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Irwin Law
Irwin Law, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6847
Experience:  Attorney 40 plus years private practice. Real Estate, Wills, Trusts, Injury claims. Still active.
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The CA franchise tax board is threatening levy of my bank

Customer Question

The CA franchise tax board is threatening levy of my bank account which is only made up of funds from SSA. The bank is telling me they can't seize that money it is protected for 60 days because iris all from social security . Can you help?
JA: Has anything been filed or reported?
Customer: I am on installment agreement and they wantmoremoney
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it. Do they have a right to it?
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Irwin Law replied 2 months ago.

I am not sure about what you're asking. If the bank does not honor the seizure for 60 days, then within the 60 day period you should have either withdrawn or spent the money so that it is no longer there, and cannot be seized. Does that answer your question?

Customer: replied 2 months ago.
The bank stated they they protect 2 months of checks for 60 days. In other words they will protect $3900 for 60 days, after that time the tax board could take anything over that amount in my account
Expert:  Irwin Law replied 2 months ago.

Right, so be sure that your balance is under $1,950 the day before your SSA arrives, and you should be okay. Got it? If so, please be sure to rate my Answer with 3,4 or 5 Stars, and I thank you for using JUST ANSWER.

Customer: replied 2 months ago.
Thank you
Expert:  Irwin Law replied 2 months ago.

You are very welcome. Be sure to check back with your bank and ask them if they work it the way that I told you. What I told you is the supersafe method. You may be able to go past $3900 for 60 days if the bank treats the 60 day period as starting on the day that your account goes over $3900. That would make it more difficult for you to keep track of when that 60th day comes. If you're not 100% certain about how to do it differently, then just follow my basic instruction

Customer: replied 2 months ago.
I rated good 4 times
Expert:  Irwin Law replied 2 months ago.

Thanks. It hasn't shown yet.