How to Remove IRS Tax Levy or Garnishment

Bernie Gartland

Bernie Gartland

Bernie Gartland:       Hi everybody, Bernie Gartland. This is the IRS Fix, brought to you by The Gartland Group. Tim Berry sitting with me, tax attorney. Bernie Gartland, tax attorney. Tim.

Tim Berry:             Bernie.

Bernie Gartland:       You have people that know they owe taxes and there’s two entities that do not want to hear from. It isn’t the IRS.

Tim Berry:         No.

Bernie Gartland:        It’s their bank. The bank says, “By the way, Mr. Taxpayer, you just got your account levied on,” which means the attacking authority’s going to take it. The other thing is the secretary says, “The boss wants to see you.” The taxpayer walks in and says, “What’s up?” He says, “What’s up is we just got a levy on your wages.”

Now, if you know you owe taxes and you sit there and do nothing, this is what happens, but there is a preventative measure that most of you do not know exists. Do you know what that is?

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Tim Berry:                  I don’t Bernie, because you’re Harvard-trained and educated. For us lowly people, your news of this fancy word levy, is that something that holds back water?

Bernie Gartland:        A levy takes things away from you. It doesn’t hold back anything. It precludes you from using your money.

Tim Berry:                   Levy is the IRS fancy word for garnishment.

Bernie Gartland:        Exactly.

Tim Berry:                  We’re going to start garnishing your wages. We’re going to take away from your bank account and everything.

Bernie Gartland:         Exactly.

Tim Berry:                   The question is, how can we stop a garnishment of the IRS if they’re going to start going after your wages? Is there a way to stop a levy, them taking away your bank account?

Bernie Gartland:         Before it happens.

Tim Berry:                    Before it happens. The answer is absolutely. There is a whole … Can I use your word?

Bernie Gartland:          You use whatever word that is.

Tim Berry:                    Okay.

Bernie Gartland:          We’re on camera.

Taxes, The IRS and You Podcast Video

Tim Berry:              Oh yeah, we’ve got to be careful on that. FCC rules and everything. No, there’s a plethora of options available to people. Many of these options is as simple as a phone call. You could pick up your phone, you could call up your friends at the IRS, and you can say, “IRS, under this particular code section, I want you to not engage in a garnishment or a levy upon my salary. I want you to cease the levy activity on my bank account.” If you do things right, the cool thing is not only do they have to cease the levy, not only do they have to cease the garnishment, release it, but they do what, sir?

Bernie Gartland:       They give your money back.

Tim Berry:                  They give you the money back. The money that they took away from you is given back to you. Don’t despair. Well, it’s easy for me to say, “Don’t despair if you get a levy notice by the IRS,” but if you do get the levy notice, in particularly the one that has the registered receipt envelope on it and it has the 1058 at the bottom of it, you want to give us a call immediately, because if you call us immediately, we can probably get that removed and/or stalled for quite a long time, but if you wait, and you wait, and you wait, it’s going to be very difficult to get that removed.

Bernie Gartland:         You know what the interesting thing is? The IRS is totally aware of their own statute that says, if we get a call from … Especially from the tax advocate, which is, we’re representing the people, that they will not issue this garnishment or levy, but they’re not going to tell you that because they don’t want you to know. We know it, that’s why you need to call us.

Tim Berry:             That’s the bottom line. If you have tax issues, by all means, give us a call. If a loved one has tax issues, by all means, have them give a call. We can help them.

Bernie Gartland:       Do not do nothing. Be proactive. If you know you owe taxes, there are statutes, there’s laws that the IRS abides by that will prevent them from issuing, grabbing money, but you need to know what it is. They know what it is, but they’re not going to tell you. Give us a call. This is Bernie Gartland, Tim Berry, the IRS Fix, brought to you by The Gartland Group. See you next time.

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