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I was involved in a traffic accident, the other person

Customer Question
I was involved in...

I was involved in a traffic accident, the other person admitted fault. The insurance carrier is refusing to issue a check because I have a tax lien against me they say I must pay the lien before they can issue payment for damages

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I am in Texas which is where the accident occurred

Lawyer's Assistant: Has anything been filed or reported?

The lien against me was issued from the State of California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Claims have been made against the insurer No Litigation has been filed

Submitted: 4 months ago.Category: Personal Injury Law
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Answered in 7 hours by:
12/6/2017
Personal Injury Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Personal Injury Law
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Personal Injury Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. Unfortunately, courts have ruled that if the IRS has a lien on your property, they can be in line to receive your tax settlement; however, this doesn't necessarily mean that the insurance company can't cut the check. Could you help me understand what the lien is on and what the insurance company has said to you?

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Customer reply replied 4 months ago
As I indicated in my initial question, this is NOT an IRS Lien. It is a lien from the State of California. I know that California does not have the authority to place a lien on, or seize assets situated outside the state of California. So I cannot understand why the insurance company claims that they are "obligated" to withhold the check when all parties involved are not citizens of California.
Personal Injury Lawyer: Legal Eagle, Lawyer replied 4 months ago

Hello, I can understand your concern; however, I don't believe that I'm qualified to assist with this issue. I'll opt out and let someone who may understand tax liens a bit better assist. Thanks so much.

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Personal Injury Lawyer: Seattle Scott, Attorney replied 4 months ago
Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 1,003
Experience: I have 25 years experience as a Washington State Personal Injury Attorney
Verified

CA tax lien law applies to insurance companies that do business in CA. So if the insurance company that owes you money does business in CA the lien applies to the check even if it is payable to a non-resident of CA as the result of a TX insurance policy.

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Seattle Scott
Seattle Scott
Seattle Scott, Attorney
Category: Personal Injury Law
Satisfied Customers: 1,003
1,003 Satisfied Customers
Experience: I have 25 years experience as a Washington State Personal Injury Attorney

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