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Just came across this site. I also have a problem with the

FTB. They have levied my...
Just came across this site. I also have a problem with the FTB. They have levied my BOA bank account and the only funds coming into that account are my social security checks, which they are not authorized to levy. The next deposit is this Wednesday and the SSA cannot make any changes before that time (take them 2 weeks for account or any other change). I will be trying to stop the deposit come Monday but may not be successful. Was in the process of trying to straighten out my tax situation with FTB but process has been dragging on (partly my fault as I need to refile three yerars worth which is time consuming). What can I do to stop the garnishment before Wednesday and do you have any other advise? I no longer live in California by the way so can't go to court there. Please help!
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Answered in 21 minutes by:
6/8/2013
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Thank you for your question and thank you kindly for requesting me. Where exactly are you located?
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Customer reply replied 4 years ago

Texas

Thank you for your follow-up, Hanna.

This is a bit of a complicated issue because you are not able to appear locally. The only legitimate option that I see, but one that may cost you funds, would be to consider retaining local counsel in the state where the order is domesticated, and ask the attorney to file for an emergency injunction (a stay) so that the other party cannot seek a bank levy. I honestly see no other viable options because calling the judge will not help as most will require you or your attorney to appear directly and plead their case--courts do not work via phone. You have already taken as many potential reasonable steps as you could (stop-payments, notifications, etc..) but to truly stop it you MUST somehow appear in front of a judge, show that the funds are exempt, and request a removal of the levy. You can still try to call the judge on Monday, speak to the clerk, explain that you are far and cannot travel, and seek a phone conference, but that is very much an outside shot. While theoretically possible, you really cannot count on that as being sure to work.

Hope that helps.

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Customer reply replied 4 years ago

Thanks for the answer. I'd consider the injunction if I only knew some low cost attorney who could do that for me. Obviously, being on SS and all, I am not rich. If you have a recommendation for someone I'll consider it.


 


A complication is that I have no idea what the court or judge is. May be I had some notification that I didn't see? NEEDLESS TO SAY NOTHING ARRIVED FROM THE BANK YET (that's probably deliberate).


 


I suppose the one way to find out about the court is to call the FTB itself, at which point I could alert them to the fact that this account contains only my SS benefits (and they may or may not care at this point). I was hesitant about calling them for obvious reasons.

Customer reply replied 4 years ago

Relist: Other. I did not get a reply to my follow-up question. It was relatively simple I thought. Also, I cannot spend much more time waiting in front of the computer. Hope someone will be able to retrieve the original answer and the follow-up question.

socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39,381
Experience: Retired (mostly)
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Hello,

Different contributor here. Please permit me to assist.

Simple answer: close your account. If the account is closed, the payment will be rejected and sent back to the Social Security Administration. Then, contact SSA and tell them that you have opened a new account at [some state chartered bank in Texas which has no branches in California].

SSA will send you a physical check to make up for the missed payment, and your new payments will be deposited into an account that the FTB cannot reach without first registering a California Superior Court judgment in Texas District Court, and then holding a judgment debtor exam to try to locate your assets.

Hope this helps.
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Customer reply replied 4 years ago

Thanks for the answer. Closing the account was my first thought. Unfortunately, the bank won't let me close the account (shockingly!). They already collected their $100. fee so I can't see the reason. One last question on this: can the bank (BOA) actually refuse to close an account if so instructed and if I don't owe them anything?


 


If closing the account would work, I have no trouble with the delay in collecting my SSA payment and the SSA administration already explained to me what they'll do if the account is closed. They have now an alternate account in a Texas chartered bank to deposit it.


 


I appreciate your comment about the steps it'd take to get a levy in another state. Looks like this process will be buy me enough time so I can settle things with the FTB once and for all. I sure appreciate knowing that.

If the account is already levied by the sheriff, then it's under the sheriff's control, so it can't be closed.

California law will not protect the account from a levy by the FTB or BOE. So, you're screwed, if the money is deposited into the account. The best you can do is to have Social Security Administration redirect your future payments. Anything else will just be a time waster.

Hope this helps.
socrateaser
socrateaser, Lawyer
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