FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

Los Angeles Wrongful Levy Claims Lawyers

Wrongful Levy Claims Lawyers

The IRS has a variety of tools at their disposal when a person or company owes back taxes. They can repossess non-liquid assets that the person owns, such as their home or car or other property. They can take money out of the person’s savings accounts and investments. They can repossess basically everything that person owns.

But sometimes the IRS makes mistakes. They may seize property that belongs to a third party not involved in the tax issue. When that’s the case, a wrongful levy claim must be filed by the person who actually owns the property. Filing the claim is the main legal recourse to keep the IRS from taking the property, or to facilitate a return of the property that was already taken.

If the IRS has taken property that belongs to you because of the actions of a person who doesn’t own that property, you should talk to a lawyer. Your attorney can help you get the claim filed so that the process goes as smoothly as possible. They can also help you prove that the property actually does belong to you.

It’s good to have legal counsel when you’re facing the IRS, even in cases like this, where you’ve done nothing wrong. The goal of the agency is to be repaid the money they are due. They don’t appreciate needing to spend time giving back assets that were supposed to cover someone’s debts.

What to Do

There are three main options for people who are the victim of a wrongful levy:

  • File a claim in writing with the administrative part of the court.
  • Start civil proceedings against the government through the US District Court.
  • Go to court after your administrative efforts have all failed.

If you want to make a successful claim, it is imperative that the property that was levied belongs to you. You might also be successful if your claim on the property is better than that of the targeted taxpayer.

One of the most common examples is when two people own a bank account together. They might be spouses, or they might be business partners, or they might have other reasons for sharing. When one of those people has back taxes that they owe, the IRS might drain the shared bank account of its funds. But if you’re the one who earned and deposited the funds into the account, you can file a claim to have them returned.

Similarly, if the other party owned a portion of the funds, but you owned the majority, the IRS might take the funds that belong to them. But you have a right to get back the funds that are yours, since you aren’t liable for the other person’s delinquent taxes. There may be some exceptions for cases in which the two people owning the account are spouses who have filed a joint tax return with discrepancies.

In order to make a successful claim, you will need to give the following:

  • Your full name and current address
  • The full name and current address of the targeted taxpayer
  • The exact office of the IRS that seized the property, along with the date of the seizure or levy
  • Detailed information about the property that was levied, to prove that you are familiar with it
  • Proof that you have a better claim to the property than the taxpayer
  • Whatever additional information might help support the claim

There are limitations on the amount of time you have to file your wrongful levy claim. That’s part of why talking to an attorney is so helpful. They can make sure that your claim is filled out with all the necessary evidence and then filed well within the bounds of the time constraints.

When the property that was levied is a tangible asset rather than liquid funds, you are able to make the claim whenever you want. You aren’t subject to the same rules and limitations. The IRS must still have the property on hand, though. The longer you wait, the higher the chances that it will have been liquidated to pay the tax debt.

If the property has changed hands since the IRS seized it, you can ask to be given back the profits from the transaction. You will need to do this in the two-year period following the initial levy. After two years, you’re no longer eligible to receive this compensation.

Your claim might be denied if the IRS decides that you have not provided sufficient proof of your right to the property. At this point, you’ll begin the appeals process with the Collection Appeals Program. This is a process that involves a lot of paperwork and hassle, so it’s best to leave it to your attorney to handle for you.

If you have received a levy judgment from the IRS regarding your money, investments, home, vehicle, or other tangible assets, time is of the essence. Talking to a lawyer and filing your claim are the two best ways to avoid losing the property.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us