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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I have a question about my SSDI check.

Resolved Question:

I have a question about my SSDI check.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please allow me to assist you.

What specifically is your question?
Customer: replied 1 year ago.

I receive a SSDI check every month. The IRS had been levying the check for apprx 2 years. W/o notice they stopped taking any money. This has happened for 3 months.

Expert:  Dimitry K., Esq. replied 1 year ago.
Albert,

Thank you for your follow-up. Is that because of some sort of a judgment or a tax debt that you owe to the IRS? I am also assuming that you still have an outstanding balance that is owed to the IRS and this wasn't something that you expected to terminate, am I correct?
Customer: replied 1 year ago.

Yes-I have an IRS tax debt with an outstanding balance. If you mean by terminate paying off--no.

Customer: replied 1 year ago.

btw - I am also voluntarily sending them additional monthly payments.

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

Thank you for your follow-up. I see three potential reasons for why the IRS stopped the garnishment. The first reason may be that the amount pursued was either incorrect or was costing them too much, in essence making you 'judgment proof'. That does not mean that the IRS forgot about you or this debt, it may simply mean that they are re-evaluating their own expenses and may see the garnishment as too expensive for them to pursue.

The other option is even less optimistic--if your debt is significant, the IRS may be contemplating pursuing a judgment lien against your other physical assets or property, such as your home, cars, boats, motorcycles, and the like. There is no guarantee that the IRS will pursue it, but what you are describing does sound as if the IRS may be considering filing other means of going after this debt.

Finally, it could simply be an error. That is highly unlikely but it is possible in theory. My suspicion is if the debt is substantial, they may be preparing to pursue other assets and not just your SSDI.

Good luck.

Customer: replied 1 year ago.

There s already a lien on the assets.

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

Then they may be considering pursuing the lien over the garnishment. The IRS can at times stop the garnishment prior to seeking additional legal action against the holder of the debt. At least based on my experience with the IRS, that is generally how they act prior to pursuing this option.

Good luck!

Customer: replied 1 year ago.

what do you mean by pursuing seeking additional legal action? Pursuing the lien?

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

-----
what do you mean by pursuing seeking additional legal action? Pursuing the lien?
------
That is exactly what I mean. Typically when the IRS stops a garnishment it means that they may be getting ready to pursue the lien against you if they have already attached it against your property.

Good luck.

Customer: replied 1 year ago.

what exactly does that mean?

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

That means that the IRS may choose to start the process via the courts in potentially selling the assets to which they have a lien. In essence they can seek a judicial foreclosure to real estate or a forced judicial sale for other assets that have no outside liens or encumbrances attached to them.

Good luck.

Customer: replied 1 year ago.

so are you saying that they are going to take my house?

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

It is a very strong possibility. When the IRS stops garnishment, it may signify that they are considering such next steps and that they are going to pursue a forced sale of your home.

I am sorry.

Customer: replied 1 year ago.

can they do that if I m making voluntary payments? doesn't that have to be approaved by a judge?


my prior attorney told me that it rarely if ever happens?


do you feel that this could mean anything else?

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

If you still have an outstanding balance they can do so. It does have to be approved by the judge, it would mean that they could be considering going back to court and compelling a sale. I agree that it rarely happens but it does happen, and it usually happens after they stop garnishments. Beyond what else it could mean, I suggested three potential options but without speaking to the IRS directly and finding out, I cannot give you a better answer--you may want to consider retaining counsel just for that reason.

Good luck and take care.

Customer: replied 1 year ago.

I do have an attorney-she is presently not available. She has spoken to the revenue officer numerous times and the ro never mentioned it. wouldn't they do so? As a means of 'negotiating? The RO 5-6 months ago drop off info about OIC's.


They never gave us a Final Intent to Levy? Isn't it strange that they never mentioned this and try to work something out?

Expert:  Dimitry K., Esq. replied 1 year ago.

Albert,

It may be strange but you are really asking me at this point to guess at how the IRS may be evaluating your case. At the same time the IRS owes no duty to negotiate or offer other options for payment so while t may be unusual, it is not against their policy. Please understand that I am solely going by your facts, I cannot tell you more without having some sort of word from the IRS.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37459
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

I do fully understand that you do not know all of the facts and are just giving me your opinion w/o giving me false hope and with what i have told you do i have a realistic reason to feel optimistic?


 


pls comment again on the lack of a final notice to levy and no contact with my attorney and just how unusual it is & also how difficult is it for them to get it past a judge. also the OIC info.


can you please give me a little of your opinion for each of these?

Customer: replied 1 year ago.

This from NOLO-


Can the IRS take my house?


Yes, but the Taxpayers' Bill of Rights discourages the IRS from seizing primary residences (however, your vacation home or rental property is fair game).


IRS collectors, however, cannot act on their own to seize your house. The IRS must obtain a court order, which you can contest. And you can request help to stop the seizure from the Taxpayer Advocate Service.


The IRS doesn't like publicity about taxpayers losing their homes, so a call to the newspaper might help. Typically, the IRS seizes homes only if you have totally failed to communicate or cooperate with the IRS collectors --There has been no failure to communicate or cooperate..

Expert:  Dimitry K., Esq. replied 1 year ago.
Albert,

I am going to opt out from further answering this for you, since I really have nothing further to add at this time. You are really asking me to provide you with a fairly detailed analysis that is out of scope from your initial question. Take care.
Expert:  Wendy-Mod replied 1 year ago.
Hello,


I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


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