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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118744
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Have you read my question, California. I have not consulted

Customer Question

Have you read my question
JA: What state are you in? And have you consulted a local attorney?
Customer: California. I have not consulted a local one yet. But I've had a little guidance from a good friend who was a practicing proscuter and attorney in Florida
JA: Has anything been officially filed? If so, what?
Customer: The taxes have been completed by the accountant a couple or few months back. I wanted to do my taxes and the accountant told me that I would get a K-1 and they would send to me. So I filed an extension, which is now late and kept trying to get the K-1. Also is there any advice on what to do about the SBA garnishing my Social Security for the full amount
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not sure
Submitted: 11 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the accountant or the business has not issued a K-1 as required, you can file a complaint to the IRS, as this is no different than failure to issue a 1099. At this point you can send a letter to the accountant informing him that if he does not send the K-1 you will have to file a complaint with the IRS and also with the state CPA board as well.
As far as the SBA garnishment, in order to stop the garnishment, you first need to file a letter to the director at first to reduce the garnishment based on significant financial hardship. If the SBA refuses, then you have to file a motion in court to seek to reduce the garnishment and you would need a local attorney to represent you in the court action to get the court to order the reduction. That is all you really can do.
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