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Tax Levy Attorney (IRS) Levy

attorney

When you need urgent help because the IRS froze your account or is garnishing your wages, turn to a national tax levy attorney ready to help right away. The W Tax Group, an attorney-led organization, works to stop and release levies quickly, helping you to breathe again.

Don’t let the IRS or the state take your assets – contact us for help today.

You’re in the Right Place If…

Tax levy relief services can help if you’re dealing with the following:

  • The IRS froze or took funds from your bank account.
  • You have a garnishment on your wages placed by the IRS.
  • You received a Final Notice of Intent to Levy (Form LT11, LT1058, or CP504)
  • A Revenue Officer is threatening seizure of your assets.
  • The IRS took your tax refund, Social Security earnings, or retirement funds.

What Is an IRS Levy?

An IRS levy is the seizure of assets or income to pay your tax debt. The IRS has the legal right to seize nearly any assets, as long as they give you the right notice – protecting yourself requires experienced guidance. 

Levies are enforcement actions, while an IRS lien is a legal claim that tells everyone, including creditors, that the IRS has a stake in your assets. An IRS levy, by contrast, means the IRS is actively pursuing your property to pay off the tax debt. It’s important to recognize the difference between tax levies and tax liens, so you know what’s happening to your assets.

Types of IRS Levies We Handle

If you need IRS levy help, don’t hesitate to contact The W Tax Group. We will explain how to stop an IRS levy and what all of your legal options are. Some types of tax levies we handle include:

  • Bank levy: A bank levy places a 21-day hold on all funds in your bank account. The bank cannot pay out funds once this federally mandated hold is in place. You cannot access those funds to pay bills or meet other obligations, and if you don’t get help and prove an error, the bank will send the money to the IRS.
  • Wage levy: A wage levy or garnishment is the seizing of money from your paycheck by the IRS to use to pay towards your tax debt. Your employer must send the required portion of your wages to the IRS, including commissions and bonuses owed to you.
  • Asset seizure: An IRS property seizure enables the agency to seize your property, including your home, vehicle, and other assets, to pay your back taxes. The IRS can even take your home under certain (rare) circumstances.
  • Refund offset: The IRS can utilize a refund offset to seize your tax refund. That means if you were owed a tax refund for this year, the IRS will seize those funds to apply them towards your previous debt. The IRS doesn’t have to notify you before seizing state or federal refunds.
  • Social Security: If you currently receive Social Security payments and you owe back taxes, the IRS can garnish your Social Security payments once it applies a tax levy.
  • Retirement or investment accounts: The IRS can apply a levy against your retirement and investment accounts. In certain circumstances, the IRS can take a 401k, for example, to pay off your tax debt.
  • Jeopardy levy: A jeopardy levy is a seizure of your assets without any advanced notice. The IRS takes this action when it believes those funds are in danger, such as when it expects you to flee the country or transfer your assets.

All of these levies are slightly different and require a unique approach – that’s where our experience can be invaluable, whether you’re dealing with an in-progress or pending levy.

How a Tax Levy Happens, Escalation Risks

The sooner you request IRS levy help, the better. Most of the time, the levy is a final opportunity to act. At this point, the IRS has sent numerous warnings and requested payment. The timeline of how an IRS levy develops includes the following steps:

  • You owe a balance: Typically, if you owe the IRS, you must pay that balance at the time of filing your taxes. For some reason, you cannot or do not do so.
  • CP Notices: The IRS will send CP14 or CP161, Balance Due Notices. This is generally sent once you fail to submit a return with payment. The IRS gives you 21 days or up to 60 days to take action.
  • Reminder Notices: The IRS will send CP501 or CP503 to you as reminders when no payment is made. This happens after 30 to 40 days. They expect you to pay the balance in full or set up a payment plan.
  • Notice of Intent to Levy: The Notice of Intent to Levy (CP504) is issued around 4 to 6 months after you failed to make a payment. This is a warning letter you simply should not ignore. It is a clear statement that the IRS intends to seize your assets.
  • Final Notice of Intent to Levy: The Final Notice of Intent to Levy (LT11 or Letter 1058) is a certified letter sent to you as notice of your right to a Collection Due Process (CDP) hearing. You have 30 days from the date on that letter to appeal, pay, or request a hearing.

When you fail to take action, the IRS will act on the levy, and once your assets or cash are gone, it’s nearly impossible to get back.

Case Study – Stopping a Bank Levy Filed in Error

Here’s what happened when a client approached us about multiple bank account levies, including one on an account that wasn’t his. 

The IRS levied four of a client’s bank accounts, including $47,000 in an account he only held as a legal guardian for someone else. He didn’t own those funds, but to get them released, we needed to prove that fact to the IRS.

The 21-day clock was ticking, so we moved into action fast. Lead tax attorney Stephen Weisberg filed a collection appeal and documented the wrongful levy, but then he didn’t sit back and wait for the IRS to respond on its own time – by then, it would have been too late. 

Instead, he made repeated calls and escalated the issue to a manager, and finally, the levy on the guardianship account was released.

The IRS has immense power; the agency works slowly, and to fight that system, you need someone who understands the process and has the commitment to put in the time. That’s what you get with The W Tax Group.

This story represents the results of a single case. Results are not guaranteed, and processes vary depending on the situation. 

Risks of Not Taking Action

Do nothing, and you can expect:

  • Frozen accounts you cannot access for weeks
  • Lost wages you worked hard for being inaccessible to you
  • Seized assets impacting how you live and get to and from work
  • Compounding penalties and interest that add to the debt
  • Missed appeal deadlines that limit your options

Whether you’ve just received a Final notice or are currently dealing with an active levy, our IRS tax lawyers can help you. However, in some cases, you need to wait – but only when it’s part of a broader strategy. 

