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Can the state of Virginia levy my bank account in North Carolina

for a State Tax Liability...
Can the state of Virginia levy my bank account in North Carolina for a State Tax Liability from 2007?
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Answered in 5 minutes by:
3/28/2013
Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,244
Experience: Extensive Experience with Tax, Financial & Estate Issues
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Stephen G :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything that is not clear.

Stephen G :

Most states have reciprocity agreements; have they actually done it?

Customer:

not yet, the pricate collection agency just contacted me via phone

Customer:

private

Customer:

Im with the understanding that NC does not allow collection agencys to garnish wages or bank accounts

Customer:

My concern is this is a private collection agency and I was not even aware that we had a tax liability in VA from 6 years ago

Stephen G :

I believe that they have to bring an action in a local court in North Carolina before that can happen.

Customer:

we have not lived in VA for that last 6 years

Stephen G :

There is generally a 6 year statute of limitations unless they have a court judgment

Customer:

Yes, I was under that impression as well. We had a home forclosed on and the bank brought us to court here in NC. SO would I be best to wait for a summons?

Stephen G :

Do you know the actual status in Virginia

Stephen G :

Oh, wait there's a court action in NC?

Customer:

I would guess that I prob do have a liability. The IRS audited us for 2007 and we have been on a payment plan since then

Customer:

not from this liability, that was from CHASE JP MORGAN for a home laon in 2007

Customer:

loan

Customer:

this is for state taxes, or thats what the private collection agency has told me

Customer:

CHASE won a judgement against me here in NC but that was the only thing. Not the State of VA

Stephen G :

Well, one thing I know is if you don't show up in court you can lose by default; sometimes all it takes is a motion to dismiss based on the statute of limitations;

Customer:

Ahh, that sounds comforting. SO would it be in my best interest to wait for a summons?

Stephen G :

You basically just ask the Court (judge) to dismiss the case because the collection attempt is too old; you have to be careful that you don't do anything to acknowledge the debt or you can start the statute of limitations running again;

Stephen G :

Even making a small payment can do that;

Stephen G :

What happened with Chase's judgement?

Stephen G :

They can enforce that against your bank accounts; if they find them;

Customer:

The CHASE just won a judgement against me that will reside on our credit report until we pay them back is what I was told by counsel

Customer:

that was back in 07 and nothing has come of it since

Stephen G :

All they need is the sheriff to serve it; yeah, they may have given up on you; was it a lot of money?

Customer:

Yes, it was 55k

Customer:

I was served by a sheriff and went to court, again this was back in 07

Customer:

Since when did a State hire a provate collection agency to collect tax debt?

Customer:

private?

Stephen G :

that was just for the action; after a judgment they sheriff can start collection efforts;

Stephen G :

do you own a home in NC?

Customer:

oh, well that hasnt happened and this community is so small we go to church with the deputies and sheriff. we would have heard something by now,

Stephen G :

The states are all doing it now;

Stephen G :

ie. hiring a collection agency

Customer:

I am going to take your knowledge here and wait until I get a summons from VA before I acknowledge that I may have a liability. would that be the best thing to do? I really do not have money to pay this right now anyway

Stephen G :

If you own a home, then if that judgement hadn't expired (at that amount it could be a 20 yr statute), if you went to sell or refinance your mortgage, the judgment would have to be satisfied.

Stephen G :

Right, I understand.

Customer:

right. I do not own a home right now.
My biggest concern here is the State of Virginia being able to levy my bank account or garnish my wages before they send me a summons

Stephen G :

Just like Chase, they have to chase you to your own locality

Customer:

well thank you for the great advise/knowledge. I appreciate you being here to answer my questions. I will rate an excellent for you. have a great day!

Stephen G :

See tax authorities are different, like the IRS can get you anywhere without going to court

Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 7,244
Experience: Extensive Experience with Tax, Financial & Estate Issues
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Stephen G.
Stephen G.
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Category: Tax
Satisfied Customers: 7,244
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