By What Means Do I Prevent a U.S. Federal Levy On My Bank or Paycheck?

In order for the IRS to comply with the law, necessities of the law require that they initially Certified Mail their levy target (that would be you) what is known as a Final Notice of Intent to Levy made according to 26 USC § 6330(a)(1) which provides in relevant part that no levy may be made on any assets or right to property of any person unless the Secretary has informed such person in writing of their entitlement to a hearing under this section ahead of such levy being made.

26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be handed to you personally; left at the dwelling or usual place of business of such person; or sent by certified or registered mail, return receipt requested, to such person’s last known address; not less than thirty days before the day of the first levy.

When you accept the notice, it is critical that your request for the hearing be made timely. 26 USC § 6330(a)(3) specifies that the information included with the notice the IRS sends you shall include notice to you of the right to request a hearing during the 30-day period under paragraph (2).

When you obtain the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDPH (Collection Due Process Hearing) is timely requested “the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…” Requesting a Collection Due Process Hearing is the most successful way to stop an IRS levy on a bank account or paycheck since suspension of collection activity upon such request is mandated by the law.

The IRS has a tendency to try and base your entire hearing upon what you put in that request. It is for this reason I recommend very strongly using the addendums that are part of my IRS Terminator package. I explain the importance of the addendums in the videos at www.irsterminator.com.

I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to the Collection Due Process Hearing request being sent. There is a little trick to getting such fast action which is explained in the IRS Terminator package. This makes it possible for the employee to never miss a full paycheck and for the bank depositor to retrieve their funds.

Almost anyone can stop an IRS levy by timely demanding a CDP hearing as provided in 26 U.S.C. § 6330(b)(1). However, if correct steps are not taken to  prevail in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood rule against you and move forward on the levy. The IRS Terminator package is designed to give you the absolute best chance to come out on top in your hearing.

It has happened frequently that I have been informed situations where the IRS sent a levy to an work place or bank  ahead of sending the Final Notice of Intent to Levy. It is still viable to ask for a CDPH hearing in a situation such as this and get the collection action delayed before the IRS takes your paycheck or bank deposits. There are forms in the www.irsterminator.com package whose aim is to competently request a CDPH in a situation where the statutorily required notice has not been sent.

There are almost certainly not many feelings worse than the one that overtakes you when your bank or work place warns you that they have been mailed a Notice of Levy by the Internal Revenue Service ordering them to keep most all of your next paycheck or deliver the funds in your bank account to them. My IRS Terminator package provides you with the authority you should have to render the circumstances as harmless as possible and finally be victorious.

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