don't show up in court and they get a default judgment, on a regular money debt, they cannot even try to garnish your disability check but they might try to levy your bank account. If they succeed in the levy then you'll have to file an exemption with the court, with proof that the funds in your account are solely from disability, and request any money taken in the levy be returned. If you do it correctly then the funds will be returned ... eventually. (it can take months before it's finally returned)
If you have been served then file your answer, and your exemption, and show up in court. (Some states have pre-printed exemption forms, some don't. You can call the court clerk to find out)
If there is a judgment against you then you should file the exemption with the court before they levy any money from your bank account. Much easier and less time consuming to do it before they levy the account then to wait until after.
I am amazed at the number of people that incur a debt knowing that they may be unable to pay or satisfy the debt and yet do so anyway then seek advise on how to NOT repay the debt that you created!!! This is the reason this country is falling apart and being bought out by other countries like China. It seems to be acceptable to incur debt and find ways to avoid payment. As a creditor that is on the other end of the spectrum providing services, I am angered by the deadbeats that come to use our services then are appalled that we would expect payment despite the fact that they have signed paperwork acknowledging that very expectation. I have heard more excuses than I care to list here but the bottom line is - IF YOU CANNOT AFFORD TO PAY DON'T USE THE SERVICE OR TAKE ADVANTAGE OF THE CREDIT EXTENDED!!!!
I am amazed at the number of people that incur a debt knowing that they may be unable to pay or satisfy the debt and yet do so anyway then seek advise on how to NOT repay the debt that you created!!! This is the reason this country is falling apart and being bought out by other countries like China. It seems to be acceptable to incur debt and find ways to avoid payment. As a creditor that is on the other end of the spectrum providing services, I am angered by the deadbeats that come to use our services then are appalled that we would expect payment despite the fact that they have signed paperwork acknowledging that very expectation. I have heard more excuses than I care to list here but the bottom line is - IF YOU CANNOT AFFORD TO PAY DON'T USE THE SERVICE OR TAKE ADVANTAGE OF THE CREDIT EXTENDED!!!!
Here, have a tissue.
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levy on pension
