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In order for the IRS to comply with the law, it is requisite that they initially give the subject of the levy what is called a Final Notice of Intent to Levy pursuant to 26 USC § 6330(a)(1) which provides in pertinent part that no levy may be made on any assets or right to property of anyone except the Secretary has advised such person in writing of their entitlement to a hearing under this section before such levy being made.

26 USC § 6330(a)(2) provides that the notice required under paragraph (1) shall be given in person; left at the home or usual place of business of such person; or sent by certified or registered mail, return receipt requested, to such person’s last known address; not less than 30 days before the day of the first levy.

When you get the notice, it is VERY important that your application for the hearing be made timely. 26 USC § 6330(a)(3) specifies that the information included with the notice the IRS sends you shall include notice to you of the right to request a hearing during the 30-day period under paragraph (2).

When you are given the aforementioned notice and read it you will see that 26 U.S.C. § 6330(e) provides that as soon as a CDPH (Collection Due Process Hearing) is timely requested “the levy actions which are the subject of the requested hearing…shall be suspended for the period during which such hearing, and appeals therein, are pending…” Requesting a CDPH (Collection Due Process Hearing) is the most effective way to bring to a standstill an IRS bank levy or paycheck levy since suspension of collection activity upon such request is mandated by the law.

The IRS have a tendency to make an effort to base your total hearing upon what you put in that hearing request.  It is for this reason I recommend very strongly using the addendums that are part of my IRS Terminator package. I explain the importance of the addendums in the videos at www.irsterminator.com.

I have seen the IRS fax a release of levy to an employer in as little as two days subsequent to the CDPH (Collection Due Process Hearing) request being sent. There is a little trick to getting such fast action which is explained in the IRS Terminator package. This makes it possible for the employee to never miss a full paycheck and for a bank depositor who is subject to an IRS bank levy to retrieve their funds.

Almost anyone can stop an levy by Federal tax authorities by timely applying for a CDP hearing as provided in 26 U.S.C. § 6330(b)(1). However, if correct steps are not taken to  triumph in the hearing, eventually the IRS will get around to holding the hearing and in all likelihood hold against you and move forward on the levy. The IRS Terminator package is planned to give you the absolute best chance to triumph in your hearing.

It is not an odd occurrence that I have been told situations in which the Federal tax authorities sent a levy to an employer or bank  sooner than they sent the Final Notice of Intent to Levy. It is still workable to demand a CDPH hearing in a situation such as this and get the collection activity put on hold before the IRS takes your paycheck or funds. There are forms in the www.irsterminator.com package whose propose is to competently request a CDPH in a situation where the statutorily required notice has not been sent.

There are probably few feelings worse than the one that happens when your financial institution or employer informs you that they have been served a Notice of Levy by the IRS ordering them to keep most all of your next paycheck or that there is an IRS bank levy on the funds in your bank account. My IRS Terminator package supplies you with the paperwork you need to render the circumstances as harmless as possible and eventually come out on top.
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