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Zachary
Zachary, Attorney
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The state of california has levied my bank account for past

Resolved Question:

The state of california has levied my bank account for past due taxes on dual liability with an ex husband from 20 years ago. How do I go after him for the money or at least half the money? I cannot determine why the state hasn't levied his bank account. If they have, will they credit half the money back?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Are you saying that the taxes were due 20 years ago and they just now levied your account?
Customer: replied 1 year ago.

A 1989 tax joint tax return. Amount was $4929 and paid was $3881.53.


I had no idea these taxes were due (interest and penalty now at $11,895.). Left California in 1993.


 


I began getting notices about 4 years ago. When I called and spoke with them, they did not know where my ex-husband was living.


So I am now levied for the taxes.


 


How do I determine if they also levied him? Getting them on the phone is IMPOSSIBLE! If they did levy us both, will I get half the money back?


 


Also, what type of lawyer do I hire to go after my ex?

Expert:  Zachary replied 1 year ago.

Thank you for your response.

 

It is possible to pursue your husband for his joint liability for the taxes. Also, there is protection you can seek under the "innocent spouse" provisions of the tax code.

 

If the IRS has levied both you and your husband and collected more than is due on the tax bill, it is possible to get the money back. However, if they have only levied on you, you bear the burden of collecting from your ex-husband and can get a judgment against him.

 

You need to consult with a tax attorney ASAP. There may be ways to prove that the taxes are no longer due as the statute of limitations may have passed on them unless they were reduced to a judgment.

 

-ZDN

Customer: replied 1 year ago.

Thank you. Should I hire a tax attorney in the state I live in or does it matter where the attorney is located?


 


Also, shouldn't the state be able to tell me if they also levied his account? Is it likely they would levy both?


 


Thank you.


 


 

Expert:  Zachary replied 1 year ago.
Hi,

Your attorney should be someone near your town and specializing in tax law.

The state should be able to confirm if his account has been levied and let you know the remainder of the amount due.

I hope this helps you in resolving this issue.

Good Luck,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3976
Experience: Lead trial/International commercial attorney licensed 11 yrs
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