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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37841
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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California Franchise Tax Board took money from my mothers

Resolved Question:

California Franchise Tax Board took money from my mother's (who is retired) checking account without any notification. The problem is the bank account had $1031. She owed me over $1000, and purchased an item for me (now in my possession) without any knowledge of this levy. 3 days later the bank processes the levy and the purchase at the same time. This has led to her now having an unarranged overdraft of $1231 (as there are 2 $100 processing fees attached). She does not live in California, never has and lives abroad. She was born there. she was also going to shut the account down.

What course of action is there to get the account back to a $0 balance as obviously Bank of America are harassing her when she had no idea a levy was imposed or that she owed money? Her thoughts lean towards never setting foot in the country again & to let them come find her!
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question and thank you kindly for requesting me to assist you with your concerns.

If I may ask, is this is a situation where she is unable to cover the payments, and is she also willing to never return to the country?
Customer: replied 1 year ago.
Hi. She is not willing but is able to cover the payments. She also is willing to never return (as she finds the whole situation disgusting). She has absolutely no idea why the tax board has taken the money - as she left California 45 years ago at the age of 21!
Expert:  Dimitry K., Esq. replied 1 year ago.
TJ,

Thank you for your follow-up. That is most weird. Has she attempted to contact the Board and figure out what this was about, or if this was a potential issue of 'mistaken identity'? Does she have a business in California or does she live completely overseas?
Customer: replied 1 year ago.
She did pay for her parents house, now in their 80's when they fell on hard times. So although she does not live in the US she does own the said property. The same thing happened to my brother who has never lived in the US (although a tax paying citizen), where the California Franchise board took his life savings with no warning. Although they admitted a mistake in his case and said they would refund him in about 8 weeks.

In this particular case, we are just annoyed that with no warning BofA have placed her into an I agreed overdraft, and have charged her 2 separate fees. When asking BofA why she was allowed to buy an item, have the money held for 3 days then charged for her item and a levy at the same time they said she had to get the money back from the place where she bought the item. She has no intention of doing so. She would just like to close her account down (and of course she is now being charged an overdraft fee and an account fee.)
Expert:  Dimitry K., Esq. replied 1 year ago.

TJ,

There is no warning required if a lien is valid. In fact BofA cannot warn because then parties can withdraw heir assets knowing that a lien is coming and avoid repayment. If her account also had overdraft protection, then the account does extend what is essentially credit to her (in such instances) and allows her to continue charging even if that may be an error. The bank here is likely not at fault if the charges they made were disclosed, but you can contact the board and see if hey are willing to cancel their charges. If not, she can indeed stay overseas with no further ill effects. If she is not going to receive any benefits such as Social Security, or has no further interest in the US, they are not going to expend serious resources in going after her for such little money.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37841
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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