Case Study – When Waiting Makes the Tax Debt Expire

Here’s why we advised two clients to strategically avoid IRS contact until part of their debt expired and then set up payments, and how that process avoided a levy. 

When the Diaz family approached us about a $101,000 tax bill, levy concerns were at the top of their minds – but helping them get the most relief possible was at the top of ours.

During their case review, we discovered that over half of the debt was about to expire. Our recommendation was to wait that out, and then set up payments on the remaining amount. 

The taxpayers were worried, “What if the IRS takes our assets?” We advised them that it wasn’t a risk as long as we actively monitored their account for a Final Levy Notice. The IRS never sent it, and as a result, $59,000 in tax debt expired.

We helped them set up payments on the rest, protecting them from levy threats moving forward. The result? The client avoided a levy, saved nearly $60,000, and got a payment plan they could afford on their remaining balance.

This is just one case study. Actual results vary by the situation. The way we were able to get this result was through an experienced strategy and active monitoring of the client’s account. If we had just taken their money and set up payments without a strategy, they would have owed more, had a higher risk of default on their payment plan, and potentially risked a levy in the long run. 

How The W Group Helps

Your IRS levy lawyer analyzes your case, gathers transcripts of where you stand with the IRS, and then works to create a solution. We can help you with:

  • Emergency levy release to protect your earnings
  • Wrongful levy claims if the IRS is using inaccurate information
  • Collection appeals to minimize asset loss risk
  • Negotiating an alternative solution, such as a payment plan or partial payment installment agreement
  • Establish an offer in compromise to potentially settle your debt for less than you owe
  • Pursue innocent spouse relief if you didn’t know what was happening
  • Proven currently uncollectible status with the IRS to lift the levy
  • Representation with the Revenue Officer or automated collection system (ACS)

What the Process Looks Like

How to stop an IRS levy? It starts with contacting our team for one-on-one immediate support. Here’s what happens when you call us:

  • Comprehensive consultation. We discuss everything you’re facing. You’ll learn what your legal options may be.
  • POA authorization with Form 2848. That gives us the right to speak to the IRS on your behalf.
  • Document review. We pull all transcripts and assess the notices you received and the deadlines to take action.
  • Emergency release or appeal as needed, depending on the circumstances, to stop the action.
  • Negotiation & resolution. This includes avoiding levies and establishing a method that allows you to repay the debt in a way that fits your needs.
  • Ongoing support. We are here for you throughout the entire process.

Fast action gets results. It gives us more time to negotiate and create a better opportunity to settle your debt for less and avoid bank levies.

Possible Outcomes and Options

Our objective is to provide you with as many paths as possible to the least expensive outcome. We cannot promise a specific outcome (and you should not believe anyone who does). What we will do for you is to resolve this matter in every legal manner possible. 

This may include:

  • Release an IRS levy: Once a resolution is in place, releasing the levy keeps your assets safe.
  • Wrongful release of an IRS levy: If the levy is wrongly placed for any reason, we prove it.
  • Economic hardship release: We seek to stop IRS wage levy actions when economic hardship is clearly present.
  • Appeal the levy: We will appeal an IRS levy under every possible method.
  • Negotiate an alternative: Expect us to negotiate an alternative that prevents future levies.

What to Do Right Now If You’ve Been Levied

Don’t ignore the notices. Instead, note the deadline, gather all necessary documentation, and contact our tax levy attorney immediately. Don’t wait until the 30-day appeal window closes. If you’re dealing with an active levy already, it’s time to take action immediately – contact us to release the tax levy.

Why Choose The W Tax Group

As an attorney-led resolution team, The W Tax Group is a proven resource for anyone facing IRS actions. Our exclusive focus on tax resolution gives us deep, hands-on expertise in IRS collection procedures. We provide nationwide IRS support and guide clients in navigating options when facing state tax problems from Michigan or anywhere else.

We are also different, which gives you a variety of resources. Stephen A. Weisberg is our founder and licensed Michigan lawyer. He is an ASTPS member and our lead IRS tax attorney. Lyle Warren is a tax attorney who supports our clients and provides services for a range of needs.

We cannot guarantee any specific outcome, but we offer a satisfaction guarantee. You’re not alone in resolving this matter.

Frequently Asked Questions (FAQs)

Here are the top questions on tax levies.

How do I stop an IRS levy?

Act within the timeframe specified in the IRS levy documentation. That means appealing the decision or seeking an alternative resolution.

How long does it take to release a bank levy?

This depends on numerous factors, including the actions available. In many cases, we can act quickly within several business days.

How much of my paycheck can the IRS take?

There is no cap on wage garnishment. In some cases, they may take 50% to 70% or more of your paycheck.

Can the IRS take my house or retirement account?

The IRS can take action to seize your assets. That includes your home, retirement accounts, and Social Security.

Will the IRS warn me before a levy?

You will receive a series of letters warning you of the action the IRS is taking. Expect to see these letters arrive every few weeks until a resolution is set. We can offer a confidential, no-obligation Free Tax Debt Analysis today. 

Talk to The W Tax Group for Free

The sooner you call The W Tax Group, the more options you have. Leverage our experience to protect your personal and business assets. Call 877-500-4930 or reach us online. You do not have to face the IRS alone.

 

Solve Your IRS Tax Problems Now

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