How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5132
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

EDD leved my bank account for payroll 3rd and 4th QTRS 1988. Looking

Resolved Question:

EDD leved my bank account for payroll 3rd and 4th QTRS 1988.
Looking for statute of limitations for this.
Iam the employer at this time 25yrs ago.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

Wow, it is definitely strange that EDD is levying your bank account for payroll from 25 years ago.

You have two statute of limitations to challenge. The first is the tax lien itself and the second is the notice of levy on your bank account.

Tax lien:

The EDD's judgment (tax lien) against you only lasts for 10 years, unless the EDD files for an extension of the tax lien, which must be done prior to the expiration of the 10 years. As long as the extensions are filed, however, the judgment itself does not expire, so, if the appropriate paperwork was filed the EDD can still levy your bank account for a 25 year old debt. (Chapter 7)

This is from Government Code Section GC §7172(c). To prevent a recorded or filed Notice of State Tax Lien from expiring and to remain within the statute of limitations, a Notice of Extension of State Tax Lien must be recorded with the county recorder or filed with the SOS
within ten years from the recording or filing date.

The only provision other than failure to file extensions that limits the statute of limitations for collections on a judgment is California Constitution Article 13, §30, which provides that every tax shall
be conclusively presumed to have been paid after 30 years from
the time it became a lien unless the property subject to the lien
has been sold in the manner provided by the Legislature for the
payment of the tax. (Chapter 7)

Notice of Levy:

As far the notice of levy goes, in order to be valid it needs to meet one of the following criteria:

UIC §1755 directs that the NOL be served in person or by
certified mail:

• Not later than three years after the payment of any
contributions, penalties, or interest became delinquent. Only
during this period is a recorded Notice of State Tax Lien not
necessary

or
• Within ten years from the recording of a judgment or the filing
of a Notice of State Tax Lien (Chapter 13)

If the notice of levy was not served on you within 10 years from the recording of a judgment or a notice of the state tax lien, then it would also be past the statute of limitations.

So, if the EDD has failed to follow either statute of limitations set out above, you would be successful in challenging the levy and preventing EDD from collecting the money for this 25 year old payroll debt.

I hope the above information is helpful. Since my goal is to provide you with the best service today, please don't hesitate to ask me any follow up questions or request any additional information.

If you don't have any, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 1 year ago.

They did not record a lien, I only refer to this part to see there longest limitation.


The only action they took was the levy.


They did not send any notices ever. They just took the money.


Chapter 3 Case Management, States case workloads are to be delt with in a timely manner.

Expert:  Joseph replied 1 year ago.
If you never received any notice of the levy then it is invalid and you would be successful in getting the money back that they took if you challenge it in court.

As it states above, a notice of levy needs to be filed within 10 years of the recording of the judgment or it is invalid, and needs to be filed BEFORE any money is taken from your account. You need to be served with this notice either by certified mail or in person.

If you never received any notice then the levy is definitely invalid, and you should appeal EDD taking the money from your accounts.
Joseph, Lawyer
Satisfied Customers: 5132
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.